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HomeMy WebLinkAboutResolutions - 2000.07.20 - 26032AND BUYLDINQ COMMITTEE July 20, ,2000 MISCELLANEOUS RESOLUTION #00172 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - CONTRACT FOR PUBLIC EDUCATION SERVICES - FRIENDS OF THE ROUGE. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution #00047 the Drain Commissioner was authorized to accept federal grant funding of $408,000 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit")issued to the County by the State of Michigan; and, WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities required by the Storm Water General Permit which will assist in restoring the water quality of the Rouge River; and WHEREAS, said grant, among other things, requires a 50% match in funds or in-kind services; and, WHEREAS, the Drain Commissioner has requested the assistance of the Friends of the Rouge ("FOTR"), a Michigan non-profit corporation, to provide public education services; and WHEREAS, the Drain Commissioner is prepared to provide a portion of USEPA Grant funding to the FOTR to provide public education services in accordance with the attached contract; and, WHEREAS, the portion of the USEPA Grant funding for public education services will not exceed $98,240.00; and, WHEREAS, FOTR, has agreed to match the USEPA grant funding of $98,240.00 and to provide public education services in accordance with the attached contract; and, NOW THEREFORE BE IT RESOLVED, in accordance Miscellaneous Resolution #00047, the Oakland County Board of Commissioners authorizes the Drain Commissioner to execute the attached contract with the Friends of the Rouge. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Sever absent. OAKLAND COUNTY DRAIN COMMISSIONER'S CONTRACT FOR STORM WATER MANAGEMENT SERVICES WITH FRIENDS OF THE ROUGE This CONTRACT (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"), by and through its Drain Commissioner, and the FRIENDS OF THE ROUGE, a Michigan non-profit corporation whose address is 22586 Ann Arbor Trail, Dearborn Heights, Michigan 48127 (hereafter "FOTR"). In this Contract, either the County and/or the FOTR may also be referred to individually as a "Party" or jointly as "Parties." INTRODUCTION The County of Wayne through the Rouge River National Wet Weather Demonstration Project ["Rouge Demonstration Project"] has offered technical assistance and federal grant funding to local government entities for addressing and improving the water quality and recreational use of the Rouge River. The Rouge Demonstration Project is designed to assist local communities with regard to the implementation of the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by the State of Michigan. The types of activities required by the Storm Water General Permit include illicit discharge elimination, public education and sub- watershed management planning. The Oakland County Drain Commissioner is actively participating in the implementation of the Storm Water General Permit issued by the State of Michigan for the County of Oakland. The Drain Commissioner was awarded federal grant funding of $408,000 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement illicit discharge elimination, public education and sub-watershed planning for the Rouge River and its tributaries within Oakland County. In order to comply with the federal grant funding requirements and objectives, the County of Oakland was required to enter into an Inter-Agency Agreement ("IAA") with the County of Wayne, and further, agreed to comply with certain administrative procedures. The federal grant, among other things, requires a 50% match in funds or in-kind services. The Drain Commissioner is prepared to provide a portion of USEPA Grant funding received pursuant to the IAA to the FOTR for public education services and sub-watershed planning activities in accordance with the scope of services (as described and defined in this Contract). The portion of the USEPA Grant funding will not exceed $98,240.00. In consideration, FOTR will agree to all USEPA Grant and contract conditions required by the County of Oakland under this Contract and the IAA. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract and the IAA, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and FOTR mutually agree as follows: ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County", "FOTR", "Party" and "Parties"), the Parties agree that the following words and expressions, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1 "Consultant" - shall be defined as an independent contractor engaged by FOTR to perform any services necessary to carry out the objectives under this Contract. 1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the FOTR and/or any FOTR Agents, as defined herein. 1.3 "FOTR Agent" or "FOTR Agents", shall be defined to include any and all FOTR's officers, employees, managers, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a FOTR Agent and conversely, no FOTR Agent shall be deemed a County Agent. 1.4 "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein; or asserted against FOTR and/or FOTR's agents. 1.5 "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the Michigan Department of Environmental Quality ("MDEQ"). ARTICLE II. FRIENDS OF THE ROUGE PUBLIC EDUCATION SERVICES. The Parties agree that the full and complete scope of services shall be as described in attached 2 Exhibit "B" and limited in the following subsections (hereinafter defined and referred to as either "FOTR public education services" or services). 2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all "FOTR public education services" or "Services" to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the County in the performance of County's official functions, obligations, and County's legal responsibilities relating the Storm Water General Permit and fulfillment of the state and federal environmental laws and regulations. 2.2 MANNER FOTR TO PROVIDE SERVICES The Parties agree that any and all "FOTR public education services" or "Services" to be provided by the FOTR for the County under this Contract shall be performed by FOTR or FOTR's Agents or consultants as defined herein. 2.2.1 FOTR's agents or consultants shall be employed and assigned by the FOTR in such numbers and based on such appropriate qualifications and other factors as decided solely by the FOTR. 2.2.2 Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and OCDC Personnel. 2.2.3 The FOTR agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the FOTR during the term of this Contract. This section shall not prohibit the FOTR from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.2.4 Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the FOTR and/or a FOTR Agent. 2.3 LIMITS AND EXCLUSIONS. FOTR shall remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any FOTR's obligations under this Contract. The FOTR shall employ and retain its own FOTR legal representation, as necessary, to defend any claim alleged and/or brought against FOTR or FOTR's agents before an adjudicative body or court. 3 ARTICLE III. FOTR COMPLIANCE WITH TERMS AND CONDITIONS OF IAA BETWEEN THE COUNTY OF OAKLAND AND COUNTY OF WAYNE. To the extent permissible under the law, FOTR agrees to comply with the following terms and conditions required of the County of Oakland pursuant to the IAA attached hereto as Exhibit "A". FOTR agreement to comply with the terms and conditions of the IAA shall not be construed as assignment of the IAA, but as additional terms and conditions of this Contract. 3.1 To the extent there is a conflict, it is understood and agreed by the Parties that the terms and conditions contained in the IAA shall take precedence over terms and conditions of this Contract. ARTICLE IV. TERM OF CONTRACT. The Parties agree that the term of this Contract shall begin on the effective date of this Contract. This Contract, unless extended by mutual written agreement, shall expire on May 30, 2001. ARTICLE V. BUDGET AND PAYMENT SCHEDULE. The parties acknowledge that this Contract is expected to be funded in part from federal grant funding from the United States Environmental Protection Agency ("USEPA"). The total budget for services under this Contract shall not exceed $196,480. The distribution of USEPA grant funding by County shall not exceed $98,240.00 and FOTR shall provide a minimum matching costs of $98,240.00. 5.1 FOTR understands that the County has no funds other than the USEPA grant funds to pay for services under this Contract and agrees that any and all costs incurred which exceed this amount and/or are disallowed under this Contract, the IAA or the USEPA, will be the responsibility of the FOTR. ARTICLE VI. CONTRACT ADMINISTRATION AND PAYMENT. 6.1 This Contract will be administered on a cost reimbursement basis. The FOTR shall submit to the County, project status reports and invoices on forms provided by the County. 6.2 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. 6.3 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. E. The reimbursements requested for the billing period. F. Project work element detail. 4 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. 6.4 The invoices must be certified for completeness and correctness by an appropriate FOTR agent. 6.5 All invoices will be paid by the County within thirty (30) days of receipt of funds from the Wayne County/USEPA. 6.6 The FOTR will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The FOTR will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to USEPA Grant funding. These cost estimates will be provided in a format to be established by the County. 6.7 The FOTR 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 USEPA Grant and by 40 C.F.R. 31.1, et seq. 6.8 All reports, invoices, and work products required under this contract will be transmitted to the Oakland County Drain Commissioner. ARTICLE VII. AUDIT AND ACCESS TO RECORDS. 7.1 FOTR 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. 7.2 FOTR will cooperate with and assist the County with respect to federal or state audit review related to the use of USEPA 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. FOTR will cooperate with the County with respect to evaluating audit findings of this Contract. 7.3 FOTR will be responsible for the reimbursement of any funds required to be returned to the USEPA due to FOTR actions or omissions, as determined by audit findings and hold the County harmless from any repayment therefrom. 5 9.1 No failure by a party to insist upon the strict performance of any term of this Contract 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 Contract, but every term of this Contract remains effective with respect to any other existing or subsequent breach. ARTICLE X. TERMINATION. 10.1 This Contract 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. 10.2 The County for its convenience may terminate this Contract in whole or in part in writing. FOTR 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. 10.3 This Contract may be terminated in whole or in part in writing by FOTR 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 FOTR prior to termination. 10.4 If termination for convenience is effected by the County or FOTR, an equitable adjustment in the Contract price will be made. The equitable adjustment for any termination will provide for payment to FOTR for services rendered and expenses incurred prior to termination. Equitable adjustment also will include termination settlement costs reasonably incurred by FOTR and approved by the County, relating to personnel hired specifically for activities related to this Contract, provided such costs are eligible and allowable under the terms of the USEPA Grant. 10.5 Upon receipt of a termination notice pursuant paragraphs 10.2 or 10.3, above, FOTR 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 FOTR in performing this Contract, whether completed or in process. 10.6 Upon termination pursuant to paragraphs 10.2 or 10.3, above, the County may take over the work and prosecute the same to completion by Contract with another party or otherwise. 10.7 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. 7 ARTICLE XI. LIABILITY. 11.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of FOTR will be the sole responsibility of FOTR and not the responsibility of the County. 11.2 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 FOTR. 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 XII. INDEMNIFICATION. 12.1 To the extent as permissible under Michigan law, FOTR 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 FOTR, its personnel, employees, agents, or subcontractors, in the performance of this Contract. 12.2 To the extent as permissible under Michigan law, the County will indemnify, defend, and save harmless the FOTR, 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 FOTR, 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 Contract. 12.3 The provisions of Article XII shall survive the expiration or any termination of this Contract for a period of three (3) years. 12.4 Notwithstanding any other provision in this Contract, no provision in this Contract is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County and/or County's agents, employees, representatives as provided by applicable statutes and/or court decisions. ARTICLE XIII. INSURANCE. 13.1 The FOTR shall purchase and, to the extent permissible by law, have the County of Oakland and the County of Wayne, their respective officers, commission, boards, and employees named as additional parties insured under the policy or 8 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 FOTR, by any subcontractor, or by anyone directly or indirectly employed by the FOTR, or by anyone for whose acts any of them may be liable. 13.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of Wayne of the project services, FOTR 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 One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each twelve (12) month period. FOTR 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. 13.3 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 FOTR 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: 13.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 13.3.2 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 Five Hundred Thousand ($500,000) dollars for each incident. 13.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the FOTR 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 $ 1,000,000 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 per occurrence and $ 1,000,000 annual aggregate. 13.3.4 Contractual Liability Insurance for claims for damages that may arise from the FOTR contract under Article XII concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Contract, to the extent that such 9 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 subparagaphs 13.2 and 13.3.3, above. 13.3.5 Comprehensive Automobile Liability coverage, including coverage for an owned, hired, and non-owned vehicles with coverage of One Million ($1,000,000) dollars per occurrence for bodily injury and property damage combined. 13.3.6 Comprehensive Automobile 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 $ 1,000,000 single limit of liability. 13.4 Certificates of insurance or self-insurance shall be provided to the County prior to commencing Project Services under this Contract. 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. 13.5 The County and FOTR 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. 13.6 Compliance by FOTR with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve FOTR of its liabilities and obligations under this Contract. 13.7 The provisions of this Article shall survive the expiration of any termination of this Contract for a period of three (3) years. ARTICLE XIV. NON-DISCRIMINATION. 14.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, FOTR 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; B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); 1 0 D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 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 of 1976 (P.A. 453) and the Michigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 14.2 FOTR agrees that it will not discriminated 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. 14.3 If applicable, FOTR further agrees that it will require each contractor performing services under this Contract to agree to the provisions of this Article. 14.4 If applicable, FOTR is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE XV. FOTR AGENTS AND COOPERATION WITH THE COUNTY. The FOTR agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all FOTR Agents fully cooperate with County Agents in the performance of all Services under this Contract. 15.1 The FOTR agrees that it shall be solely and completely liable for any and all FOTR Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any FOTR Agent's employment status or any alleged violation of any FOTR Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the FOTR. The FOTR agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any FOTR Agent and/or which are based upon, result from, or arise from, or are in any way related to any FOTR Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 1 1 15.2 The FOTR agrees that no FOTR Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any FOTR Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. ARTICLE XVI. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the FOTR shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. ARTICLE XVII. GOVERNING LAW. This Contract is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non-possessive shall be deemed to include the other whenever the contest so suggests or requires. ARTICLE XVIII. CAPTIONS AND VALIDITY. 18.1 The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. 18.2 If any provision of this contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, 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 alter the contract or make execution impractical. ARTICLE XIII. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. 12 ARTICLE XIV. ENTIRE CONTRACT. This Contract sets forth the entire agreement between the County and the FOTR and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the FOTR in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, of the FRIENDS OF THE ROUGE, hereby acknowledges that he has been authorized to execute this Contract on behalf of the FOTR and hereby accepts and binds the FOTR to the terms and conditions of this Contract. FRIENDS OF THE ROUGE, a Michiga op-profit Corporation, By: / --> Its: 4._ /7 c..K.1:1<t) /Zs' DATE: ‘, (;) 0 WITNESSED: DATE: 13 DATE: IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain Commissioner, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTE George W!Kuhn Oakland County Drain Commissioner WITNESSED: G. William Caddell, County of Oakland Clerk/Register of Deeds DATE: S— 7 -06) 14 EXHIBIT A ROUGE RIVER STORM WATER MANAGEMENT PROJECTS ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND THIS AGREEMENT is entered into this . day of between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the County of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and through its Drain Commissioner (hereinafter referred to as "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 parry 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, implementing the National Pollutant Discharge Elimination System (NPDES) General Wastewater Discharge Permit for Storm Water Discharges d -om Separa:e Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by The Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. 2.1 WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Storm Water General Permit .4ctivities set forth in this Agreement would further the goals of the Grant. NOW, THEREFORE, IN CONSIDERATION OF THE NILITUAL COVENANTS CONTAINED }-MREN, the parties hereby agree asfollows: 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 in Attachment "A" specify the performance of the work as anticipated at the time the contract is signed. 1.3 The Entity agates to submit a Final Project Summary Report at the project end to assist the County in the zant close-out process. The Final Project Summary Report should generally be 4-10 pages in length and should include: - - A. A summarized clear description of the project. In addition to the project description,-' the report should include the following: project objectives ., major elements of the project; project highlights; project products completed (project products are listed in Attachment "A"); and project hig'nlizhts. Comments on how the completion of this project benefited or is projected to improve the R01.1(2e River. - - C. 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 pl'oject. Comments on how the results of this project are transferable to other communities or agencies. E. List of all task products completed. The List should include the official name of the products. ARTICLE II SCELEDITLE OF WORK The Time Frame for the project milestones completion is contained in Attachment "A". ARTICLE DI FLNAYCIAL PROVISIONS AND BUDGET 3 I The detailed budget is contained in Attachmalt "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°,4 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. 3.2 The County will provide from the Grant 50.22 percent of approved, allowed, and elistible costs for activities outlined in Attachment "A", The total amount to be reimbursed to the Entity shall not exceed $408,000. The Entity shall provide a minimum matching of costs of $404,337 or 49.73 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 End!, as idehtified in Attachinent '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 documentaEon of the final project cost by the County. the remaining 10 percent of the federal funds will-be reimbursed to the Entity. 3.4 BUDGET The budget for this project is listed in Attachment "A 3.3.1 The total budget will be sub-categor'zt.d 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 necessir: and cost). H. Direct charges from others (a=ach copy of invoice). I. Indirect costs (specifying nature of necessity and cost). J. Total amount requested. ARTICLE IV CONTRACT AD:NIDISTRATION AND PAY:NJ:ENT ' it, 4.1 Tnis A -eernent will be administered on a cm. :-eirnbizsernent basis. The Entity shall st±mit 3 , i r. u Iirj" to the County project status reports and invoices 4.2 All reports and invoices shall be submitted after each quarter end date. Reimbursements submission. on standard forms provided by the County. at least quarterly, no more than forty (40) days shall not be allowed without a status report 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. 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. r. Documentation of all contractor costs. 4.5 The invoices must be certified for completeness and correctness by an appropriate Entity 4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the LISEPA. 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 e4bie and ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format to be established by the County. 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 prouess, responding to subcontractor or citizen complaints, coordinating between different subcontracts, and overseeing, subcontractor's compliance with the aperoved project plans and specifications. These activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R. 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to to I \., the Director of Watershed Management Division, Department of Environment, Wayne County, care • . of Mr. Razik Alsaigh, Rouge Program Office. 220 Bagley Suite 920, Detroit Michigan 43226. 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_ _ 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 USEPA. 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 Areement or any lower tier subareement 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. Par. 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 "13'. The June 16, 1998 correction letter of the rant 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: 0 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 LNTIENINEFICATION 10 1 To the extent as permissible under Michigan law, 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 To the extent as permissible under Michigan law, 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 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 Aueement for a period of three (3) years. 10.4 Notwithstanding any other provision in this Agreement, no provision in this Azeement is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County or Entity. and/or Counts or Entity's agents, employees, representatives as provided by applicable statutes and/or court decisions. ARTICLE XI INSURANCE 11.1 Unless the Enity is self-insured, 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 resuir from the project services, whether such services be by the Entity, by any subcontractor, or by anyone direct::: 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 nai 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 cut of an error, 8 omission, or negligent act in the performance of professional services, with limits of One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each twelve (12) month period. The Entity auees 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 aner 3na1 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 cf 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 Esease, 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 Five, Hundred Thousand .550(2.200) 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 $ 1,000,000 annual agm -egate and property damage limits of not less than $500,000 per occurrence or combined bodily injury:properry damage limits of not less than $750,000 per occurrence and $ 1,000,000 annual aggregate.. 11.3.4 Contractual Liability Insurance for claims for damages :hat may arise :7om the Entity 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 subparagaphs 11.2 and 11.3.3, above. 11.3.5 Comprehensive Automobile Liability coverage. including coverage for a owned, hired, and non-owned vehicles with coverage of One Million (S1.000,000) dollars per occurrence for bodily injury and property damage combined. 11.3.6 Comprehensive Automobile Insurance recuired by law for claims arising from ownership, maintenance, or use of any motor vehicle owned or non-owned, County. or for-hire vehicles, with $ 1,000,000 single limit of liability. 9 11.4 Certificates of insurance or self-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-DISCRBILNATION 12.1 In accordance with the United States Constitution and all federal leslation and regulations governing fair employment practices and equal employment opportunity. the Entity shall comply with: A. Titles VI and WI of the Civil Rights Act of 1964 (P.L. 88-352, 73 Stat. 252) and the United States Department of Justice regulations (28 C.F.R. Part 52) issued pursuant to Titles VI and WI; Environmental Protection Agency reg.7...ilations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and its associated regulations; and F. The Ntichigan Constitution and all state laws and reg;ulations governing fair employment practices and equal employment opportunity, iricluding but not limited to the Nlichigan Civil Rights Act of 1976 (P.A. 453) and the Nlichigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 10 [2.2 The Entity agrees that it will not discriminated 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. [2.3 The Entity further ogees 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 XJ1I 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 invLid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially 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 se: forth herein. 15.3 No rights or remedies are or will be acquired, by either parry by implication or otherwise unless set forth herein. 11 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, sp..ecifications, 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 50. 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 YEAR 2000 COMPLIANCE 17.1 The following, terms, when used in this Article, are understood by the parties to be defined as in subparagraphs (a) through (f) of this Paragraph_ (a) Certification: the act of providing, written testimony of qualification of a process and/ or product as pertains to Year 2000 Compliance, including identification and documentation of all formats of Daze Processing, and Date Exchange, which formats may include International Standards Organization (ISO) standards and other, generally accepted, doc=ented methods of daze representation. - (b) Date Exchange: the interchange of date data between two or more systems or system elements. (c) Date Processing: the handling of date data within a system or system element. (d) Information Products: products and / or services involving or including, but not limited to hardware, software, firmware, rniddleware and embedded systems including but not Limited to Electronic Data Interface (EDT) and other interfaces for the exchange of data, v.--_-ether acting, alone or combined as a system. (e) Year 2000 Compliant: the quality of a system to provide all of the following functions: (i) flawless handling of date information, via US stand2rds, before, during., and after January 1, 2000, including but not limited to accepting date input, providing date output, executina single-century formulas. executing muifi- 12 century formulas and performing calculations on any and all dates and / or portions thereof, specifically including but not limited to dates in the year 1999 and all subsequent years; (ii) accurate operation, without interruption, before, during, and after January 1, 2000, without any change in operations associated with the advent of the new century, including but not limited to leap-year calculations; (iii) proper response to two-dit year-date input such that a system or system element resolves any ambiguity regarding century in a disclosed, defined and predetermined manner; (iv) storage and output of all date information in ways that are unambizeous as to century; and (v) interaction with other systems or system elements whereby date data is _ _ exchanged accurately, without exception, and whereby no data is corrupted by the interaction, whether or not the data be date-related, and whereby the co-operation does not otherwise adversely affect the performance of any system, system element or system component. (f) Non-Year 2000 Compliant: any system which is not Year 2000 Compliant. 17.2 Notwithstanding any provision elsewhere contained in this Agreement, the Entity expressly represents and warrants that all Information Products supplied to the County under this Agreement are fully Year 2000 Compliant according to the definitions and standards herein contained. 17:3 The Entity expressly warrants that all Information Products which the Entity will acquire under this Agreement are Year 2000 Compliant such that any other Information Products, when used in combination with the Information Products which the Entity i.vill acquire hereunder, will properly execute all Dare Exchange and Date Processing functions, whether the other Information Products were written, manufactured, produced or performed by the Entity or by a third party. 17.4 The Entity agrees that it shall accomplish and document all modifications necessary to ensure that all Information Products previously provided or to be provided or maintained by the Entity in the future under this Agreement are or will be Year 2000 Compliant, as herein defined. 17.5 The Entity warrants that if it uses Informa6on Products to perform any service under this Az-eement, all such Information Products will be Year 2000 Compliant as defined herein. E in the course of performing its obligations under this Azreement. the Entity uses specific Information Products in collaboration with one another such that a system is created, then the warranty of this Paragraph shall apply to the system as well as to the specific Information Products. 17.6 The Entity warrants that if it provides an electronic data interface or any other interfaces to be used in the exchange of data between the County and the Entity for the purpose of mor.itoring, updating, billing, ordering, or similar purposes, such interfaces are fully Year 2000 Compiiant. 13 17.7 The Entity agrees that upon any request by the County, the Entity will Perform comprehensive testing necessary to demonstrate that all Information Products provided or used under this Agreement are Year 2000 Compliant, and the Entity will furnish the County with any requested Certification, as herein defined, along with supporting documentation. The Entity agrees that the County may request and receive other forms of verification that Information Products are Year 2000 Compliant, including, but not limited to, witness testing, and audit testing. Nothing in this Paragraph shall be construed, interpreted or understood to in any way alter, affect or modify the meanings or significance of any of the other provisions contained herein. 17.8 The Entity agrees that it will promptly remedy any breach of any warranty contained in the foregoing Paragraphs (2) through (7) at no additional charge to the County. Remedy of a breach may be through the correction, upgrade or replacement of any Non-Year 2000 Compliant Information Eroducts provided or used by the Entity under this Agreement with functionally equivalent Information Products which are Year 2000 Compliant. IZ after its best efforts, the Entity is unable to accomplish the correction or replacement of the Non-Year 2000 Compliant Information Products within 45 days of notification by the County of the failure of the Information Products to attain Year 2000 Compliance the Entity agrees that it will refund to the County any amounts paid by the County for the Information Products provided or used, and unexceptionally indemnify and hold the County harmless Erom and against anY andall liability -, loss or expens,- including, reasonable attorney's fees, incurred in connection with Non-Year 2000 Compliant Information Products. Nothing, in this Paragraph 17-8 shall be construed to limit any rights or remedies otherwise available under this .Agreement with respect to defects other than Year 2000 Non- Compliance. 17.9 This Agreement supersedes all previous agreements between the Entity and the County which regard Year 2000 Compliance. Except as exoressly modified_ the terms and conditions of the original agreements will remain in full force and effect. The foregoing, Year 2000 provisions constitute the entire accord berween the parties as regards Yea: 2000 Compliance for this Agreement. These provisions shall survive terinination or expiradon of this Agreement. 17.10 Notwithstanding any provision elsewhere contained in this Agreement, the Year 2000 provisions contained in this Article, shall only apply to Information Products supplied to County, and/or acquired by Entity pursuant to this Agreement. ARTICLE XIILI1 KRISDICTION AND GOVERN -LNG LAW 18.1 This Agreement, and all actions arising .from it. must be governed by, subject to. and construed according to the law of the State of NEL:I-Lan. .. .' ARTICLE XLX EFFECTIVE DATES 19.1 This .-kzeement becomes effective inunediately upon signing by both parties and shall allow for billing all costs incurred from June 30, 1999. This Agreement, unless extended by mutu al written agreement, expires on May 30, 2001. Should the LISEPA require reimbursement by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible for any such reimbursement. ARTICLE XX PARTY REPRESENTATIVES 20.1 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 the Oakland County Drain Commissioner. Either parzy 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, MICHIGAN By: GEORGE W KUI-LN Its: Drain Commissioner Bv: JOHN P. MCCULLOCH Its: Chairman, Board of Commissioners 15 TASK DESCRIPTI HEDULE PRODUCTS .4..VD PROGRESS REFORM; ATTACHMENT "A" to INTERAGENCY AGREEMENT between WAYNE COUNTY AND THE OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE for STORM WATER GENERAL PERMIT ACTIVITIES The Oakland County Drain Commissioner Office (OCDC) was issued Certificate of Coverage No. MIG610042 on September 7, 1999 from the Nfichizan Department of Environmental Quality for voluntary coverage under the NPDES Storm Water General Permit NIIG610000 (General Permit). The General Permit expires April 1, 2003. Also, several communities in the Main 1-2 and the Middle subwatersheds have received Storm Water General Permits. Under these Certificates of Coverage, the Oakland County Drain Commissioner's Office proposes to perform the following activities with support from a grant through Rouge River National Wet Weather Demonst-ation Project: I. Illicit Discharge Elimination Pro_gram Implement those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan as submitted with the Main 1-2 subwatershed communities/agencies applications for coverage under the General Permit. '") Public Education Program Implement those elements described herein as Task Products of the Public Education Pro=-arn, :hat support the Public' Education Plan as submit -fed with the Main 1-2 and Middle I subwatersheds communities/agencies applications for coverage under the General Permit. 3. Subwatershed Management Planning Participate in the Main 1-2 Subwatershed Advisory Group and in development of the Main 1-2 Subwatershed Management Plan. 1. Illicit Discharge Elimination Program Task Description: Implementation of those elements described herein as Task Products of:he Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan (EDEP) that is included in the OCDC and Main 1-2 subwatershed communities General 1 Under this inter-agency agreement, the Oakland County Drain Commissioner's Office will per-form IDEP activities for one or more of the following communities in the Main 1-2 Subwatershed: -Auburn Hills -Beverly Ells -Bingham Farms -Bloomfield Hills -Bloomfield Township -Farmington Hills -Franklin -Lathrup Village -Pontiac -Southfield -Southfield Township -West Bloomfield Twp. -Birmingham -Rochester Hills -Troy 'Oak Park The following activities will be performed by the Oakland County Drain Commissioner's Office on behalf of the communities listed above. These activities will be funded by the budget identified in this inter-agency agreement: Complete review of existing documentation and develop prioritized list of illicit connection detection activities. Develop complaint form to identif.c: details of complaint, corrective action(s) and date of corrective action. -- Visually screen all of the storm sewer ott -falls to the Rouge River that are under the control of each municipality. Map the locations of screened storm water outfalls on community storm sewers maps. Develop prioritized list for follow up and perform additional testing for outfalls that had a suspicious dry weather flow during the visual screening .. Perform follow up to find the source of suspicious discharges through use of visual inspection and/or testing of discharges within the storm drainage system upstream of the site of the suspicious discharge. Other options that will be considered to find an illicit connection or discharge are televising, the sewer or dye testing premises in the proximity of the discharge.- • - If an illicit discharge is suspected, the OCDC shall send letters to the local municipality alerting them to the problem that is under investigation and to solicit their assistance in finding the source. First year Report (due July 1, 2000) and Final Project Summary Report (referenced in Article 1.3 of the IAA, due at the end of the project, March 31, 2001). These reports should summarize: (1) The status of all task activities indicated above, (2) The status of the activities performed under the 11/19/98 inter-agency azTement, (3) The following activities will be performed by municipalities, using funds other than those identified in this inter-agency agreement: Review legal basis for correcting illicit discharges and develop revisions, as needed (All). Prepare ordinance and present to local legislative body, if necessary; (All) 3 Follow up on overflows of sanitary sewer manholes or cross connections to storm sewers system, if detected, and develop a plan to solve the problem(s); (Al!) The sanitary sewer system will be reviewed to determine areas of the community that do not have sanitary sewers available. Cost estimates will be prepared to determine the feasibility of extending sanitary sewers to those areas; (All) Examine files of water and sewer customers to determine if any properties are not being served by a sanitary sewer (Auburn Hills, Pontiac); Examine maps to determine precise number and location of storm drainage structures located in the Rouge Watershed (Auburn Hills); Visually inspect each manhole and catch basin twice at different times of the day (Auburn Hills); Develop sanitary sewer master plan (Farmington Hills); Develop and implement systematic method of identifying storm sewer storm sewer outfalls as a result of new construction (Farmington Hills); Develop map of storm sewer systems (Bloomfield Twp.); Verify storm sewer catchments and identify sewer ownership (Bloomfield - Twp., Southfield); Monitor new construction and identify additional storm sewer outfalls (Bloomfield Twp., Southfield); and Provide distance of sanitary sewers that have been televised (Bloomfield Twp., Southfield): Any changes to the illicit discharge elimination program and the task products indicated above must be approved in writing by Wayne County. 7. Public Education Program Task Description: Implementation of those elements described herein as Task Products of the Public Education Program, that support the Public Education Plan that is included in the OCDC Application dated January 26, 1999 as Attachment 7 and the Public Education Plans for the Mddle 1 and Main 1-2 subwatershed communities. A copy of the Public Education Plan in the OCDC Application is attached to this IAA. Task Schedule: This task will ben June 30, 1999 and continue until March 31. 2001 Task Progress Reporting: Reports will be sent to the RPO quarterly documenting progress and achievements including copies of reports required in the Applications. The progress reports will be provided in accordance with guidelines developed by the RPO. 4 George W. Kuhn Oakland Counry Drain Commissioner January 26, 1999 Lwpd 1 1 1 ILLICIT DISCHARGE ELIMINATION PLAN FOR OAKLAND COUNTY Submitted by: George Kuhn, Drain Commissioner OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDNG 95 WEST WATERFORD, MI 48328-1909 PH: (248)858-0958 FAX: (248)858-1066 1.0 ENTRODUCTION This document details an illicit discharge elimination plan for all Departments of Oakland County within the Rouge River Watershed. The Oakland County Drain Commissioner's office (OCDC) is - the lead applicant with support from other departments. 'The Oakland County portion of the Rouge Watershed has been further subdivided into three subwatersheds, the Main 1/2, the Upper and the Middle 1. The OCDC will coordinate the work with the three Storm Water Advisory Groups (SWAGS), .the multiple municipal interests, the Rouge Remedial Action Plan Advisory Council (RRAC) and other Oakland County Departments to assure an effective effort. The Oakland County communities within the Rouge watershed include: • •Auburn Hills *Beverly Hills •Bingham Farms *Birmingham • Bloomfield Hills •Bloomfield Twp. •Commerce Twp. •Farmington •Farmington Hills •Franklin •Lathrup Village •Lyon Twp • •Novi *Novi Twp. *Oak Park ' •Pontiac . *Rochester Hills • Southfield •Southfield Twp. •Troy 'Walled Lake • West Bloomfield Twp. • Wixom ;ZA.. • In 1987, the United States Environmental Protection Agency (USEPA) required Phase I storm water NPDES permits for municipal separate storm sewer systems for cities with population over 100,000, George W. Kalln Oakland County Drain Commissioner January 25. 1999 Loaklandictragecoavnaep 3 departments will be detailed in the Oakland County Storm Water Pollution Prevention Initiative. Once illicit discharges are identified, the type of remedial action required is dependent on the jurisdiction in which the guilty facility falls. The institutional arrangements to address the problena areas will vary from subwatershed to subwatershed and, in fact, may vary within the subwatershed. Illicit discharges are governed by a combination of state, county and local ordinances. The OCDC as the permit applicant will monitor the entire drainage system currently under the jurisdiction of Oakland County including county drains and county road drainage. As areas are identified as being impacted by illicit discharges, the IvIDEQ and the contributing local unit of government will be notified. The success or failure of the removal process will be monitiored by the OCDC. The actual illicit connectiOn removal will remain the responsibility of the local unit of government. Some communities have chosen to contract with the OCDC to pursue illicit connections upstream of the county drainage system. In these communities, the OCDC will accept the responsibility of identifying the individual cross connection. In these cases, the actual removal will be coordinated through the local municipality, the County Health Division and/or the Prosecutor's office. The final enforcement vehicle will be detailed as part of the Oakland County Storm Water Pollution Prevention Initiative. Gccrge W. Kuhn Oaidand Counry Drain Commissioner Jammry Z6, 1999 I: cacirtddrai ocamoidep..* .1 2.0 ILLICIT DISCHARGE ELLNIDIATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Provram represents the long term program to which Oakland County can commit for both current and future NPDES requirements. As storm water travels downhill it not only transports pollutants but it also passes through multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sources of those problems but must also identify the entity responsible for the elimination of the pollutants source. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that efficiency is maintained, one unit of government must take the lead. In Oakland County, the OCDC has been charged with this leadership role. The Oakland County Board of Commissioners established a study group consisting of multiple county departments to provide guidance to the OCDC. The OCDC will continue to report to the study group, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very little useful information. In an effort to eliminate the shortcomings of the Phase I storm water permitting process, the OCDC will focus their efforts on those areas which suggest that the watei Tillity is degraded and that the cause for degradation is =known. As these problem areas are identified, the OCDC will work upstream to pinpoint the likely entry of the pollutant. 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinator to oversee and to be responsible for compliance with the requirements of the General Permit. Initially Phillip Sanzica, P.E. will serve as the Environmental Coordinator. In the event this responsibility is transferred to another George W. Kuhn Oakland County Drain Commissioner January 26. 1999 I. oairJ and/drai ncterwl deporpd 5 individual, the Michigan Department of Environmental Quality (M.DEQ) will be notified in writi ng. Existing in Stream Water Oualitv Data The Rouge Program Office (RPO) has initiated a long term, instream monitoring program Which documents the water quality of the Rouge River under a variety of flow conditions.. It is anticipated that the RPO and/or the MDEQ will maintain this monitoring program to measure the success of the multiple water quality programs currently underway. This data will represent the benchmark data from which the field investigations will be designed. 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 (RRNWWDP) and information available through the Oakland County Health Division. This water quality data will be screened for consistently high concentrations of bacteria_ Bacteria is the most obvious indicator of sanitary discharges into the river. There are also areas where there is little or no benthic life present This would indicate pollutant sources other than sanitary sewage but may also suggest an illicit discharge. Once an area of the river has been identified as having known contamination, the area will be targeted for future prioritization analysis which will ultimately determine which areas will require additional field activities. 2.3 Complaint Line The OCDC maintains a 24 hour, 7 days a week complaint line. This operation has historically focused on. flooding issues. As part of the General Permit effort., the personnel responding to citizens complaints will receive training on how to properly respond to pollution complaints. This effort coupled with an expanded public education effort will allow the public to become the "eyes and ears" to help identify pollutant sources. 1 .1 El To tailor the complaint receipt and documentation effort, local government field deparznents such as the Department of Public Works (DPW) will be interviewed to inquire about any complaints received from the public or unusual observations of the river or storm outfalls. In addition, enforcement agencies such as the NEDEQ, Oakland County Health Division and/or the Oakland County Prosecutor's office will also be interviewed to determine if any documentation may exist on occurrences which would be indicative of an illicit discharge. The information collected during these interviews wiLl be used in prioritizing areas of the river for field investigations. 2.4 Reconnaissance Survey , The OCDC maintains an ongoing reconnaissance survey to establish the condition of their drains.. Similarly, the Road Commission for Oakland County (RCOC) regularly surveys their drainage — -system- . Once again, this effort has traditionally focused on drainage and flooding issues. As pa 1rt of the General Permit effort, these inspectors will be given specific training to aid in the detection of illicit discharges. In addition to these general surveys, a one-time specific reconnaissance surve5r - 1 ...) of the outfalls and major discharge points to the river will be performed to locate any dry weather discharges. These dry weather discharge locations may be indicative of illicit connections. The ODC has identified the location of the drainage systems under their jurisdiction and the poiht of discharge for each. The OCDC will work with the kCOC to assemble similar information pertaining to the road drainage system. When the discharge is to a drainage systems owned and maintained by yet another, non-county entity, this third entity will be identified and notified. The information collected under this activity will be of sufficient detail for its inclusion in the Oakland County Geographic Information System (GIS). 2. As part of their search for illicit drain connections, all outfalls (aboveground discharge. \ points)- leaving any county jurisdiction shall be visually inspected during dry weather \ periods to identify obvious sips of cross connections. These will include indications of George W. Kuhn Oakland County Drain Commissioner January 26, 1999 i:0.14wuciraucoao deg wpd 6 George W. Kuhn Oakland County Drain Commissioner January 26. 1999 oaklasdidni ocordidop...pd 7 persistentwi fluids, gross solids, discolorations and odors. Ten percent of those outfallsth dry weather discharges will be tested for the presence of E. coll. As experience is gained on this program, the percentage of outfalls to be analyzed may vary. 3. Locations identified by visual screening, complaints and water quality data that require follow-up, will be prioritized and re-visited during dry weather periods. Those that are suspected of discharging polluting material during dry weather periods will be tested based on water quality problems found in the river. Assistance in sample collection and testing may be requested of the Oakland County Health Division (OCHD) and the Michigan Department of Environmental Quality (MDEQ) when a signicant pollutant or complex problem is found. 4. Permit engineers, inspectors and maintenance workers and administrators from the OCDC will receive training to help them identify possible illicit discharges and how to report them. Personnel to receive training will include all superintendents, forepeople, crew leaders, survey crews and mowing crews. Potential illicit discharges will be reported to the Environmental Coordinator. 2.5 Support of Local Communities The OCDC will continue to work with the Main 1-2, Upper and Middle 1 SWAGs, the RRAC and all participating communities to develop watershed management plans and non-duplicative Storm Water Pollution Prevention Initiatives. George W. K3lin Oakland County Drain Commissioner January 26. 1999 1.....Jumblctrainconvidep.wp4 8 3.0 ILLICIT DISCHARGES PRIORITIZATION In addition to the base program described in the previous section, a more intensive program will be required under the initial program. Because there has historically been little effort expended on identifying and eliminating illicit discharges, it is anticipated that during the initial permit program, the program will require an intensive effort. Thus, as the Base Program proceeds, several areas of the river will be selected for further investigation procedures. In addition, based on information collected -during the preliminary process, it may become evident that some areas of the river will need no further investigation. In these "dean" areas, only an ongoing review of the continuous water quality monitoring is required. Areas selected for further investigation will most likely contain storm outfalls from numerous drainage areas. Sources that are discharging sewage or other pollutants will be investigated in the following priority: 1. Areas in which in-steam water quality problems that have been confirmed by sampling will be identified. The Environmental Coordinator will determine if off site drainage is - contributing to water quality problems and will develop a plan for further investigation or correction. 2. Complaints related to the discharge of polluting materials will be investigated as they are reported by the county employees or the general public through the compliant system. 3. Tnose outfalls that are identified to have yielded the highest E. coli bacteria results will be reinvestigated by a visual inspection of the storm drainage system upstream of the outfall. In addition, water sampling and testing will be done as necessary to find the source of the illicit connection. 9 N 4. Suspicious discharge other than bacteria, will be prioritized based on the estimated impact on the river. George W. Kuhn Oakland County Drain Commissioner January 26. 1999 . 1: *Aland/demi lamina dsp. wpd 10 4.0 PLAN TO ELIMINATE ILLICIT DISCHARGE AND CONNECTION Once the areas are selected for field investigations, facilities within these areas will need to be prioritized for investigation. These facilities may consist of county facilities, industrial complexes, commercial facilities, residential neighborhoods, recreational areas, etc. A visual inspection of outfalls to County owned and maintained storm sewers that discharge into the Rouge -River will be performed during the period covered by this permit Suspicious discharges identified from available water sampling data, complaints and visual inspections will then be prioritized for sampling. Investigations will be made to locate the sources of pollutants or to find additional evidence of the origin. Those agencies responsible for transporting the illicit discharges will be notified and requested to correct the problem and monitor the discharge to assure correction is satisfactorily completed. 1. Whenipolentially illicit discharge is identified, the Environmental Coordinator will attempt to identify the ownership of the discharge point. If another jurisdiction is identified, a complaint will be forwarded to that jurisdiction in writing. If the discharge is from an individual home or business, the local municipality will be notified in writing. In the event the illicit discharge is suspected to be sanitary sewage, the O-CHD will also be notified. 2. The existing authority of the OCDC and the local municipalities will be used to address illicit discharge and connections. In the event inadequate progress is made, assistance may also be requested from the OCHD or the MDEQ to obtain correc tion. 3. If overflows of sanitary sewer manholes or cross connections to a storm sewer are detected, they will be reported to the local units of government for further action. George W. iCunn Oakland County Drain Commissioner January 26. 1999 L oak.1 andldruauguildcp.orpd George W. Kuhn Oaldand County Drain Commissioner January 26, 1999 Iloalrluadraisocodc..*71 II 4. After the County has been issued coverage under the general permit, th e standard construction specifications will be modified to require contractors to identify and report potential illicit connections as part of their permit requirements. The wording of the permit guidelines will be developed as part of the approved Oakland County Storm Water Pollution S. The OCDC commits to performing an illicit discharge survey at all Oakland County owned and-operated buildings, yards and maintenance facilities within the Rouge River Watershed.. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 1:e.JdandidniacoarAckp.wpd 12 5.0 PLAN TO MINIMIZE LNFILTRATION OF SEEPAGE FROM SANITARY SEWERS AND SEPTIC SYSTEMS INTO SEPARATE STORM WATER DRALNAGE SYSTEMS 1. The OCDC field personnel will receive training to identify areas where on-site sewage disposal system (OSDS) are suspected of having failed. This includes the identifications of bypass pipes (cheater pipes) and areas where the drain field has failed and sewage is leaching into open drains. Reports of these failures will be forwarded to the Environmental Coordinator for appropriate action. OSDS found to be experiencing problems or failing will be referred to the property owner and the Oakland County Health Division. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 1:asilaadidnuaconslidep.wpd 13 • 6.0 IMPLEMENTATION SCHEDULE Within twelve months of the issuance of the Certificate of Coverage the following will be done: 1. A plan and timetable will be prepared in cooperation with the other county departments to seek and find the sources of suspicious discharges that have been identified in association with storm water drainage from the county drains within the Rouge River Watershed. 2. A county-wide complaint system will be in place to log complaints and investigate them. 3. A visual screening of 20% of the outfall sewers within the Rouge Watershed will be completed. 4. Fermi. 't inspection and maintenance employees of the OCDC will have been inforniea aüt - the—ne—eirto find and eliminate illicit discharges and be informed as tO how the complaint system will be made available to them. 5. A list of illicit discharges and the .correctior.s status of each will be maintained by the Environmental Coordinator. 6. A procedure will be developed in cooperation with the OCED, the MDEQ and the Prosecutor's office to coordinate complaint responses and follow up. 7. An Oakland County, Rouge River Drainage map will be initiated to digitally indicate the ownership of the drainage courses. 14 Twelve to sixty months following the issuance of Certificate of coverage the following win b e accomplished: I. Visual screening of the remaining outfalls will be completed. 2. Suspicious outfalls that had a dry weather flow during visual screening will be tested for suspected pollutants. 3. The Oakland County/Rouge River Drainage Map will be completed and recorded in digital form in the Oakland County GIS. 1- George W. Kuhn Oakland County Drain Commissioner January 26. 1999 LoaldaadidraincomAdep.wpd 11 15 7.0 ANNUAL PROGRESS REPORTS At the end of the second year and every year ther=fter, the Environmental Coordinator will Prepare and submit to the MDEQ the following reports: 1. A summary report will be prepared listing the number of complaints received, investigated and the general results of the investigation along with any actions that were taken place to correct the problem. An index map will be included, to show the areas under investigation. • 2. A listing of the entities found to be improperly connected to the storm or sanitary sewer will be prepared and maintained by the OCDC. 3. A listing of on-site sewage systems found to be improperly functioning and actions taken to correct problems will be prepared and maintained by the ()CDC. 4. A list of outfalls and manholes tested and results of those tests will be prepared and included in the annual report George W. Kuhn Oakland County Drain Commissioner January 26,, 1999 buog.im.inr......Ad.9. repel George W. Kuhn Oakland County Drain Commissioner January 26, 1999 oald ancYdrai scrokiect 16 8.0 THE ROLE OF THE LOCAL UNIT OF GOVERNMENT While the OCDC has the legal authority to preclude pollutants from being discharged to their drainage ways, as a practical matter this is very difficult. There are very few entry points which represents the discharge of a single discharger. Thus, should the county choose to block off the ent ry point of contaminated flow, many law abiding customers would be impacted. For this reason, it is imperative to work cooperatively with the local units of governments and thereby facilitate the investigations of the upstream collection systems. Some communities will choose to manage their own collection system. In these cases, the OCDC will notify them of the suspected illicit connection as well as notifying the MDEQ. The community will then be left to their own devices to investigate, identify and remediate the illicit discharge. These communities would also likely have requested individual coverage under a General Permit and therefore would be managing their own illicit connection progam._ Other communities will choose to relegate their responsibility to the OCDC. In these cases, the communities would seek coverage under the General Permit but would also enter into an interagency agreement between the commulaity and the OCDC to grant the OCDC the authority to investigate illicit discharges within the cities collection system in return for a fee to be paid to the OCDC. 17 9.0 PREVENTION OF FUTURE ILLICIT DISCHARGES Once a thorough program of illicit discharges has been completed, an on-going effort will be initiated to prevent reoccurrence of these problems. The program will be divided into two categories, traditional illicit connections and failing septic fields. 9.1 Illicit Connection All new taps into a county owned and operated storm water collection system must certify that the --) connection is free from illicit discharges and must be approved by the permit engineer. The ( procedures required for this certification will be developed as part of the approved Oakland County • ,Ztorna Water Pollution Prevention Initiative. 9.2 Plan to Minimize o Sanitary S ewers and Septic Systems into Separate Storm Water Drainage System _ _ _ _ Any OSDS found to be failing and draining into a county right of way will be forwarded to the local community and the OCHD. Failures are expected to be identified as part of the OSDS evaluation program and in response to complaints. City policies and requirements for connection to sanitary sewers will remain the purview of local units of gove=aent and will be reviewed to provide incentives to connect to the sanitary sewer and/or to ease the financial burden of sewer connection.. The detailed site inspection will be left to the local municipality and/or the OCI-M. Geary,: Ku/m 0-akland Counry Drain Commission= January 25. 1999 George W. Kuhn Oakland County Drain Conunission= January 26, 1999 occonlidep. wpd 18 10.0 POST IMPROVEMENT WATER QUALITY EVALUATION Upon completion of the illicit connection elimination activities, water quality will be evaluated to document conditions of the water quality following the rernethation effort This water quality dat a is required in evaluating the effectiveness of the illicit connection elimination program. The Rpo and the OCDC will oversee the long term water quality sampling program. PUBLIC EDUCATION PLAN OAKLAND COUNTY SUBMill ED BY: GEORGE KUI-N, DRAIN COMMISSIORER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, MI 48328-1907 PH: (248) 858 -0958 FAX: (248) 858-1066 This pdrifit application is submitted by the Oakland County Drain Commissioner (0CDC) seeking coverage for all County owned and/or operated facilities within the Rouge River Watershed. The public education efforts will be carried out by a number of County departments but will be coordinated through the Drain Commissioners Office. These departments include but are not limited to: the Department of Facilities Maintenance and -OperatiorTs --(FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and the Parks and ReCreation Department (PRD). This Public Education Plan follows the format recommended by the Michigan Department of Environmental Quality (MDEQ) and includes the six major sections required in the Permit. A majority of the public education effort identified in the permit application is most appropriate to local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coordinAte with both the local cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. Encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into applicant's separate storm water drainage system. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 . wpkgrunawaiScangyzepublicad.w0 " lant.2r! Z5, 1999 Cc—sr: W. Kenn : Oaand County Drain Commissioner o (4Thc, 2.0 ILLICIT DISCHARGE ELBIINATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Program represents the long temn progarn to which Oakl and County can commit for both current and future NPDES require=encs. As storm water :ravels downhill it not only transports pollutants but it also passes through multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sources of those problems but must also identify the entity responsible for the elimination of the collutants source. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that eEciency is maintained, one unit of enve=ent must take the lead. In Oakland County, the OCDC has been charged with this leadership tole. The Oakland County Board of Commissioners established a study group consisting of mul tiple county depar=ents to provide guidance to the OCDC. The OCDC will continue to report to the sn:dy coup, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very Little useful information. In an effort to eliminate the shortcomings of the Phase I storm watfr permitting process, the OCDC will focus their efforts on those areas. which suggest that the water quality is degraded and that the cause for dezadation is =known. As these problem areas are identified, the OCDC wlii work upstearn to pinpoint the likely entry of the pollutant 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinator to oversee and to be resoonsible for compliance with the requirements of the C-eneal Permit. Init.:ally Phillip San7 4ca, P.E. will serve as the Environmental Coordinator. In the event this respor..sibiEry is transferred to another 5 opportunities, mechanisms and information for educating the public on thes e issues. The OCDC office will work with the PRD to obtain and distribute fact 1. sheets on fertilizer and pesticide application from the NfSU Extension Service,• SOCWA and the Rouge Program Office (R20). d. Public education concerning materials and procedures for residential car washing. Existing Effort: • None. - Future Effort: The OCDC will support local community efforts to modify residential car •washing practices. e. Public education concerning the ultimate discharge point and potential impacts from storm water_pollutants. Existing Effort: None. Future Effort: The OCDC and DCED vill distribute edi.x.ational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project. The FOTR coordinates four Rouge George W. Kuhn Oakland Counry Drain Commissioner January 26. 1999 vi0..u4secAcounrygp1p.N.cadorpd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 7 participates in the Middle 1 and the Upper Subwatersheds. To date, these groups have focused on the concerns of the municipal and County entities impacted by the storm water management requirements. As these responsibilities have become better defined, an outreach effort has been initiated. This effort has resulted in the participation of the FOTR, the Clinton River Watershed Councils, the SOCWA and the RRAC. Additional participation will be encouraged. It is anticipated that the Watershed Planning Public Participation process will also be a _ _ • forum for involving stakeholders in the development/modification of our community's public education plan. Oakland County is a stakeholder in this group but only a stakeholder. The County must look to the communities for leadership in addressing the neighborhood groups and the block clubs. This is where true public education can be effective. The County will be a full participant in this process. Revisions and input regarding the Public Education Plan are expected and welcome throughout the Watershed Plan development process. 3. PRIORITY CONCERNS TO BE ADDRESSED IN THE FIRST YEAR Based on comments received from stakeholders, the County will initially focus its first year of public education efforts on relatively simple concepts such as 'Watershed Awareness, "Storm Water Management' and °Our Actions Affect the River" targeted at home and business owners in Oakland County. Although the Rouge River passes through Oakland County, few people see it on a daily basis. Raising awareness about the connection of the Rouge River to our County with upsteam and downstream public access areas will be a priority. Educating County staff and fostering cooper-a:ion and partnerships with existing organizations, groups and agencies involved in educating the public regarding storm water management will also be a priority in the first year. Activity #1: Target Audience: Messages: Description: Timetable: Responsibility: Georg: W. Kuhn Oakland Counrf Crain Commissioner January 26, 1999 5. OTHER ORGANIZATIONS ASSISI-LNG WITH PUBLIC EDUCATION List the organization, the program assistance and the contact person. ORGANIZATION . PROGRAM 1 coN-rArr j Friends of the Rouge Rouge Education Project, Rouge Rescue, Tracy Cyr (FOTR) Rouge Stewards Progam Jim Graham Southeast Oakland Household Hazardous Waste Collection/ Lillian Dean County Water Authority Education, Yard Waste Management and Torn Waffen (SOCWA) Healthy Lawn and Garden Program Rliuge Program Office Rouge Friendly Business Program Karen Reaume (RPO) E. L. Johnson Nature Stewards of the Land E. L. Johnson Center Nature Center Oakland Schools ._ _ " If You Love This Earth" Lamoine Matz Science, Matharnatics & Dave Houzel Technology Center _ _6. SCHEDULE FOR PUBLIC EDUCATION PLAN nial..,EN:ETATION - YEAR 1 Based on comments received from stakeholders, Oakland County will encourage _ . participation in the following public education activities in this first year. Heighten Visibility & Promote School Water/Resource Monitoring. City Council, school officials, and all residents. Although water quality has improved, pollutants remain in the water Presentations to City Councils and School Boards encouraging participation in the Rouge Education Project. Contact teachers currently participating in Rouge Education Project Prior to presentations, press releases to heighten visibility. ..Coordinate presentations with OCDC staff, teachers and students. Ten presentations throughout perrait period. Oakland County Environmental Coordinator 9 . • Timetable: Responsibility: Timetable: Responsibility: George W. Kuhn Oakland County Drain Commissioner **32 7 Messages: Descrip tio n: Timetable: Responsibility: Activity #5: Target Audience: Messages: Description: Activity #6: Target Audience: Messages: Description: groups. "Dump no waste. Drains to Rouge River." Support FOTR prop-am that actively and systematically stencils storm drlins and shares information throughout the residential neighborhoods and commercial business areas of communities. Coordinate efforts between OCDC, FOTR and Oakland Schools. Immediately. Oakland County Environmental Coordinator Tributary Sigiage at County Road & River Crossings. Drivers, passengers and citizens. Connection to the river. You are in a Rouge River community. Signs will be placed. at roadway/river crossings identifying the Rouge River and its tributaries (e.g. "Creek Tributary of Rouge River"). Additionally, watershed/subwatershed boundaries will be identified (e.g. "Welcome to Rouge River Watershed", or "Entering Franklin Branch Watershed"). 10 signs to be installed during permit period. Oakland County Environmental Coordinator Co-sponsor Information Outreach Workshops. Community residents. Environmentally-friendly lawn & garden bare. Work with SOC WA, MSU Extension and FOTR. Three workshops will be held throughout the permit period to inform residents about healthy lawn and garden principles and practices. - The permit period. Public iaformation officer. January 26, 1999 IrpWraeniscelesunrygp*.bliced..9d 11 Responsibility: Public Information officer. 7. RELATIONSHIP TO WATERSHED MANAGEMENT PLANNING Based on initial discussions with fellow subl.vatershed communities, effective public education regarding storm water management will be a specific goal of the Watershed Management Plan_ The Public Education Plan as submitted with the permit application is recognized as simply the beginning and is therefore somewhat vague. With experience gained as Watershed Management progresses, appropriate modifications will be made to the Public Education Plan. 8. PLAN FOR EVALUATING IMPACTS The Public Education Plan will be evaluated based on progress made towards the objectives _ described above. We are coguizant of the public survey rierformed by the RPO in 1991 It is anticipated that through the Watershed Planning Public Participation process, we will be able to gauge our community's baseline awareness fTtorni water management - and - ..._ perception of the Rouge River. • During the Watershed Management Plan development process, the need to evaluate the success or impact of the Public Education Plan will be likely and will be discussed. Oakland County will participate in future surveys and/or studies to evaluate public education plan impacts with fellow subwatershed communities, the Friends of the Rouge, as well as other organizations and agencies involved in storm water management/watershed management educational efforts. Simple mechanisms for evaluating the impact of the individual public education activities *described above will also performed. Tracking the participation of the community schools, community groups, and individuals in 'existing Rouge River educational programs will be one method of evaluating impacts. It is anticipated that the evaluation methods and results Will be briefly described in the annual permit report. Georg: W. Kuhn . Oakland County Drain Conunts.sio•:r 31 o 2/ January 26. 1999 . 13 I. ASSISTANCE IC NC. X 4..-5743-Ce*3 EPA ASSISTANCE AGREEMENT / AMENDMENT PART I - ASSISTANCE NOTIFICATION INFORMATION ! 3. AGREEMENT TYPc Gaucomrsc,.. Anannombanif Aa.andalnarg P.Ec:P!ENT W,AYNE COUNTY - MICHIGAN 415 CLIFFORD DETROIT, MI 48225 12. CONSULTANT Corwl Co' Gramm coley) N/A C I T 7 1997 2.-.? 99.0PRIATIC1S ACT 104-294 1 st. i c...v......404..= i MI 1 MU LT IF- i E 1 25- BUDGET-PERIOD C6101/98 - 12/31 /CO 1 29. TOTAL PROJECT PERIOD COST 529.090,909 1 AMENDED T.:1y P'soc ROUGE RIVER WATERSHED 24. ASSISTANCE PROGRAM icroo. ?naval. Sc. /a 7:11a) 23. PROjECT LOCATION fAnaaa Inmsoctni Pnanmc:7 I County WAYNE. 25. PROJECT PERIOD 06/01/98 -12131/CC 27. COMMUNITY POPULATION (Ww-r Crarres 0 nryy FUNDS N/A FORMEF 123. TOTAL BUDGET PERIOD COS; AWA RD $20,cco, cc c $20.0R0,cCR F rrils ACTION 5.0CC.000 1:11. EPA ,..n.,..i.innOunt 17- 'Jrmcwo•onaco PrIof Year 344...now accr.c.oc Stetff Caertn bullon 14. Local .S....-errnocrtion C'JI F.w1 or al F, ,.ca It I arc, warm =omen n 17. OVIar COTX71:netien at O'rpreci Se Name 01) Cacument Cntral Number PWX010 U.S. ENVIFRCNMENTAL PROTECTION AGENCY 12 _7„,_:,.Pliqn t t 5 ,AWAFPcri A 14. mALOGILN:GMt,HaER I Aidi I IT I 5. PAYMENT METHOD I Adv.... aosnuounramonif I X pland Prearant Flaquara COMPTROLLER BRANCH, MF -10J 9. PAYEE WAYNE COUNTY - MICH:GAN 415 CUFFCFRO cE-7,-orr, MI 48226 10. REC/PlENT TYPE COUNTY CR PARISH I I EN NC. CONGRESSIONAL DISTRICT 208-8004895 ACH - 0512 7. TYPE GP ACTION ?CONTINUATION T l o 11. PROJECT MANAGER AND TELEPHONE NO. n R JAMES E MURRAY iG I I (313) 224716,31 1 13. ISSUING OFFICE (CITY/ STATE) US E.NVIRCNMENTAL PROTECTION AGENCY ACQUISITION-ASSISTANCE 5RANCH US EPA, REGION 5, MC-10J 77 'N JACKSON BLVD CHICAGO, IL 50604-35,sc 14. ERA PROJECT/ STATE n::::/CER AND TELEPHONE NO,; WOJCIK WAT7ER DIVISION WS-15.J. (312) 8E6-0174 lA 15. EPA CONGRESSIONAL LIAISON ;4 PHONE SAREAPA 5ROOKS, (202) 260-5660 7.17.1TORY AUTHORITY 16. STATE APRL ID N/A 20. REGULATORY AUTHCRMY 40 CPR PART:31 117. SCIENCE PIELL 113. PROJECT STEP (Yowl. Conscruu=lon Gra= Cnty) .. NA N/A I 21. SI=P 2-3 & S cP 3 (WW1' C.aeurcru=an Grant* Onnf) N/A c. irceonont ?mamma Slucce I a. Trearnnertt Leuma I h. P.ol.nct Typo 1ZZ. PRO.ECT TITLE AND DESCRIPTION ROUGE FIVER N CNALWEWE.ThE.R DEM(.3.NSTRA.774.0N 330 329.090.909 Ctiec I . 5:-..e/Projec Cast O e bligatiot n i -.d5 Crganizationi Dosiigaiar - n 1 1 41.11 1 r: 5,CCC.00.0 1 1 1 1 i 1 1 - Fr aud g et Prc.gr3mt trganizatiori Element 98 I E ../53CAA' 'S I geuacn Of e•Kno• •no :2?•A Goon., :f7VO.t.1..3.::. ono a. 411 of ...mon see oasokete. E?. Fon,. 47}3..z-j.% iPe.. S-42). L. 7 ASSISTANCF. ICE2"471FIC-VICN: X 99571.3-34-0 oaFrr ;II — AWAPC CCNCIT:CNS - Plçe 3 at 5 - TERMS AND CONDITIONS THIS AWARD IS IN RESPONSE 70 THE RECIPIENTS JUNE 3. 1997, APPLICATION. 1. RECYCLED PAPER Pursuant to EPA Order 1000.25, dated Januar/ 24, 1990, the recipient agrees to use ree -ycled 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 cn forms supplied by .EPA. This requirement applies even when the cost of rec./dec.,' paper is higher than that of virgin paper. 2. 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 that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit m‘iximum participation by SBFAs; 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 Minor' Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. "Requiring the contractor; if it awards subc ..--+.7acts, to ake the affirmative steos in subparacraphs a. through e. of this condition. 3. FAIR SHARE The recipient must ensure to the fullest extent possible that at least 8% (Equipment), 8% (Supplies) and 20% (Const-ucticn) of Federal funds for prime contracts or suifethtracts for supplies, construction, equipment or services are made avaiiabie to organizators owned or controlled by socially and economically disadvantaced individuals and historically black colleces and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% (Construc.ticn) of such funds are made available tc orcanizE....tons owned or corzciled by women. The recipient acrees, in the even: of any contracting, to inciute in its bid documents a 8% (Equipment), 8% (Supplies) arid 20% (Construction) MBE and 4% (Ec.:uipment), 4% (Supplies), and 8% (Construction) WEE "Fair Share" and require all of its prime contractors to include in their documents far subcontracts 8% (Equipment), 8% (Suppiies) and 20% (CcrstrL:ction) MEE and 4% (Equipment), 4% (Suppiies), and 8% (Construction) WE "Fair Share" percentages. The recipient also agrees to comply with the six affirmative steps of ::7e "Fair Share" policy stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate. 17010.;2• ,IART Ill — AWARD CONDI-ill:DNS ASSISTANCe ICENTIFICATICN: X 99571.1-14.4 •:`. Page ci 5 7 . " In the event race and/or gender neutral efforts Prove to be inadequate to achieve a fair Snare objective for MBEs1'Y/8Es, the recipient agrees to nott'y EPA in advance of any rice and/cr gender conscious action it plans to take to more closely achieve the fair share objectve. The State and/or recipient agrees to submit EPA Form 57O-SA "MEE./WEE Litilizatcn Under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to the EPA award official beginning with the Federal fiscal year quarter the recipien: awarc's its firs: contract and continuing until all contracts and subcortracts have been reported. These r=ocr.s must be submitted to the award official within 30 days of the end of the Federal fiscal quart=r (January 30, April 30, July 30 and October 30). 4. PUBLIC ACCOMMODATION The recipient agrees to ensure that all conference, rneetng, convention-or training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 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 US EPA approval for, further detailed Work plans for activities associated with these project groups. The recipient agrees that USEPA shall be provided with at feast 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. P age 5 of 5 : TYPED NAME AND TITLE / -6-, A/ (Air; 47i,€ 141,9 Y A/7 "v "---N! EZ-41... OAT ASSISTA.NCE IDENTIFICATION: X 995743;34—o SPECIAL CONDITIONS PART IV The Agreement must be completed in duplicate and the Original returned to the Grants Aominis-tration Division or Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weexs after receipt or within any extension of time as may be granted by EPA. Receipt crt a written refusal or failure to return the property 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 dy and through -the U.S.-Environmental Protection Agency (EPA), hereby offers NOTE: assistance/amendment to the WAYNE COUNTY - MICI-;IGAN for 55.00 x of all =proved RECIPF.:1 -017GANIzA costs incurred up to and not exceeding S 16.000.000 for the support of approved budget period effort cies=t7oed ASSISTANCE. AMOUNT in application (Including all application modifications) cited in ttem 22 of this Agreement ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION , included herein by reference. DATE AND TITLE - ISSUING OFFICE (Grants Acfininistratoce, Office) ORGANIZATION / ADDRESS ACOUISMON-ASSISTANCE BRANCH US EPA. REGION 5, MC-10J 77 W JACKSON BLVD AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS WATER DIVISION US EPA REGION 5, 5J 77 'N JACKSON BLVD THE UNITED STATES,OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY SIGNF TUTF AWAR4 i/f / / 14-1 TYPED NAME AND T:TLE JO LYNN TRAUB, DIRECTOR / /A/ WATER DIVISION. R.L--ON 5 This agreement is sóbject to app ?able U.S nvironmental Protection Agency statutory provisions and assistance reguticris. accepting this award or amendment and y payments made pursuant thereto, (1) the uncsersigne-1 represents that he is duly authorized to act on behalf of the recipient organi=tion, 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 ary found by EPA to have been overpaid will be refunded or credited in full to EPA. ; BY AND ON BEHALF OF THE DES:GNAT:1D RECIPIENT ORDANIZATION In j(ia 16 I238 C ,•••••• " 0 • • ' 4 , .;•••‘r, , b. 44;9 • ' I UNITED STATES ENVIRCNMENTAL PRCT'ECT1CN AGENCY r=iC...:iCN 5, :- 77 WEST JACKSONFCULEVAP.0 r. CHICAGO, IL 50604-3590 E=1.. 11-.E 17EN11 CN MC-105 Mr. Butler Benton. D ir =to r of Adminiszation Wayne County Department of Environment 415 Clifford Derroit. NLI 43226 Re: WBEIMBE Fair Share Goals De:: Mr. Benton: This letter will confirm our :eiennone call °flume 15. :998 reTardinz the correcrion cf the services goals of all of Wayne Counry Deparoment of Enyiron=.ent's proposed fair share for your assistance az:cements with the United States Environmental protection Azency (USEPA). As you :nay know, under USEPA's interim MBEWBE policy, these zoais =ay also be used. by local zovernment and non-profit recipients in your state in Lieu of ccnducdnz an independent behalf of-Re2ion-5, we_thank y-ou and your star_-' for their courtesy and cooperation this process. For FY98, ±e fair sill= coals for your as,..7iSlanCe azr.eements) will : SR.F Conszuction 20% MBE 10% WE Service 20% MBE 10% WBE F.quipment 3% NI:BE 4%W3 S upplies 3% MBE a'./0 W37 Althouza USEPA's final :v9E5v3E policy is sTill under conside.—ior..i. because of the Lini:ed Stares Sunrerne Court holding ;Ti v. Pena, it is possible USEFA rate era:: recipients may rec.uired to Perfcr— al.-nual availability analysis befbrta znt can be a.wazded. Simiiarly, the draft Final 7r .PT,L•17,/-BE G,,;daroe recui:es all to track their acc.u:sition of supplies. services. ecui ,ment and conszr.:c:ion by dernozrap:nic status of the cor.z-ac:or or vendor. 'We realize that the<e:equirerner....s may OiaCe addi:icnai burdens on your reso .Lrce.s and we L2i.ge yOu to plan for them in advance. Acccrdinz 7Z US ?A's Office of General Counsel, at least part of the exbense of pen:or:ling an analysis would be an aLicwabie expense un&-.- US7PA's Star,- Revolvina Fund and Superfund Recycseraftec•fc:aole • ?nntac 'vececazte ased Irms 50:Ptc-,caC Pacer ="7.-V-C.V.,'Staralt1 • USEPA's Grants Adminiszation Division and Office of Small and Disadvanta zcci Business Utilization are directin g the revisions to the NEBEIWBE polic y . It is their intention to promulgate formal MBE/WEE regulations applicable to all USEPA 7:12.rits. Since the y will affect your USEPA grants, we su g gest that you consider commenting on the proposed regulations during the rule making. process. If I can *be of any aSSISIZZCZ, please do not Hesitate :0 call. My direct dial number is (312) 353-5677. Sincerely, P1 / Robert 1.`RicEardson• Regional MBE/WEE Coordinator Robert Springer Assistant Reona.1 Administrator Lynn Donley Associate Regional Counsel rzEIS LETTER WAS :ALSO SENT TO THE FOLLOWING PERSONS: M. GAD E HuGiEs 5. HAMILTON P. LARSON- . NOV AK .01," • 'ke George W. Kuhn Oakland County Drain Commissioner January 26. 1999 wsAwarsherAsx.wygolpublicad.wpd 1 PUBLIC EDUCATION PLAN OAKLAND COUNTY •••n SUBMIlIhn BY: GEORGE KUHN, DRAIN COMIVIISSIGt\iER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, 1fl 48328-1907 PH: (248) 858-0958 FAX: (248) 858-1066 This perifit application is submitted by the Oakland County Drain Commissioner (OCDC) seeking coverage for all County owned and/or operated facilities within the Rouge River Watershed. The • public education efforts will be • carried out by a number of County departments but will be coordinated through the Drain Coniunissioners.Office. These departmentsinclude but are not limited to: the Department of Facilities Maintenance and Operations (FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and the Parks and Recreation Department (PRD). This Public Education Plan follows the format recommended by the Michigan Department of Environmental Quality (MDEQ) and includes the six major sections required in the Permit A • majority of the public education effort identified in the permit application is most appropriate to local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coordinate with both the local . . - cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. 'Encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into applicant's separate storm water drainage system. • George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wowsulh.hca.arytopublk.a.wpd 2 4 •1 I . 1 1 b. Education of the Public on the availability, l ocation and requirements of facilities for the disposal or drop-off of household hazirdous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, andmotor vehicle fluid s. c. Education of the Public regarding acceptable application and disposal of pesticides and fertilizers. _Education of the Public concerning preferred cleaning materials and procedures for residential car washing. e. Education of the Public concerning the ultimate discharge point and potential impacts from the separate storm water drainage-system serving their place of residence. _ f. Education of the Public about their responsibility and stewardship in their watershed. Education of the Public concerning management of riparian lands to protect water quality. Throughout the term of the permit it is anticipated that a combination of public information mechanisms will be used to inform. the Oakland County residents and businesses of their impact on water quality of the Rouge River. These mechanisms will include community newsletters; cable TV programs/ads; brochures/flyers in public facilities and public facility displays. g. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wo.wrsa.nr..c.nrizofualicod.wpd 4 Existing Efforts: Waste handling, collection and disposal has been the purview of the local municipalities for many years. The County retains the responsibility for planning and regulating some aspects of the industry. Drainage areas in which waste handling practices cause foreign materials to enter a County drainage network is an area where multiple agencies retain some responsibility. The OCDC will work with municipalities to assure that improper practices are discontinued. In - — addition, the Southeast Oakland County Water Authority (SOCWA) has been active in collecting household hazardous wastes and educating the Oakland County citizens on how to reduce and use these materials. Future Effort: The OCDC will work with the local coramiiiiitie.s-and SOCWA-to develop a--- -- coordinated watershed-wide effort Staff will also Work to identify potential information gaps (e.g: travel trailer sanitary wastes) and investigate opportunities, _ other mechanisms, and information for better promoting the water quality benefits' of properly handling and disposing of these materials. _Staff will also work with other Oakland County Departtnents to better coordinate, expand and improve their_ _ educational efforts in this regard. Public education concerning application and disposal of pesticides and fertilizers. Existing Effort: • None. Future Effort. The OCDC is aware of both the SOCWA Healthy Lawn and Garden Program, which addresses yard waste reduction and water quality protection, as well as the Friends of the Rouge (FOTR) efforts to curb the use of pesticides and fertilizers. Over the term of the permit and the watershed planning process, the OCDC staff will work with SOCWA and FOTR, as well as others, to identify and implement George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpWounitafa:unrygp1publiced.wpd 5 opportunities, mechanisms and information for educating the public on these issues. The OCDC oEce will work with the PRD to obtain and distribute fact sheets on fertilizer and pesticide application from the MSU Extension Servic je SOCWA and the Rouge Program Office (RPO). d. Public education concerning materials and procedures for residential car washing. • Existing Effort: None.• Future Effort: The OCDC will support local community efforts to modify residential car ,washing practices. e. Public education concerning the ultimate discharge point and potential impacts from storm wateuollutants. Existing Effort: _ None. _ _ _ Future Effort: The OCDC and DCED will distribute educational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project. The FOTR coordinates four Rouge July 20, ,2000 MISCELLANEOUS RESOLUTION #00172 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - CONTRACT FOR PUBLIC EDUCATION SERVICES - FRIENDS OF THE ROUGE. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution #00047 the Drain Commissioner was authorized to accept federal grant funding of $408,0.00 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit")issued to the County by the State of Michigan; and, WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities required by the Storm Water General Permit which will assist in restoring the water quality of the Rouge River; and WHEREAS, said grant, among other things, requires a 50% match in funds or in-kind services; and, WHEREAS, the Drain Commissioner has requested the assistance of the Friends of the Rouge ("FOTR"), a Michigan non-profit corporation, to provide public education services; and WHEREAS, the Drain Commissioner is prepared to provide a portion of USEPA Grant funding to the FOTR to provide public education services in accordance with the attached contract; and, WHEREAS, the portion of the USEPA Grant funding for public education services will not exceed $98,240.00; and, WHEREAS, FOTR, has agreed to match the USEPA grant funding of $98,240.00 and to provide public education services in accordance with the attached contract; and, NOW THEREFORE BE IT RESOLVED, in accordance Miscellaneous Resolution #00047, the Oakland County Board of Commissioners authorizes the Drain Commissioner to execute the attached contract with the Friends of the Rouge. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Sever absent. OAKLAND COUNTY DRAIN COMMISSIONER'S CONTRACT FOR STORM WATER MANAGEMENT SERVICES WITH FRIENDS OF THE ROUGE This CONTRACT (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"), by and through its Drain Commissioner, and the FRIENDS OF THE ROUGE, a Michigan non-profit corporation whose address is 22586 Ann Arbor Trail, Dearborn Heights, Michigan 48127 (hereafter "FOTR"). In this Contract, either the County and/or the FOTR may also be referred to individually as a "Party" or jointly as "Parties." INTRODUCTION The County of Wayne through the Rouge River National Wet Weather Demonstration Project ["Rouge Demonstration Project"] has offered technical assistance and federal grant funding to local government entities for addressing and improving the water quality and recreational use of the Rouge River. The Rouge Demonstration Project is designed to assist local communities with regard to the implementation of the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by the State of Michigan. The types of activities required by the Storm Water General Permit include illicit discharge elimination, public education and sub- watershed management planning. The Oakland County Drain Commissioner is actively participating in the implementation of the Storm Water General Permit issued by the State of Michigan for the County of Oakland. The Drain Commissioner was awarded federal grant funding of $408,000 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement illicit discharge elimination, public education and sub-watershed planning for the Rouge River and its tributaries within Oakland County. In order to comply with the federal grant funding requirements and objectives, the County of Oakland was required to enter into an Inter-Agency Agreement ("IAA") with the County of Wayne, and further, agreed to comply with certain administrative procedures. The federal grant, among other things, requires a 50% match in funds or in-kind services. The Drain Commissioner is prepared to provide a portion of USEPA Grant funding received pursuant to the IAA to the FOTR for public education services and sub-watershed planning activities in accordance with the scope of services (as described and defined in this Contract). The portion of the USEPA Grant funding will not exceed $98,240.00. In consideration, FOTR will agree to all USEPA Grant and contract conditions required by the County of Oakland under this Contract and the IAA. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract and the IAA, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and FOTR mutually agree as follows: ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County", "FOTR", "Party" and "Parties"), the Parties agree that the following words and expressions, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1 "Consultant" - shall be defined as an independent contractor engaged by FOTR to perform any services necessary to carry out the objectives under this Contract. 1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the FOTR and/or any FOTR Agents, as defined herein. 1.3 "FOTR Agent" or "FOTR Agents", shall be defined to include any and all FOTR's officers, employees, managers, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a FOTR Agent and conversely, no FOTR Agent shall be deemed a County Agent. 1.4 "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein; or asserted against FOTR and/or FOTR's agents. 1.5 "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the Michigan Department of Environmental Quality ("MDEQ"). ARTICLE II. FRIENDS OF THE ROUGE PUBLIC EDUCATION SERVICES. The Parties agree that the full and complete scope of services shall be as described in attached 2 Exhibit "B" and limited in the following subsections (hereinafter defined and referred to as either "FOTR public education services" or services). 2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all "FOTR public education services" or "Services" to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the County in the performance of County's official functions, obligations, and County's legal responsibilities relating the Storm Water General Permit and fulfillment of the state and federal environmental laws and regulations. 2.2 MANNER FOTR TO PROVIDE SERVICES The Parties agree that any and all "FOTR public education services" or "Services" to be provided by the FOTR for the County under this Contract shall be performed by FOTR or FOTR's Agents or consultants as defined herein. 2.2.1 FOTR's agents or consultants shall be employed and assigned by the FOTR in such numbers and based on such appropriate qualifications and other factors as decided solely by the FOTR. 2.2.2 Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and OCDC Personnel. 2.2.3 The FOTR agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the FOTR during the term of this Contract. This section shall not prohibit the FOTR from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.2.4 Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the FOTR and/or a FOTR Agent. 2.3 LIMITS AND EXCLUSIONS. FOTR shall remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any FOTR's obligations under this Contract. The FOTR shall employ and retain its own FOTR legal representation, as necessary, to defend any claim alleged and/or brought against FOTR or FOTR's agents before an adjudicative body or court. 3 ARTICLE III. FOTR COMPLIANCE WITH TERMS AND CONDITIONS OF IAA BETWEEN THE COUNTY OF OAKLAND AND COUNTY OF WAYNE. To the extent permissible under the law, FOTR agrees to comply with the following terms and conditions required of the County of Oakland pursuant to the IAA attached hereto as Exhibit "A". FOTR agreement to comply with the terms and conditions of the IAA shall not be construed as assignment of the IAA, but as additional terms and conditions of this Contract. 3.1 To the extent there is a conflict, it is understood and agreed by the Parties that the terms and conditions contained in the IAA shall take precedence over terms and conditions of this Contract. ARTICLE IV. TERM OF CONTRACT. The Parties agree that the term of this Contract shall begin on the effective date of this Contract. This Contract, unless extended by mutual written agreement, shall expire on May 30, 2001. ARTICLE V. BUDGET AND PAYMENT SCHEDULE. The parties acknowledge that this Contract is expected to be funded in part from federal grant funding from the United States Environmental Protection Agency ("USEPA"). The total budget for services under this Contract shall not exceed $196,480. The distribution of USEPA grant funding by County shall not exceed $98,240.00 and FOTR shall provide a minimum matching costs of $98,240.00. 5.1 FOTR understands that the County has no funds other than the USEPA grant funds to pay for services under this Contract and agrees that any and all costs incurred which exceed this amount and/or are disallowed under this Contract, the IAA or the USEPA, will be the responsibility of the FOTR. ARTICLE VI. CONTRACT ADMINISTRATION AND PAYMENT. 6.1 This Contract will be administered on a cost reimbursement basis. The FOTR shall submit to the County, project status reports and invoices on forms provided by the County. 6.2 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. 6.3 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. E. The reimbursements requested for the billing period. F. Project work element detail. 4 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. 6.4 The invoices must be certified for completeness and correctness by an appropriate FOTR agent. 6.5 All invoices will be paid by the County within thirty (30) days of receipt of funds from the Wayne County/USEPA. 6.6 The FOTR will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The FOTR will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to USEPA Grant funding. These cost estimates will be provided in a format to be established by the County. 6.7 The FOTR 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 USEPA Grant and by 40 C.F.R. 31.1, et seq. 6.8 All reports, invoices, and work products required under this contract will be transmitted to the Oakland County Drain Commissioner. ARTICLE VII. AUDIT AND ACCESS TO RECORDS. 7.1 FOTR 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. 7.2 FOTR will cooperate with and assist the County with respect to federal or state audit review related to the use of USEPA 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. FOTR will cooperate with the County with respect to evaluating audit findings of this Contract. 7.3 FOTR will be responsible for the reimbursement of any funds required to be returned to the USEPA due to FOTR actions or omissions, as determined by audit findings and hold the County harmless from any repayment therefrom. 5 ARTICLE VIII. GENERAL PROVISIONS. 8.1 This Contract is expected to be funded in part with funds from the USEPA. FOTR 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 Contract or any lower tier subagreement for monies related to this specific project. This Contract is subject to regulations contained in 40 C.F.R. Part 31 in effect on the date of the assistance award for this project. 8.2 FOTR understands that the County has no funds other than the USEPA Grant funds to pay for the project costs. All costs other than the USEPA Grant funds associated with the activities, which are the subject matter of this Contract, will be the responsibility of the FOTR. 8.3 FOTR 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 where applicable, assisting in development and evaluation of water quality improvement alternatives. 8.4 FOTR warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the IAA. In the event there are any conflicts between the provisions of this Contract and the terms of the IAA, the IAA terms will prevail. The fair share goals for the USEPA Grant as referenced in the IAA are as follows: Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE) Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE 8.5 FOTR is responsible for securing all necessary permits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. FOTR 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. 8.6 FOTR 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 USEPA Grant assistance project. 8.7 Any amendment to this Contract must be in writing, and signed and acknowledged by a duly authorized representative of each party. ARTICLE IX. WAIVER OF BREACH. 6 9.1 No failure by a party to insist upon the strict performance of any term of this Contract 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 Contract, but every term of this Contract remains effective with respect to any other existing or subsequent breach. ARTICLE X. TERMINATION. 10.1 This Contract 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. 10.2 The County for its convenience may terminate this Contract in whole or in part in writing. FOTR 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. 10.3 This Contract may be terminated in whole or in part in writing by FOTR 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 FOTR prior to termination. 10.4 If termination for convenience is effected by the County or FOTR, an equitable adjustment in the Contract price will be made. The equitable adjustment for any termination will provide for payment to FOTR for services rendered and expenses incurred prior to termination. Equitable adjustment also will include termination settlement costs reasonably incurred by FOTR and approved by the County, relating to personnel hired specifically for activities related to this Contract, provided such costs are eligible and allowable under the terms of the USEPA Grant. 10.5 Upon receipt of a termination notice pursuant paragraphs 10.2 or 10.3, above, FOTR 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 FOTR in performing this Contract, whether completed or in process. 10.6 Upon termination pursuant to paragraphs 10.2 or 10.3, above, the County may take over the work and prosecute the same to completion by Contract with another party or otherwise. 10.7 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. 7 ARTICLE XI. LIABILITY. 11.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of FOTR will be the sole responsibility of FOTR and not the responsibility of the County. 11.2 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 FOTR. 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 XII. INDEMNIFICATION. 12.1 To the extent as permissible under Michigan law, FOTR 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 FOTR, its personnel, employees, agents, or subcontractors, in the performance of this Contract. 12.2 To the extent as permissible under Michigan law, the County will indemnify, defend, and save harmless the FOTR, 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 FOTR, 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 Contract. 12.3 The provisions of Article XII shall survive the expiration or any termination of this Contract for a period of three (3) years. 12.4 Notwithstanding any other provision in this Contract, no provision in this Contract is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County and/or County's agents, employees, representatives as provided by applicable statutes and/or court decisions. ARTICLE XIII. INSURANCE. 13.1 The FOTR shall purchase and, to the extent permissible by law, have the County of Oakland and the County of Wayne, their respective officers, commission, boards, and employees named as additional parties insured under the policy or 8 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 FOTR, by any subcontractor, or by anyone directly or indirectly employed by the FOTR, or by anyone for whose acts any of them may be liable. 13.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of Wayne of the project services, FOTR 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 One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each twelve (12) month period. FOTR 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. 13.3 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 FOTR 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: 13.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 13.3.2 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 Five Hundred Thousand ($500,000) dollars for each incident. 13.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the FOTR 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 $ 1,000,000 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 per occurrence and $ 1,000,000 annual aggregate. 13.3.4 Contractual Liability Insurance for claims for damages that may arise from the FOTR contract under Article XII concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Contract, to the extent that such 9 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 subparagaphs 13.2 and 13.3.3, above. 13.3.5 Comprehensive Automobile Liability coverage, including coverage for an owned, hired, and non-owned vehicles with coverage of One Million ($1,000,000) dollars per occurrence for bodily injury and property damage combined. 13.3.6 Comprehensive Automobile 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 $ 1,000,000 single limit of liability. 13.4 Certificates of insurance or self-insurance shall be provided to the County prior to commencing Project Services under this Contract. 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. 13.5 The County and FOTR 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. 13.6 Compliance by FOTR with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve FOTR of its liabilities and obligations under this Contract. 13.7 The provisions of this Article shall survive the expiration of any termination of this Contract for a period of three (3) years. ARTICLE XIV. NON-DISCRIMINATION. 14.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, FOTR 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; B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); 10 D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 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 of 1976 (P.A. 453) and the Michigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 14.2 FOTR agrees that it will not discriminated 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. 14.3 If applicable, FOTR further agrees that it will require each contractor performing services under this Contract to agree to the provisions of this Article. 14.4 If applicable, FOTR is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE XV. FOTR AGENTS AND COOPERATION WITH THE COUNTY. The FOTR agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all FOTR Agents fully cooperate with County Agents in the performance of all Services under this Contract. 15.1 The FOTR agrees that it shall be solely and completely liable for any and all FOTR Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any FOTR Agent's employment status or any alleged violation of any FOTR Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the FOTR. The FOTR agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any FOTR Agent and/or which are based upon, result from, or arise from, or are in any way related to any FOTR Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 1 1 15.2 The FOTR agrees that no FOTR Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any FOTR Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. ARTICLE XVI. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the FOTR shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. ARTICLE XVII. GOVERNING LAW. This Contract is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non-possessive shall be deemed to include the other whenever the contest so suggests or requires. ARTICLE XVIII. CAPTIONS AND VALIDITY. 18.1 The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. 18.2 If any provision of this contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, 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 alter the contract or make execution impractical. ARTICLE XIII. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. 12 ARTICLE XIV. ENTIRE CONTRACT. This Contract sets forth the entire agreement between the County and the FOTR and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the FOTR in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, of the FRIENDS OF THE ROUGE, hereby acknowledges that he has been authorized to execute this Contract on behalf of the FOTR and hereby accepts and binds the FOTR to the terms and conditions of this Contract. FRIENDS OF THE ROUGE, a Michiga cqa-profit Corporation, (C-0/c, /), ---) --> Its: i-7?es/C ,7", - (7:1ke WITNESSED: 0 DATE: WITNESSED: DATE: 13 EXECUTE WITNESSED: IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain Commissioner, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. George W!Kuhn Oakland County Drain Commissioner G. William Caddell, County of Oakland Clerk/Register of Deeds 7,7 DATE: S— — 6) 14 EXHIBIT A 1 ROUGE RIVER STORM WATER MANAGEMENT PROJECTS ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND THIS AGREEMENT is entered into this . day of between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the County of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and throug.h its Drain Commissioner (hereinafter referred to as "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, implementing the National Pollutant Discharge Elimina tion System (NI)DES) General Wastewater Discharge Permit for Storm Water Discharges &om Separaze Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by The Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Storm Water General Permit .4ctivities set forth in this Agreement would ftirther the goals of the Grant. • NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREN, the parties hereby agree asfollows: 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 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 uant close-out process. The Final Project Summary Report should generally be 4-10 pages in length and should include: - - A. A summarized clear description of the project. In addition to the project description,-' the report should include the following: project objectives; major elements of the project; project highlights; project products completed (project products are listed in Attachment "A"); and project higalil ghts. Comments on how the completion of this project benefited or is projected to improve the Rouge River. • C. 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. D. Comments on how the results of this project are transferable to other communities or agencies. E. List of all task products completed. The :ist should include the official name of the products. ARTICLE II SCHEDULE OF WORK 2.1 The Time Frame for the project milestones completion is contained in Attachment "A". ARTICLE LU FLNANCIAL PROVISIONS AND BUDGET 3 1 The detailed budget is contained in Attachmalt "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 excetc.1 10% of the total budget without wrirren approval by the County. Other modifications to the budget will be only upon written Agreement between the County and the Entity. 3.2 The County will provide from the Grant 50_22 percent of approved, allowed, and elizIle costs for actiiities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $408,000. The Entity shall provide a minimum matching of costs of $404,337 or 49.73 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 Enfity until the completion of the project by the Entity as idehtified in Attachinent 'A". Upon completion of all the tasks by the Entity, the approval of the 'Entity :ask 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 Rinds will reimbursed to the Entity. 3.4 BUDGET The budget for this project is listed in Attachment "A': 3.3.1 The total budget N.14.11 be sub-categor-Lzed 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 (a_--tach copy of invoice). I. Indirect costs (specifying, nar_Lre of necessity and cost). J. Total amount requested. ARTICLE IV CONTRACT AD:NILNISTRATION ..-kND PAY:VI:ENT - I .,11 1 Az-eernent will be administered on a cost. :-eirn'oursement basis. The Entity shall sz±rnit 3 , i)JAr. to the County project status reports and invoices on standard forms provided by the County. 4.2 Al] 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. 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 All invoices will be paid by the County within thirty (30) days of receipt of funds from the USEPA. 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 activizies, 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 County. 4.3 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. 31.1, et seq. .P • 4.9 All reports, invoices, and work products required under this contract will be transmitted to I - the Director of Watershed Management Division, DeFartment of Environment, Wayne County, care of Mr. Razik Alsaigh, Rouge Program Office. 220 Bagley Suite 920, Detroit Nfichis..Yan 48226. UyIDINQ COMMITTEE July 20,,2000 MISCELLANEOUS RESOLUTION #00172 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - CONTRACT FOR PUBLIC EDUCATION SERVICES - FRIENDS OF THE ROUGE. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution #00047 the Drain Commissioner was authorized to accept federal grant funding of $408,000 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit")issued to the County by the State of Michigan; and, WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities required by the Storm Water General Permit which will assist in restoring the water quality of the Rouge River; and WHEREAS, said grant, among other things, requires a 50% match in funds or in-kind services; and, WHEREAS, the Drain Commissioner has requested the assistance of the Friends of the Rouge ("FOTR"), a Michigan non-profit corporation, to provide public education services; and WHEREAS, the Drain Commissioner is prepared to provide a portion of USEPA Grant funding to the FOTR to provide public education services in accordance with the attached contract; and, WHEREAS, the portion of the USEPA Grant funding for public education services will not exceed $98,240.00; and, WHEREAS, FOTR, has agreed to match the USEPA grant funding of $98,240.00 and to provide public education services in accordance with the attached contract; and, NOW THEREFORE BE IT RESOLVED, in accordance Miscellaneous Resolution #00047, the Oakland County Board of Commissioners authorizes the Drain Commissioner to execute the attached contract with the Friends of the Rouge. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Sever absent. OAKLAND COUNTY DRAIN COMMISSIONER'S CONTRACT FOR STORM WATER MANAGEMENT SERVICES WITH FRIENDS OF THE ROUGE This CONTRACT (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"), by and through its Drain Commissioner, and the FRIENDS OF THE ROUGE, a Michigan non-profit corporation whose address is 22586 Ann Arbor Trail, Dearborn Heights, Michigan 48127 (hereafter "FOTR"). In this Contract, either the County and/or the FOTR may also be referred to individually as a "Party" or jointly as "Parties." INTRODUCTION The County of Wayne through the Rouge River National Wet Weather Demonstration Project ["Rouge Demonstration Project"] has offered technical assistance and federal grant funding to local government entities for addressing and improving the water quality and recreational use of the Rouge River. The Rouge Demonstration Project is designed to assist local communities with regard to the implementation of the National Pollutant Discharge Elimination System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by the State of Michigan. The types of activities required by the Storm Water General Permit include illicit discharge elimination, public education and sub- watershed management planning. The Oakland County Drain Commissioner is actively participating in the implementation of the Storm Water General Permit issued by the State of Michigan for the County of Oakland. The Drain Commissioner was awarded federal grant funding of $408,000 from the County of Wayne via Unites States Environmental Protection Agency (USEPA) to implement illicit discharge elimination, public education and sub-watershed planning for the Rouge River and its tributaries within Oakland County. In order to comply with the federal grant funding requirements and objectives, the County of Oakland was required to enter into an Inter-Agency Agreement ("IAA") with the County of Wayne, and further, agreed to comply with certain administrative procedures. The federal grant, among other things, requires a 50% match in funds or in-kind services. The Drain Commissioner is prepared to provide a portion of USEPA Grant funding received pursuant to the IAA to the FOTR for public education services and sub-watershed planning activities in accordance with the scope of services (as described and defined in this Contract). The portion of the USEPA Grant funding will not exceed $98,240.00. In consideration, FOTR will agree to all USEPA Grant and contract conditions required by the County of Oakland under this Contract and the IAA. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract and the IAA, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and FOTR mutually agree as follows: ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County", "FOTR", "Party" and "Parties"), the Parties agree that the following words and expressions, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1 "Consultant" - shall be defined as an independent contractor engaged by FOTR to perform any services necessary to carry out the objectives under this Contract. 1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the FOTR and/or any FOTR Agents, as defined herein. 1.3 "FOTR Agent" or "FOTR Agents", shall be defined to include any and all FOTR's officers, employees, managers, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a FOTR Agent and conversely, no FOTR Agent shall be deemed a County Agent. 1.4 "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein; or asserted against FOTR and/or FOTR's agents. 1.5 "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the Michigan Department of Environmental Quality ("MDEQ"). ARTICLE II. FRIENDS OF THE ROUGE PUBLIC EDUCATION SERVICES. The Parties agree that the full and complete scope of services shall be as described in attached 2 Exhibit "B" and limited in the following subsections (hereinafter defined and referred to as either "FOTR public education services" or services). 2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all "FOTR public education services" or "Services" to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the County in the performance of County's official functions, obligations, and County's legal responsibilities relating the Storm Water General Permit and fulfillment of the state and federal environmental laws and regulations. 2.2 MANNER FOTR TO PROVIDE SERVICES The Parties agree that any and all "FOTR public education services" or "Services" to be provided by the FOTR for the County under this Contract shall be performed by FOTR or FOTR's Agents or consultants as defined herein. 2.2.1 FOTR's agents or consultants shall be employed and assigned by the FOTR in such numbers and based on such appropriate qualifications and other factors as decided solely by the FOTR. 2.2.2 Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and OCDC Personnel. 2.2.3 The FOTR agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the FOTR during the term of this Contract. This section shall not prohibit the FOTR from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.2.4 Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the FOTR and/or a FOTR Agent. 2.3 LIMITS AND EXCLUSIONS. FOTR shall remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any FOTR's obligations under this Contract. The FOTR shall employ and retain its own FOTR legal representation, as necessary, to defend any claim alleged and/or brought against FOTR or FOTR's agents before an adjudicative body or court. 3 ARTICLE III. FOTR COMPLIANCE WITH TERMS AND CONDITIONS OF IAA BETWEEN THE COUNTY OF OAKLAND AND COUNTY OF WAYNE. To the extent permissible under the law, FOTR agrees to comply with the following terms and conditions required of the County of Oakland pursuant to the IAA attached hereto as Exhibit "A". FOTR agreement to comply with the terms and conditions of the IAA shall not be construed as assignment of the IAA, but as additional terms and conditions of this Contract. 3.1 To the extent there is a conflict, it is understood and agreed by the Parties that the terms and conditions contained in the IAA shall take precedence over terms and conditions of this Contract. ARTICLE IV. TERM OF CONTRACT. The Parties agree that the term of this Contract shall begin on the effective date of this Contract. This Contract, unless extended by mutual written agreement, shall expire on May 30, 2001. ARTICLE V. BUDGET AND PAYMENT SCHEDULE. The parties acknowledge that this Contract is expected to be funded in part from federal grant funding from the United States Environmental Protection Agency ("USEPA"). The total budget for services under this Contract shall not exceed $196,480. The distribution of USEPA grant funding by County shall not exceed $98,240.00 and FOTR shall provide a minimum matching costs of $98,240.00. 5.1 FOTR understands that the County has no funds other than the USEPA grant funds to pay for services under this Contract and agrees that any and all costs incurred which exceed this amount and/or are disallowed under this Contract, the IAA or the USEPA, will be the responsibility of the FOTR. ARTICLE VI. CONTRACT ADMINISTRATION AND PAYMENT. 6.1 This Contract will be administered on a cost reimbursement basis. The FOTR shall submit to the County, project status reports and invoices on forms provided by the County. 6.2 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. 6.3 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. E. The reimbursements requested for the billing period. F. Project work element detail. 4 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. 6.4 The invoices must be certified for completeness and correctness by an appropriate FOTR agent. 6.5 All invoices will be paid by the County within thirty (30) days of receipt of funds from the Wayne County/USEPA. 6.6 The FOTR will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The FOTR will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to USEPA Grant funding. These cost estimates will be provided in a format to be established by the County. 6.7 The FOTR 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 USEPA Grant and by 40 C.F.R. 31.1, et seq. 6.8 All reports, invoices, and work products required under this contract will be transmitted to the Oakland County Drain Commissioner. ARTICLE VII. AUDIT AND ACCESS TO RECORDS. 7.1 FOTR 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. 7.2 FOTR will cooperate with and assist the County with respect to federal or state audit review related to the use of USEPA 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. FOTR will cooperate with the County with respect to evaluating audit findings of this Contract. 7.3 FOTR will be responsible for the reimbursement of any funds required to be returned to the USEPA due to FOTR actions or omissions, as determined by audit findings and hold the County harmless from any repayment therefrom. 5 ARTICLE VIII. GENERAL PROVISIONS. 8.1 This Contract is expected to be funded in part with funds from the USEPA. FOTR 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 Contract or any lower tier subagreement for monies related to this specific project. This Contract is subject to regulations contained in 40 C.F.R. Part 31 in effect on the date of the assistance award for this project. 8.2 FOTR understands that the County has no funds other than the USEPA Grant funds to pay for the project costs. All costs other than the USEPA Grant funds associated with the activities, which are the subject matter of this Contract, will be the responsibility of the FOTR. 8.3 FOTR 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 where applicable, assisting in development and evaluation of water quality improvement alternatives. 8.4 FOTR warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the IAA. In the event there are any conflicts between the provisions of this Contract and the terms of the IAA, the IAA terms will prevail. The fair share goals for the USEPA Grant as referenced in the IAA are as follows: Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE) Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE 8.5 FOTR is responsible for securing all necessary permits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. FOTR 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. 8.6 FOTR 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 USEPA Grant assistance project. 8.7 Any amendment to this Contract must be in writing, and signed and acknowledged by a duly authorized representative of each party. ARTICLE IX. WAIVER OF BREACH. 6 9.1 No failure by a party to insist upon the strict performance of any term of this Contract 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 Contract, but every term of this Contract remains effective with respect to any other existing or subsequent breach. ARTICLE X. TERMINATION. 10.1 This Contract 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. 10.2 The County for its convenience may terminate this Contract in whole or in part in writing. FOTR 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. 10.3 This Contract may be terminated in whole or in part in writing by FOTR 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 FOTR prior to termination. 10.4 If termination for convenience is effected by the County or FOTR, an equitable adjustment in the Contract price will be made. The equitable adjustment for any termination will provide for payment to FOTR for services rendered and expenses incurred prior to termination. Equitable adjustment also will include termination settlement costs reasonably incurred by FOTR and approved by the County, relating to personnel hired specifically for activities related to this Contract, provided such costs are eligible and allowable under the terms of the USEPA Grant. 10.5 Upon receipt of a termination notice pursuant paragraphs 10.2 or 10.3, above, FOTR 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 FOTR in performing this Contract, whether completed or in process. 10.6 Upon termination pursuant to paragraphs 10.2 or 10.3, above, the County may take over the work and prosecute the same to completion by Contract with another party or otherwise. 10.7 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. 7 ARTICLE XI. LIABILITY. 11.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of FOTR will be the sole responsibility of FOTR and not the responsibility of the County. 11.2 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 FOTR. 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 XII. INDEMNIFICATION. 12.1 To the extent as permissible under Michigan law, FOTR 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 FOTR, its personnel, employees, agents, or subcontractors, in the performance of this Contract. 12.2 To the extent as permissible under Michigan law, the County will indemnify, defend, and save harmless the FOTR, 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 FOTR, 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 Contract. 12.3 The provisions of Article XII shall survive the expiration or any termination of this Contract for a period of three (3) years. 12.4 Notwithstanding any other provision in this Contract, no provision in this Contract is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County and/or County's agents, employees, representatives as provided by applicable statutes and/or court decisions. ARTICLE XIII. INSURANCE. 13.1 The FOTR shall purchase and, to the extent permissible by law, have the County of Oakland and the County of Wayne, their respective officers, commission, boards, and employees named as additional parties insured under the policy or 8 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 FOTR, by any subcontractor, or by anyone directly or indirectly employed by the FOTR, or by anyone for whose acts any of them may be liable. 13.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of Wayne of the project services, FOTR 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 One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each twelve (12) month period. FOTR 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. 13.3 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 FOTR 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: 13.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 13.3.2 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 Five Hundred Thousand ($500,000) dollars for each incident. 13.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the FOTR 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 $ 1,000,000 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 per occurrence and $ 1,000,000 annual aggregate. 13.3.4 Contractual Liability Insurance for claims for damages that may arise from the FOTR contract under Article XII concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Contract, to the extent that such 9 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 subparagaphs 13.2 and 13.3.3, above. 13.3.5 Comprehensive Automobile Liability coverage, including coverage for an owned, hired, and non-owned vehicles with coverage of One Million ($1,000,000) dollars per occurrence for bodily injury and property damage combined. 13.3.6 Comprehensive Automobile 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 $ 1,000,000 single limit of liability. 13.4 Certificates of insurance or self-insurance shall be provided to the County prior to commencing Project Services under this Contract. 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. 13.5 The County and FOTR 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. 13.6 Compliance by FOTR with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve FOTR of its liabilities and obligations under this Contract. 13.7 The provisions of this Article shall survive the expiration of any termination of this Contract for a period of three (3) years. ARTICLE XIV. NON-DISCRIMINATION. 14.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, FOTR 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; B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); 10 D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 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 of 1976 (P.A. 453) and the Michigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 14.2 FOTR agrees that it will not discriminated 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. 14.3 If applicable, FOTR further agrees that it will require each contractor performing services under this Contract to agree to the provisions of this Article. 14.4 If applicable, FOTR is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE XV. FOTR AGENTS AND COOPERATION WITH THE COUNTY. The FOTR agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all FOTR Agents fully cooperate with County Agents in the performance of all Services under this Contract. 15.1 The FOTR agrees that it shall be solely and completely liable for any and all FOTR Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any FOTR Agent's employment status or any alleged violation of any FOTR Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the FOTR. The FOTR agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any FOTR Agent and/or which are based upon, result from, or arise from, or are in any way related to any FOTR Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 11 15.2 The FOTR agrees that no FOTR Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any FOTR Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. ARTICLE XVI. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the FOTR shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. ARTICLE XVII. GOVERNING LAW. This Contract is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non-possessive shall be deemed to include the other whenever the contest so suggests or requires. ARTICLE XVIII. CAPTIONS AND VALIDITY. 18.1 The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. 18.2 If any provision of this contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, 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 alter the contract or make execution impractical. ARTICLE XIII. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. 12 ARTICLE XIV. ENTIRE CONTRACT. This Contract sets forth the entire agreement between the County and the FOTR and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the FOTR in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, of the FRIENDS OF THE ROUGE, hereby acknowledges that he has been authorized to execute this Contract on behalf of the FOTR and hereby accepts and binds the FOTR to the terms and conditions of this Contract. FRIENDS OF THE ROUGE, a Michigap-INgp-profit Corporation, By: 7 Its: DATE: WITNESSED: DATE: 13 DATE: 7-?--? IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain Commissioner, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. George W!Kuhn Oakland County Drain Commissioner DATE: S— -0 6) WITNESSED: 4d11-4 G. William Caddell, County of Oakland Clerk/Register of Deeds 14 EXHIBIT A 1 ROUGE RIVER STORM WATER MANAGEMENT PROJECTS ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYN. E AND THE COUNTY OF OAKLAND AGREEMENT is entered into this . day of between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the County of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and through its Drain Commissioner (hereinafter referred to as "Entity'). RECITALS WI-EREAS, 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 parry with respect to the Grant, including those provisions described within 40 C.F.R. Part 3!. 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. WI-EREAS, 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, implementing the National Pollutant Discharge Elimina tion System (NPDES) General Wastewater Discharge Permit for Storm Water Discharges &pm Separaze Storm Water Drainage Systems (Permit No. MIG6 I 0000) ("Storm Water General Permit") issued by The Michigan Department of Environmental QIinlity ("NIDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. \WHEREAS, the Storm Water General Permit Activities set forth in this Agreement would further the goals of the Grant. NOW, 1I-EEREFORE, IN CONSIDERATION OF THE NEUTUAL COVENANTS CONTAINED HEREN, the parties hereby agree asfollows: 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 "X' along with the scope of work 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 clear description of the project. In addition to the project description,-' the report should include the following: project objectives; major elements of the project; project highlights; project products completed (project products are listed in Attachment "A"); and project highlig.hts. Comments on how the completion of this project benefited or is projected to improve the ROL19-ft River. • C. 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. D. Comments on how the results of this project are transferable to other communities or agencies. E. List of all task products completed. The :ist should include the official name of the products. ARTICLE 11 SCaEDITLE OF WORK The Time Frame for the project milestones completion is contained in Attachment "A". ARTICLE DJ FLYANCIAL PROVISIONS AND BUDGET 3 1 The detailed budget is contained in Attachmcit -A" and will be considered an approximation based on the best information available at the time of this Ageement. 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. 3.2 The County will provide from the Grant 50_22 percent of approved, allowed, and eliolle costs for actisaties outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $408,000. The Entity shall provide a minimum matching of costs of $404,337 or 49.78 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 Attachtnent '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 documentadon of the final project cost by the County, the remaining 10 percent of the federal funds will-be reimbursed to the Entity. 3.4 BUDGET The budget for this project is listed in Attachment "A 3.3.1 The total budget will be sub-categc,,r-Lzed as follows: A. Personnel expenses. ' B. Fringe benefits. C. Travel costs. D. Equipment costs. E. Supply costs. F. Construction costs. G. Other necessary costs (specifiing nature of necessity and cost). H. Direct charges from others (a,--tach copy of invoice). I. Indirect costs (specifying nan:re of necessity and cost). J. Total amount requested. ARTICLE Iv CONTRA CT ADMINISTRATION AND PAY:NEE:NT I :1 Id 4.1 This Az-eernent will be administered on a cos: reimbursement basis. The Entity shall sz.:r.,,rnit 3 ' , oAr 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. 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 All invoices will be paid by the County within thirty (30) days of receipt of funds from the USEPA. 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 e4ble and ineligible cost items, with respect to grant funding.. These cost estimates will be provided in a format to be established by the County. 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 o,rocedures established by the Grant and by 40 C.F.R. 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to I - the Director of Watershed Management Division, Department of Environment, Wayne County, care of Mr. Razik Alsaigh, Rouge Program Office. 220 Bagley Suite 920, Der...-oit 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 Endty will cooperate with the County with respect to evaluating audit findings of this Agreement.. _ 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. I This Agreement is expected to be funded in part with funds from the USEPA_ 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 subaz .eement 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 :han the Grant funds to pay for the project costs. All costs other than the Grmht Rinds 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. Par. 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 rant 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: 3 Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise ()ArBE) Services 20%inetBE 10%WBE Equipment 8%M:13E 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. 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 Ageement shall remain with the Entity. The Entity agrees to operate and maintain the facility con sistent 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 3132 relating to any equipment including computers and peripheral computer equipment purchased as par: of this grant assistance project. 6.10 Any amendment to this agreement must be in writing, and sired 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 Az-eernent 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 Azeement, Ix= every term of this _Agreement remains er -Tective with respect to any other existing or subsequent breach. 6 ARTICLE VIII TERMINATION S. I This Agreement will terminate after the final audit and final resolution of any issues related thereto as described within 40 C.F.R. Part I, Subpart D. 3.2 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 Endo, prior to termination. 3.3 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. Equitable adjustment also will include termination settlement costs reasonably incin -red 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 3.2 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. 3 5 Upon termination pursuant to paragraphs 8.2 or 3.3. above. the Coun -:: may take over the work and prosecute the same to completion by Agreement with another parry or otherwise. • 3.6 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. ARTICLE EY 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, COM, or judgments arising out of activities of the County will be the sole responsibility of the County and not the responsibility of 7 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 To the extent as permissible under Michigan law, 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 To the extent as permissible under Michigan law, the Counry will indernr,L.--y, 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 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. 10.4 Notwithstanding any other provision in this Agreement, no provision in this Agreement is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County or Entity. and/or Countys or Entity's agents, employees, representatives as provided by applicable statutes and/or court decisions. • ARTICLE XI LNSITEL-iNCE 11.1 Unless the Etzily is self-insured, the Entity shall purchase and, to the extent pemiissible 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 direct::: 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 aaer dna' completion and acceptance by the County of the projec-, 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, 8 omission, or negligent act in the performance of professional services, with limits of One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the ag.zegate for each twelve (12) month period. The Entity auees 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 oethree. (3) years after ilia.' 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 cf 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 injur.-, occupational sickness or :iisease, 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 Five, Hundred Thousand .$5r.;(2.200) 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 tanzible property of czhers, including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than $500,000 per occurrence and $ 1,000,000 annual ag.z -egate and property damage limits of not less than $500,000 per occurrence or combined bodily injury:property damage limits of not less than 3750,000 per occurrence and $ 1,000,000 annual aggregate.. 11.3.4 Contractual Liability Insurance for claims for damages :hat may arise from the Entity contract under Article X concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this .A.ueement, 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 subparagaphs 11.2 and 11.3.3, above. 11.3.5 Comprehensive Automobile Liability coverage, including coverage for a owned, hired, and non-owned vehicles with coverage of One Million (3.000,000) dollars per occurrence for bodily injury and property damage combined. 11.3.6 Comprehensive Automobile Insurance recuired by law for claims arising from ownership, maintenance, or use of any motor vehicle owned or non-owned. County, or for-hire vehicles, with $ 1,000,000 single limit of liability. 9 11.4 Certificates of insurance or self-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, aeents, and employees for damages covered by any property casualty insurance during the Project Services, but only to the ex-tent 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 leslation 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, 73 Stat. 252) and the United States Department of Justice regulations (28 C.F.R. Part 52) issued pursuant to Titles VI and VII; Environmental Protection .Agency regulations (40 C.F.R., Parrs 7 and 12): C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 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 of 1976 (P.A. 453) and the Michigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 10 12 2 The Entity agrees that it will not discriminated 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 MD 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 XTV 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 invLiki or unenforceable, is not affected and is enforceable, provided the invaad provision does not substantially alter the contract or make execution irnprac-6ca1. ARTICLE XV ENTIRE AGREENIENT 15.1 This document, including any attachments, contains the entire a-..ement between the parties. 15.2 Neither party has made any representations except those expressly se: forth herein. 15.3 No rights or remedies are or will be acquired, by either party by implication or otherwise unless set forth herein. 11 ARTICLE XVI PATENTS, COPYRIGHTS, AND RIGHTS DI 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 =der 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 Azeement 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 YEAR 2000 COM:I'LL-0CE 17.1 The following, terms, when used in this Article., are understood by the parties to be defined as in subparagraphs (a) through (f) of this Paragraph. (a) Certification: the act of providing, written testimony of qualification of a process and !' or product as pertains to Year 2000 Compliance, including identification and documentation of all forrr2.ts of Date Processing, and Date Exchange, which formats may include International Standards Organization (ISO) standards and other, generally accepted, documented methods of date representation. - (b) Date Exchange: the interchange of date data between two or more 5Tystems or system elements. (c) Date Processing: the handling of date data within a system or system element. (d) Information Products: products and / or services involving or including, but not limited to hardware, software, firmware, rniddleware and embedded systems including but not lirr_ited to Electronic Data Interface (ED!) and other interfaces for the exchange of data, whether acting, alone or combined as a system. (e) Year 2000 Compliant: the quality of a system to provide all of the following. functions: (i) flawless handling of date information. via US standards, before, during, and after January 1, 2000, including. but not limited to accepting date input, providing date output, executina single-century formulas, executing multi- 12 century formulas and performing calculations on any and all dates and / or portions thereof, specificaily including but not limited to dates in the year 1999 and all subsequent years; (ii) accurate operation, without interruption., before, during, and after January 1, 2000, without any change in operations associated with the advent of the new century, including but not limited to leap-year calculations; (iii) proper response to two-di git year-date input such that a system or system element resolves any ambiguity regarding century in a disclosed, defined and predetermined manner; (iv) storage and output of all date information in ways that are urambig.uous as to century; and (v) interaction with other systems or system elements whereby date data is _ exchanged accurately, without exception, and whereby no data is corrupted by the interaction, whether or not the data be date-related, and whereby the co-operation does not otherwise adversely affect the performance of any system, system element or system component. (f) Non-Year 2000 Compliant: any system which is not Year 2000 Compliant. 17.2 Notwithstanding any provision elsewhere contained in this Azetment, the Entity expressly represents and warrants that all Information Products supplied to the County under this Agreement are fully Year 2000 Compliant according to the definitions and standards herein contained. 17:3 The Entity expressly warrants that all Information Products which the Entity will acquire under this Agreement are Year 2000 Compliant such that any other Information Products, when used in combination with the Information Products which the Entity will acquire hereunder, will properly execute all Date Exchange and Date Processing functions, whether the other Information Products were written, manufactured, produced or performed by the Entity or by a third party. 17.4 The Entity agrees that it shall accomplish and document all modifications necessary to ensure that all Information Products previously provided or to be provided or maintained by the Entity in the future under this Agreement are or will be Year 2000 Compliant, as herein defined. 17.5 The Entity warrants that if it uses Informathm Products to perform any service under this Agreement, all such Information Products will be Year 2000 Compliant as defined herein. E in the course of performing its obligations under this Az -eement. the Entity uses specific Information Products in collaboration with one another such that a system is created_ then the wari -anry cf this Paragraph shall apply to the system as well as to the specific Information Products. 17.6 The Entity warrants that if it provides an electronic data interface or any other interfaces to be used in the exchange of data between the County and the Entity for the purpose of rnoni-.:oring, updating, billing, ordering, or similar purposes, such interfaces are fully Year 2000 Compliant. 13 17.7 The Entity agrees that upon any request by the County, the Entity will perform comprehensive testing necessary to demonstrate that all Information Products provided or used under this Agreement are Year 2000 Compliant, and the Entity will furnish the County with any requested Certification, as herein defined, along with supporting documentation. The Entity agrees that the County may request and receive other forms of verification that Information Products are Year 2000 Compliant, including, but not limited to, witness testing, and audit testing. Nothing in this Paragraph shall be construed, interpreted or understood to in any way alter, affect or modify the meanings or significance of any of the other provisions contained herein. 17.8 The Entity agrees that it will promptly remedy any breach of any warranty contained in the foregoing Paragraphs (2) through (7) at no additional charge to the County. Remedy of a breach may be through the correction, upgrade or replacement of any Non-Year 2000 Compliant Information Products provided or used by the Entity under this Agreement with functionally equivalent Information Products which are Year 2000 Compliant. g after its best efforts, the Entity is unable to accomplish the correction or replacement of the Non-Year 2000 Compliant Information Products within 45 days of notification by the County of the failure of the Information Products to attain Year 2000 Compliance the Entity agrees that it will refund to the County any amounts paid by the County for the Information Products provided or used, and unexceptionally indemnify and hold the County harmless from and agairist anY andall liabuity, loss or e'xpens, including, reasonable attorney's fees, incurred in connection with Non-Year 2000 Compliant Information Products. Nothing, in this Paragraph 17-8 shall be construed TO imit any rights or remedies otherwise available under this Agreement with respect to defects other than Year 2000 Non- Compliance. 17.9 This Agreement supersedes all previous agreements between the Entity and the County which regard Year 2000 Compliance. Except as expressly modified_ the terms and conditions of the original agreements will remain in full force and effect. The fbre..-oing., Year 2000 provisions constitute the entire accord between the parties as regards Yea: 2000 Compliance for this Agreement. These provisions shall survive terinination or expiration of this Agreement. 17.10 Notwithstanding any provision elsewhere contained in this Agreement, the Year 2000 provisions contained in this Article, shall only apply to Information P:oducts supplied to County, and/or acquired by Entity pursuant to this Agreement. ARTICLE XVLII JURISDICTION AND GOVERNING LAW 18.1 This _Agreement, and all actions arising from it. must be governed by, subject to. and construed according to the law of the State oFNEchigan. ARTICLE XL'( EFFECTIVE DATES 19.1 This Azeement becomes effective immediately upon signing by both parties and shall allow for billing all costs incurred from June 30, 1999. This Agreement, unless extended by mutual written agreement, expires on May 30, 2001. Should the USEPA require reimbursement by the County of ft.inds transferred to the Endo, for costs incurred prior to this Agreement, the Entity shall be responsible for any such reimbursement. ARTICLE XX PARTY REPRESENTATIVES 20.1 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 the Oakland County Drain Commissioner. Either pally. 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. iVIcNAM:siRA Its: Chief Executive Officer OAKLAND COUNTY, MICHIGAN By: GEORGE W KUI-liN Its: Drain Commissioner By: JOHN P. MCCULLOCH Its: Chairman. Board of Commissioners 15 T-1.51' DESCRIPTION, SCHEDULE PR :OD PROGRESS REPORTIN ATTACELMENT "A" to INTERAGENCY AGREEMENT between WAYNE COUNTY AND THE OAKLAND COUNTY DRALN CONNISSIONER'S OFFICE for STORM WATER GENERAL PERMIT ACTIVITIES The Oakland County Drain Commissioner Office (OCDC) was issued Certificate of Coverage No. MIG610042 on September 7, 1999 from the Michigan Department of Environmental Quality for voluntary coverage under the NPDES Storm Water General Permit MIG610000 (General Permit). The General Permit expires April 1, 2003. Also, several communities in the Main 1-2 and the Middle 1 subwatersheds have received Storm Water General Permits. Under these Certificates of Coverage, the Oakland County Drain Commissioner's Office proposes to perform the following activities with support from a want through Rouge River National Wet Weather Demonst -ation Project: 1 Illicit Discharge Elimination Program Implement those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan as submitted with the Main 1-2 subwatershed communities/agencies applications for coverage under the General Permit. 2. Public Education Program Implement those elements described herein as Task Products of the Public Education Pro=-arn, that support the Public - Education Plan as submitted with the Main 1-2 and NEddle 1 subwatersheds communities/agencies applications for coverage under the General Permit. 3. Sub watershed Management Planning Participate in the Main 1-2 Subwatershed Advisory Grcup and in development of the Main 1-2 Subwatershed Management Plan. 1. Illicit Discharge Elimination Program Task ,Description: Implementation of those elements described herein as Task Products of lice Illicit Discharge Elimination Program, thaz support the Illicit Discharge Elimination Plan (EP) that is included in the OCDC and Main 1-2 subwatershed communities General 1 Under this inter-agency agreement, the Oakland County Drain Commissioner's Office will perform IDEP activities for one or more of the following communities in the Main I-, Subwatershed: -Auburn Hills -Beverly Ells -Bingham Farms -Bloomfield Hills -Bloomfield Township -Farmington Hills -Franklin -Lathrup Village -Pontiac -Southfield -Southfield Township -West Bloomfield Twp. -Birmingham -Rochester Hills -Troy -Oak Park The following activities will be performed by the Oakland County Drain Commissioner's Office on behalf of the communities listed above. These activities will be funded by the budget identified in this inter-agency agreement: Complete review of existing documentation and develop prioritized list of illicit connection detection activities. Develop complaint form to identify details of complaint, corrective action(s) and date of corrective action. -- Visually screen all of the storm sewer oeirfalls to the Rouge River that are under the control of each municipality. Map the locations of screened storm water outfalls on community storm sewers maps. Develop prioritized list for follow up and perform additional testing for outfalls that had a suspicious dry weather flow during the visual screening. Perform follow up to find the source of suspicious discharges through use of visual inspection and/or testing of discharges within the storm drainage system upstream of the site of the suspicious discharge. Other options that will be considered to find an illicit connection or discharge are televising the sewer or dye testing premises in the proximity of the discharge. • • If an illicit discharge is suspected, the OCDC shall send letters to the local municipality alerting them to the problem that is under investigation and to solicit their assistance in finding the source. First year Report (due July 1, 2000) and Final Project Summary Report (referenced in Article 1.3 of the IAA, due at the end of the project, March 31, 2001). These reports should summarize: (1) The status of all task activities indicated above, (2) The status of the activities performed under the 11/19/98 inter-agency am -eement, (3) The following activities will be performed by municipalities, using funds other than those identified in this inter-agency agreement: Review legal basis for correcting illicit discharges and develop revisions, as needed (All). Prepare ordinance and present to local legislative body, if necessary; (All) 3 Follow up on overflows of sanitary sewer manholes or cross connections to storm sewers system, if detected, and develop a plan to solve the problem(s); (A11) The sanitary sewer system will be reviewed to determine areas of the community that do not have sanitary sewers available. Cost estimates will be prepared to determine the feasibility of extending sanitary sewers to those areas; (All) Examine files of water and sewer customers to determine if any properties are not being served by a sanitary sewer (Auburn Hills, Pontiac); Examine maps to determine precise number and location of storm drainage structures located in the Rouge Watershed (Auburn Hills); Visually inspect each manhole and catch basin twice at different times of the day (Auburn Hills); Develop sanitary sewer master plan (Farmington Hills); Develop and implement systematic method of identifying storm sewer storm sewer outfalls as a result of new construction (Farmington Hills); Develop map of storm sewer systems (Bloomfield Twp.); Veri_fy storm sewer catchments and identify sewer ownership (Bloomfield - Twp., Southfield); Monitor new construction and identify additional storm sewer outfalls (Bloomfield Twp., Southfield); and Provide distance of sanitary sewers that have been televised (Bloomfield Twp., Southfield).* Any changes to the illicit discharge elimination program and the task products indicated above must be approved in writing by Wayne County. Public Education Program Task Description: Implementation of those elements described herein as Task Products of the Public Education Program, that support the Public Education Plan that is included in the OCDC Application dated January 26, 1999 as Attachment 7 and the Public Education Plans for the Nifiddle 1 and Main 1-2 subwatershed communities. A copy of the Public Education Plan in the OCDC Application is attached to this IAA. Task Schedule: This task will ben June 30, 1999 and continue until March 31. 2001. Task Progress Reporting: Reports will be sent to the RPO quarterly documenting progress and achievements including copies of reports required in the Applications. The progress reports will be provided in accordance with guidelines developed by the RPO. 4 Task Product: Public Education activities to be implemented under this agtreement will be performed by three agencies: Friends of the Rouge (FOTR), SOCWA and the Oakland County Drain Commissioner's Office. The Oakland County Drain Commissioner's Office will oversee and report on all activities performed by outside agencies. The followina will be completed and documentation submitted to the RN) by March 31, 2001 unless otherwise • specified. The following activities will be performed by the Oakland County Drain Commissioner's Office for the Main 1-2 subwatershed: • Design information display table ("Our Actions" display). The display will address watershed-wide development issues. • Prepare and distribute slide presentations and fact sheets on watershed management _ _issues for home owner associations within Oakland County, as requested. • Perform presentations to home owner associations, upon request. • Install ten tributary signs at County Road and Rouge River crossings. • Purchase and distribute 5,000 copies of the Rouge Recreational Guide. • Provide 500 copies of the Rouge Project public education brochure "Do Your Down Spouts Lead to the Rouge?" to the Main 1-2 communities. • Develop -strategy for educating the public about illicit discharge impacts on the environment in order to promote reporting. • Provide watershed education to city, township and village personnel in charge of hotlines. • Distribute 500 fact sheets on fertilizer and pesticide application to the Main 1-2 communities. • Distribute 100 packets of educational materials concerning the ultimate point and potential impacts from storm water pollutants to the Main 1-2 communities. • Provide storm drain marking materials for ten Main 1-2 subwatershed communities. • Include a public education component in Rouge watershed drainage improvement projects controlled by OCDC. • The following activities will be performed by the Oakland County Drain Commissioner's Office for the Middle 1 subwatershed: • Install Rouge tributary sic:nage at river crossings. • Prepare videos and display brochures/ flyers regarding the Rouge Friendly Business Pro ram. It is anticipated that an agreement will be made between the OCDC and Friends of the Rouge for services to be provided to Oakland County communities. An annual plan will be prepared and submitted to the RPOAVayne County with regard to the following activities that are anticipated to be performed by Friends of the Rouge in the Main 1-2 subwatershed: • Maintain the Rouge Education Project in twenty six Main 1-2 schools in school year 2000-2001. • Coordinate and promote ten Rouge Rescue/River Day activity sites. 5 Coordinate four Watershed Habitat Inventory events Work with SOCWA and OCDC to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. The following; activities will be performed by the Friends of the Rouge for the Middle 1 subwatershed: • Expand the Rouge Education Project in the NEddle 1 subwatershed. • Perform storm drain marking It is anticipated that an agreement will be made between Oakland County and SOCWA for programs to be coordinated for Oakland County communities by SOCWA_ The following activities are anticipated to be performed by SOCWA in the Main 1-2 subwatershed: • Co-sponsor three information outreach workshops to present information on environmentally-friendly lawn and garden care. • Work with communities and OCDC to develop a coordinated watershed-wide effort on waste handling, collection, and disposal of household hazardous waste, sanitary wastes, yard waste and animal wastes. • • Work with OCDC and FOTR to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. The following activities will be performed by the SOCWA for the Middle 1 subwatershed: • Ecological gardening class for citizens. • Storm water public. education outreach at cities and re gional events. The OCDC will prepare a First year Report (due July I, 2000) and Final Project Summary Report (referenced in Article 1.3 of the IAA, due at the end of the project, March 31, 2001). These reports should summarize the status of all task products indicated above, including (at a minimum): Copies of all relevant media releases (newspaper, TV, etc.) and other published materials (workshop materials, slide presentations, fact sheets, etc.) Summary of activities coordinated with Friends of the Rouge. Summary of activities coordinated with SOCWA_ Summary of tributary signs posted. Summary of workshops held and presentations made. Documentation on efforts to educate the public about illicit discharge impacts on the environment in order to promote reporting. Documentation of work with communities and SOCWA to develop a coordinated watershed-wide effort on waste handling, collection, and disposal of household ha7ardous waste, sanitary wastes, yard waste and animal wastes Documentation of work with SOCWA and FOTR to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. Documentation of effort to include public education component in drainage improvement projects. Any changes to the public education program and the task products indicated above must be approved in writing by Wayne County. 3. Subwatershed Management Planning Task Description . The Oakland County Drain Commissioner's Office will work cooperatively with other members of the Main 1-2 Subwatershed Advisory Group (SWAG) to prepare a subwatershed management plan meeting the requirements of the General Permit. The first of this work will include the development of a Public Participation Process which must be approyed by the MDEQ. Within this overall planning effort, the Oakland County Drain Commission's Office will attend meetings of the Main 1-2 SWAG and will attend any additional meetings scheduled for the public participation and subwatershed planning effort. The OCDC will provide information as requested by the SWAG to assist in development of the Main 1-2, subwatershed management plan. The OCDC will provide timely review and comment on draft copies of letters, public brochures, announcements, reports, and municipal resolutions and the Main 1-2 subwatershed management plan as requested by the SWAG. Task Schedule: This task will begin June 30, 1999 and will end May 30, 2001. The Subwatershed Management Plan for the Main 1-2 bwatershed is due May 28, 2001. The Public Participation Process Plan for the Main 1-2 subwatershed is due December 3, 1999. Task Prow- s Reporting: Reports will be sent to the RPO quarterly documenting the Oakland County Drain Commission's Office individual efforts in the planning work. The Wayne County/RPO will prepare a monthly progress report on the entire SWAG collective subwatershed management planning effort of the Main 1-2 SWAG. Task Products: • Participation in the Main 1-2 SWAG. • Subwatershed Management Plan for the Main 1-2 Subwatershed. • Public Participation Process plan for the Main 1-2 Subwatershed. 7 Wayne County RPO Cost Oakland County Drain Commissioner's Office Project Cost 1 Task Number and Title Total Cost I. Illicit Discharge Elimination Program for the Main 1-2 Subwatershed SO S420,000 $420,000 2. Public Education Program a. Main 1-2 Subwatershed b. Middle 1 Subwatershed SO SO $296,337 $96,000 S296,337 S96,000 3. Subwatershed Management Planning for Main 1-2 Subwatershed 1 $O 3150,000 5150,000 Total Project Cost S962,337 5150,000 5812,337 Federal Funding 5558,000 S150,000 5408,000 Oakland County Drain Commissioner's Office Funds 5404,337 i SO S404,337 .1 4 BUDGETS. FULVDING t VD T Total Project Cost (for Oakland County Drain Commissioner's Office) =$812,337 Funding from Rouge Project Federal Grant (for Oakland County Drain Commissioner's Office Activities) =5408,000 Funding from Oakland County Drain Commissioner's Office (for Oakland County Drain Commissioner's Office Activities) = S404,337 Funding for each task is as follows: Both parties agree that the Rouge Project federal grant funds for Task 3, Subwatershed Management Planning, shall be retained, by Wayne County to pay for services by the RPO to prepare the Main 1-2 subwatershed management plan. The RPO will submit to the Main 1-2 SWAG a proposal outlining in detail the services and costs for performance of the work in Task 3. After thorough review and discussion by the SWAG and the RPO on the cost and scope of the planning work, if there is any reduction or increase in the COST, this change shall be reflected in an amendment to this Agreement. 8 percent reimbursement for the City of Wayne Local Funds $404,337 Rouge Project % Fe era! Grant Funding 50.”% Project cost shall distinguish between costs for contracts for planning and design versus costs for construction or implementation of programs, as follows; Total Budget Wayne County RPO cost 3. Participate in Main 1-2 Subwatershed Management Plan $150 000 $150.000 Sub-Total $150,000 Constructiongmplementation Total Budget Wayne County OCDC RPO Cost Co 1. Illicit Discharge Elimination Program in the Main 1-2 $420,000 $O $420,000 2. Public Education Program a. Main 1-2 Subwatershed $296,337 $O b. Nal& 1 Subwatershed $ 96_000 50 . . Sub-Total 3812,337 $O Total S962,337 $150,000 Contractual $150,000 SO $296,337 $ 96_000 -± $812,337 S812.337 Oakland County Drain Commission will document its as follows: Contractual 3. Participation in the Subwatershed Plans work performance and local cost for each task Documentation Method Time sheets & cost summary tab:es for in- kind services Construction/Implementation 1. Oakland County Drain Commissioner's Office IDEP 2. Oakland County Drain Commissioner's Office Public Education Program Documentation Method Time sheets & cost summary tables for in- kind services Time sheets and cost summary tables for in- kind services Reimbursement of Costs The following identifies the funding distribution and under this Inter-Agency Agreement: Total Cost Rouge Project Federal Grant Funds $812,337 3408,000 [ATE C WATF. D6.4VLAE99 FLND fS. C 0 OC DC OC DCATTA. W P D Nove-mb 30, 1999 0 ILLICIT DISCHARGE ELIMINATION PLAN FOR OAKLAND COUNTY Submitted by: George Kuhn, Drain Commissioner OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, MI 48328-1909 PH: (248)858-0958 FAX: (248)858-1066 1.0 LNTRODUCTION This document details an illicit discharge elimination plan for all Departments of Oakland County within the Rouge River Watershed. The Oakland County Drain Commissioner's office (OCDC) is the lead applicant with support from other departments. The Oakland County portion of the Rouge Watershed has been further subdivided into three subwatersheds, the Main 112, the Upper and the Middle 1. The OCDC will coordinate the work with the three Storm Water Advisory Groups (SWAGS), -the multiple municipal interests, the Rouge Remedial Action Plan Advisory Council (RRAC) and other Oakland County Departments to assure an effective effort. The Oakland County communities within the Rouge watershed include: *Auburn Hills *Beverly Hills •Bingham Farms •Birmingham •Bloomfield Hills *Bloomfield Twp. •Commerce Twp. •Farmington •Farmington Hills *Franklin •Lathrup Village •Lyon Twp • •Novi *Novi Twp. *Oak Park: •Pontiac . •Rochester Hills •Southfielcl • Southfield Twp. •Troy *Walled Lake • West Bloomfield Twp. • Wixom In 1987, 1987, the United States Environmental Protection Agency (USEPA) required Phase I storm water NPDES permits for municipal separate storm sewer systems for cities with population over 100,000, George W. Kuhn Oakland County Drain Commissioner January 26. 1999 Loakdaaddraiscoavidep.wpd 1 El I . people per square Pennit PrOC:".Ss. ph ase certain industries, and construction sites over 5 acres in size to complete the II of this permit process has been drafted arid is currently out for public comment. The requirements as drafted aunty to communities with population over 50,000 or more than 1,000 i mile, construction sites over 1 acre in size, and several additional indu=ial categories. It s expected that all of the Rouge River Watershed within Oakland County, except Lyon Township, will b e included in Phase II coverage. In anticipation of the Phase U storm water requirements, the MDEQ developed the Michigan NPDES General Storm Water Permit (General Permit) Municipal entities which seek coverage under this General Permit are required to fulfill a series of requirements which closely match those expected under the federal program. This application identifies a program which will fulfill the requirements of both the current General Permit and the anticipated Phase II NPDES Program. The plan also is divided into both a short term program (covering the initial ,permit period) and a proposed long term program (for application under . _ the Phase II program.) This division recognizes 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. This plan includes a description of a program to find, prioritize, and eliminate illicit discharges and illicit connections identified during dry weather screening activities and a description of a program to minimize infiltration of seepage from sanitary sewers and septic systems into the separate storm water drainage system. The.plan also identifies the interaction and responsibilities of the OCDC as it pertains to other Oakland County Departments and the local communities which he serves. • This general Illicit Discharge Elimination Plan includes a series of deparanent specific assignments. As the program proceeds, these assignments may shift. The final division of work between the George W. Kuhn Oakland County Drain Commission:: January 26. 1999 Loaktandidnioaanvidep...pd 3 departments will be detailed in the Oakland County Storm Water Pollution Prevention Initiative. Once illicit discharges are identified, the type of remedial action required is dependent on the jurisdiction in which the guilty facility falls. The institutional arrangements to address the problem areas will vary from subwatershed to subwatershed and, in fact, may vary within the subwatershed. Illicit discharges are governed by a combination of state, county and local ordinances. The OCDC as the permit applicant will monitor the entire drainage system currently under the jurisdiction of Oakland County including county drains and county road drainage. As areas are identified as being impacted by illicit discharges, the IviDEQ and the contributing local unit of government will be notified. The success or failure of the removal process will be monitored by the OCDC. The actual illicit connectiOn removal will remain the responsibility of the local unit of government. Some communities have chosen to contract with the OCDC to purs -ue illicit connections upstream of the county drainage system. In these communities, the OCDC will accept the responsibility of identifying the individual cross connection. In these cases, the actual removal will be coordinated through the local municipality, the County Health Division and/or the Prosecutor's office. The final enforcement vehicle will be detailed as part of the Oakland County Storm Water Pollution Prevention Initiative. George W. Kuhn Galcland County Drain Commissioner January 25. 1999 i:oakluldictram=atioacp wepat 2.0 ILLICIT DISCHARGE ELLAILNATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Program represents the long term program to which Oakland County can commit for both current and future NPDES requirements. As storm water travels downhill it not only transports pollutants but it also passes through multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sources of those problems but must also identify the entity responsible for the elimination of the pollutants source. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that efficiency is maintained, one unit of government must take the lead. In Oakland County, the OCDC has been charged with this leadership role. The Oakland County Board of Commissioners established a study group consisting of multiple county departments to provide guidance to the OCDC. The OCDC will continue to report to the study group, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very little useful information. In an effort to eliminate the shortcomings of the Phase I storm water permitting process, the OCDC will focus their efforts on those areas which suggest that the watei qrmlity is degraded and that the cause for degradation is =known. As these problem areas are identified, the OCDC will work upstream to pinpoint the • • likely entry of the pollutant. 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinator to oversee and to be responsible for compliance with the requirements of the General Permit Initially Phillip Sanzica, P.E. will serve as the Environmental Coordinator. In the event this responsibility is transferred to another George W. Kuhn • Oaariti County Or Commissioner lantary 26, 1999 LOasind/dnasowsAdep.r.vd 3 a 5 ew ta.../ individual, the Michigan Deparunent of Environmental Quality (MDEQ) Will be notified in writing. Existing In Stream Water Oualitv Data The Rouge Program Office (RPO) has initiated a tong terra, instream monitoring p rogram Which documents the water quality of the Rouge River under a variety of flow conditions_ It is anticipated that the RPO and/or the MDEQ will maintain this monitoring program to measure the success of th e multiple water quality programs currently underway. This data will represent the benchmark data from which the field investigations will be designed. •nnn•• Prior to any field inv'estigations, 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 Naticnal Wet Weather Demonstration Program (RRNWWDP) and information available through the Oakland County Health Division. This water quality data will be screened for consistently high concentrations of bacteria. Bacteria is the most obvious indicator of sanitary discharges into the river. There are also areas where there is little or no benthic life present. This would indicate pollutant sources other than sanitary sewage but may also suggest an illicit discharge. Once an area of the river has been identified as having known contamination, the area will be targeted for future prioritization analysis which will ultimately determine which areas will require additional field activities. 2.3 Complaint Line The OCDC maintains a 24 hour, 7 days a week complaint line. This operation has historically focused on flooding issues. As part of the General Permit effort, the personnel responding to citizens complaints will receive training on how to properly respond to pollution complaints. This effort coupled with an expanded public education effort will allow the public to become the "eyes and ears" to help identify pollutant sources. George W. Kuhn Oakland County Drain Comrnissioncr January 26, 1999 I. oaiJandicininceoviclep. wpc1 a To tailor the complaint receipt and documentation effort, local government field deparnnents, SUCII as the Department of Public Works (DPW) will be interviewed to inquire about any complaints received from the public or unusual observations of the river or storm outfalls. In addition, enforcement agencies such as the NIDEQ, Oakland County Health Division and/or the Oakland County Prosecutor's office will also be interviewed to determine if any documentation may exist on occurrences which would be indicative of an illicit discharge. The information collected during these interviews will be used in prioritizing areas of the river for field investigations. - — 2.4 Reconnaissance Survey .. The OCDC maintains an ongoing reconnaissance survey to establish the condition of their drains. Similarly, the Road Commission for Oakland County (RCOC) regularly surveys their drainage —1 - -sy st e ail Once again, this effort has traditionally focused on drainage and flooding issues. As part of the General Permit effort, these inspectors will be given specific training to aid in the detection of illicit discharges. In addition to these general surveys, a one-time specific reconnaissance surve5 1 of the outfalls and major discharge points to the river will be performed to locate any dry weather ..) discharges. These dry weather discharge locations may be indicative of illicit connections. I . The OCDC has identified the location of the drainage systems under their jurisdiction and the poin- t of discharge for each. the OCDC will work with the ft.00C to assemble similar information pertaining to the road drainage system. When the discharge is to a drainage systems owned and maintained by yet another, non-county entity, this third entity will be identified and notified. The information collected under this activity will be of sufficient detail for its inclusion in the Oakland County Geographic Information System (GIS). 2. As part of their search for illicit drain connections, all outfalls (aboveground discharge \ points) leaving any county jurisdiction shall be visually inspected during dry weather \ periods to identify obvious sips of cross connections. These will include indications of George W. Kuhn Oakland Gaunt), Drain Commissioner January 26, 1999 Leaklandidrainceailidcp wpd 6 George W. Kuhn Oakland County Drain Commissioner January 26. 1999 oaklandldrai oconvidcw...pd 7 fluids, gross solids, discolorations and odors. Ten percent of those outfalls with persistent dry weather discharges will be tested for the pmence of E. coli. As experience is gained on this progam, the percentage of outfalls to be analyzed may vary. 3. Locations identified by visual screening, complaints and water quality data that require follow-up, will be prioritized and re-visited during dry weather periods. 1-17.ose that are suspected of discharging polluting material during dry weather periods will be tested based on water quality problems found in the river. Assistance in sample collection and testing may be requested of the Oakland County Health Division (OCHD) and the Michigan Department of Environmental Quality (MDEQ) when a significant pollutant or complex problem is found. 4. Permit engineers, inspectors and maintenance workers and admin istrators from the OCDC will receive training to help them identify possible illicit discharges and how to report them. Personnel to receive training will include all superintendents, forepeople, crew leaders, survey crews and mowing crews. Potential illicit discharges will be reported to the Environmental Coordinator. 2.5 Support of Local Communities The OCDC will continue to work with the Main 1-2, Upper and Middle 1 SWAGs, the RRAC and all participating communities to develop watershed management plans and non-duplicative Storm Water Pollution Prevention Initiatives. Creorge W. Kuhn Oakland County Drain Commissioner January 26. 1999 add wildrsine.awidep. wpd 8 3.0 ILLICIT DISCHARGES PRIORITIZATION In addition to the base program described in the previous section, a more intensive program will be required under the initial program. Because there has historically been little effort expended on identifying and eliminating illicit discharges, it is anticipated that during the initial permit progam, the program will require an intensive effort. Thus, as the Base Program proceeds, several areas of the river will be selected for further investigation procedures. In addition, based on information collected-during the preliminary process, it may become evident that some areas of the river will need no further investigation. In these "clean" areas, only an ongoing review of the continuous water quality monitoring is required. Areas selected for further investigation will most likely contain storm outfalls from numerous drainage areas. Sources that are discharging sewage or other pollutants will be investigated in the following priority: 1. Areas in which in-stream water quality problems that have been confirmed by sampling will be identified. The Environmental Coordinator will determine if off site drainage is contributing to water quality problems and will develop a plan for further investigation or correction. 2. Complaints related to the discharge of polluting materials will be investigated as they are reported by the county employees or the general public through the compliant system. 3. Those outfalls that are identified to have yielded the highest E. coli bacteria results will be reinvestigated by a visual inspection of the storm drainage system upstream of the outfall. In addition, water sampling and testing will be done as necessary to find the source of the illicit cbnnection. George W. Kuhn Oakland County Drain Commissioner January 26. 1999 . I: ralrionadrai ecomild.p.r.pd 9 4. Suspicious discharge other than bacteria, will be prioritized based on the estimated impact on the river. Ii 10 It I - II I 4.0 PLAN TO ELIMINATE ILLICIT DISCHARGE AND CONNECTION Once the areas are selected for field investigations, facilities within these areas will need to be prioritized for investigation. These facilities may consist of county facilities, industrial complexes, commercial facilities, residential neighborhoods, recreational areas, etc. A visual inspection of outfalls to County owned and maintained storm sewers that discharge into the Rouge -River will be performed during the period covered by this permit. Suspicious discharges identified from available water sampling data, complaints and visual inspections will then be prioritized for sampling. Investigations will be made to locate the sources of pollutants or to find additional evidence of the origin. Those agencies responsible for transporting the illicit discharges will be notified and requested to correct the problem and monitor the discharge to assure correction is satisfactorily completed. Whedapo—tentially illicit discharge is identified, the Environmental Coordinator will attempt to identify the ownership of the discharge point. If another jurisdiction is identified, a complaint will be forwarded to that jurisdiction in writing. If the discharge is from an individual home or business, the local municipality will be notified in writing. In the event . . the illicit discharge is suspected to be sanitary sewage, the OCHD will also be notified. 2. The existing authority of the OCDC and the local municipalities will be used to address illicit discharge and connections. In the event inadequate prowess is made, assistance may also be requested from the OCHD or the IVIDEQ to obtain correc tion. 3. If overflows of sanitary sewer manholes or cross connections to a storm sewer are detected, they will be reported to the local units of government for further action. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 L *aid uulidras econ.iitkp...pd George W. Kuhn Oakland County Drain Commissioner Januar/ 26, 1999 1: paid amildrai ward; &IL w.pd 11 4. After the County has been issued coverage under the general permit, the standard construction specifications will be modified to require contractors to identify and report potendal illicit connections as part of their permit requirements. The wording of the permit guidelines will be developed as part of the approved Oakland County Storm Water Pollution S. The OCDC commits to performing an illicit discharge survey at all Oakland County owned and-operated buildings, yards and maintenance facilities within the Rouge River Watershed. George W. Kuhn Oakland County Drain Conunissione: January 26. 1999 I: oaldandidraisaxa/idep.visd 12 av 5.0 PLAN TO MINIMIZE INFILTRATION OF SEEPAGE FROM SANITARY SEWERS AND SEPTIC SYSTEMS INTO SEPARATE STORM WATER DRAINAGE SYSTEMS 1. The OCDC field personnel will receive training to identify areas where on-site sewage disposal system (OSDS) are suspected of having failed- This includes the identifications of bypass pipes (cheater pipes) and areas where the drain field has failed and sewage is leaching into open drains. Reports of these failures will be forwarded to the Environmental Coordinator for appropriate action. JJ _ __2. OSDS found to be experiencing problems or failing will be referred to the property owner and the Oakland County Health Division. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 I: oallsadidea•seafflAdsp. wpd 13 . • 6.0 IMPLEMENTATION SCHEDULE Within twelve months of the issuance of the Certificate of Coverage the following will be done: 1. A plan and timetable will be prepared in cooperation with the other county departments to seek and find the sources of suspicious discharges that have been identified in association with storm water drainage from the county drains within the Rouge River Watershed. 2. A county-wide complaint system will be in place to log complaints and investigate them. 3. A visual screening of 20% of the outfall sewers within the Rouge Watershed will • completed. 4. Pei-mit inspection and maintenance employees of the OCDC will have been inforniea aüt - the-ne-e-a-to End and eliminate illicit discharges and be informed as to how the complaint system will be made available to them. 5. A list of illicit discharges and the corrections status of each will be maintained by the Environmental Coordinator. 6. A procedure will be developed in cooperation with the OCHD, the MDEQ and the Prosecutor's office to coordinate complaint responses and follow up. 7. An Oakland County, Rouge River Drainage map will be initiated to digitally indicate the ownership of the drainage courses. 14 Twelve to sixty months following the issuance of Certificate of coverage the following win b e accomplished: 1. Visual screening of the remaining outfalls will be completed. 2. Suspicious outfalls that had a dry weather flow during visual screening will be tested for suspected pollutants. 3. The Oakland County/Rouge River Drainage Map will be completed and recorded in digital form in the Oakland County GIS. George W. Kuhn Oakland County Drain Commissioner January 26. 1999 I. asklaad/drsiscoveAdep..pd 15 7.0 ANNUAL PROGRESS REPORTS At the end of the second year and every year thermiler, the Environmental Coordinator will Prepare and submit to the MDEQ the following reports: I. A summary report will be prepared listing the number of complaints received, investigated and the general results of the investigation along with any actions that were taken place to correct the problem. An index map will be included, to show the areas under investigation. • 2. A listing of the entities found to be improperly connected to the storm or sanitary sewer will be prepared and maintained by the OCDC. 3. A listing of on-site sewage systems found to be improperly functioning and actions taken to correct problems will be prepared and maintained by the OCDC. 4. A list of outfalls and manholes tested and results of those tests will be prepared and included in the annual report. I George W. Kuhn Oakland County Drain Commissioner January 26. 1999 Loald amelidraiaconvi dap. repd George W. Kuhn Oakland County Drain Commissioner January 26. 1999 loalrlandidniescroAdep..14 16 8.0 THE ROLE OF THE LOCAL UNIT OF GOVERNMENT While the OCDC has the legal authority to preclude pollutants from being discharged to their drainage ways, as a practical matter this is very difficult. There are very few env Points which represents the discharge of a single discharger. Thus, should the county choose to block off the entx y point of contaminated flow, many law abiding customers would be impacted. For this reason, it is imperative to work cooperatively with the local units of governments and thereby facilitate the investigations of the upstream collection systems. Some communities will choose to manage their own collection system. In these cases, the OCDC will notify them of the suspected illicit connection as well as notifying the MDEQ. The community will then be left to their own devices to investigate, identify and remediate the illicit discharge. These communities would also likely have requested individual coverage under a General Permit and therefore would be managing their own illicit connection program. _ Other communities will choose to relegate their responsibility to the OCDC. In these cases, the communities would seek coverage under the General Permit but would also enter into an interagency agreement between the commui2ity and the OCDC to grant the OCDC the authority to investigate illicit discharges within the cities collection system in return for a fee to be paid to the OCDC. 17 9.0 PREVENTION OF FUTURE ILLICIT DISCHARGES Once a thorough program of illicit discharges has been completed, an on-going effort will be initiated to prevent reoccurrence of these problems. The program will be divided into two categories, traditional illicit connections and failing septic fields. 9.1 Illicit Connection • All new taps into a county owned and operated storm water collection system must certify that the ( --) connection is free from illicit discharges and must be approved by the permit engineer. The procedures required for this certification will be developed as part of the approved Oakland County • ,Ztorin Water Pollution Prevention Initiative. 9.2fan to Minimize Infiltration of See acre Sanitary and Septic Systems into Separate Storm Water Drainage System Any OSDS found to be failing and draining into a county right of way will be forwarded to the local community and the OCHD. Failures are expected to be identified as part of the OSDS evaluation program and in response to complaints. City policies and requirements for connection to sanitary sewers will remain the purview of local units of government and will be reviewed to provide incentives to connect to the sanitary sewer and/or to ease the financial burden of sewer connection_ The detailed site inspection will be left to the local municipality and/or the OCED. Georg:. W. Kuhn Oakland County Drain Commission= January 25. 1999 t:Midandidrti nCOneoldep.vepd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 aeldasainiaccoalidep.v,* 18 10.0 POST IMPROVEMENT WATER QUALITY EVALUATION Upon completion of the illicit connection elimination activities, water quality will be evaluated to document conditions of the water quality following the remethation effort. This water quality dat a is required in evaluating the effectiveness of the illicit connection elimination program. The Rpo and the OCDC will oversee the long term water quAlity sampling program. PUBLIC EDUCATION PLAN OAKLAND COUNTY SUB M111 ED BY: GEORGE KUHN, DRAIN CONEMISSIORER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BLTELDLNG 95 WEST WATERFORD, MI 48328-1907 PH: (248) 858-0958 FAX: (248) 858-1066 This pErrTalt application is submitted by the Oakland County Drain Commissioner (OCDC) seeking coverage for all County owned andfor operated facilities within the Rouge River Watershed. The public education efforts will be carriea out by a number of County departments but will be coordinated through the Drain Commissioners Office. These departments include but are not limited to: the Department of Facilities Maintenance and OperatiorTs —(FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and -t-h-e Parks and ReCreation Department (PRD). This Public Education Plan follows the format recommended by the Michigan Department of 1 Environmental Quality (IvIDEQ) and includes the six major sec tions required in the Permit. A majority of the public education effort identified in the permit apDlicatioa is most appropriate to _ local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coordinate with both the local cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. Encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into applicant's separate storm water drainage system. Gcorge W. Kuhn Oakland County Drain Commissioner January 26, 1999 . support them if called upon. Additionally, the OCDC will insure that supported / 1 CTV "hot lines' are educated properlyiA strategy for educating the public about None. Future Effort: As part of this Illicit Discharge Elimination Plan, the OCDC is establishing a centralized complaint sysiem for the reporting, responding and tacking of environmental complaints. The OCDC staff shall work with the CTVs and 3 George W. Kuhn Oakland Counry Drain Commissioner Jant.mry 26, 1999 .7nMvser shatkoun riggApubl ic ed. wpd To the maximum extent practicable, the Office of the OCDC will address the County responsibilities by promoting and supporting existing public involvement programs such as the Rouge Education Project, the Rouge Rescue, the Rouge Friendly Business Progam and the Rouge Friendly Neighborhood Program. Activities would include such projects as storm drain stenciling, River Watch and River Stewards. Existing public education efforts and anticipated future efforts for each of the Required Elements are briefly described below. a. Encourage the public to report illicit discharges or improper disposal into 'storm sewers. - - Existing Effort: . illicit discharge impacts on the environment will be developed in order to promote reporting. b. Education of the public on the availability, location and requirements of facilities for the disposal or drop-off of household hazardous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, and motor vehicle fluids. Ge=3: 71. Kann Qd Catimy Or Commissioner lancnry S. 1999 2.0 ILLICIT DISCHARGE ELLNIINATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Program represents the long term program to which Oakland County can commit for both current and future NPDES requirements. As storm water travels downhill it not only transports pollutants but it also passes through multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sotuces of those problems but must also identify the entity responsible for the elimination of the pollutants SOLTCe. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that efficiency is maintained, one unit of government must take the lead. In Oakland County, the OCDC has been charged with this leadership role. The Oakland County Board of Commissioners established a study gotrp consisting of muldpie county depar=ents to provide guidance to the OCDC. The OCDC will continue to report to the study oup, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very. Little useful infer:nation. In an effort to eliminate the shortcomings of the Phase I storm water p.,erreirting process, the OCDC will fccus their efforts on those areas. which suggest that the water quality is degraded and that the cause for dezadation is =known. As these problem areas are identified, the OCDC will work upstearn to pinpoint the likely :tan:, of the pollutant. 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinate:- to oversee and to be responsible for compliance with the requirements of the General Permit_ IrEdaily Phillip Sar7 4ca, P.E. will serve as the Environmental Coordinator. In the event this resp-AoesiPiEry is ansferped to another 5 George W. Kuhn Oakland County Drain Commissioner January 26. 1999 wp1.wrsherfficauntyglAp.agicalo.pd u44., opportunities, mechanisms and information for educating the public on thes e issues. The OCDC office will work with the PRD to obtain and distribute fact I. sheets on fertilizer and pesticide application from the MSU Extension Servicje • SOCWA and the Rouge Program Office (RPO). d. Public education concerning materials and procedures for residential car washing. Existing Effort: • None. • Future Effort: The OCDC will support local community efforts to modify residential car • •washing practices. e. Public education concerning the ultimate discharge point and potential impacts from storm waterpollutants. Existing Effort: None. Future Effort: The OCDC and DCED Will distribute edtx.ational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project The FOTR coordinates four Rouge George W. Kuhn Oakland County Drain Commissioner January 26. 1999 wpWraerittarcounengplpubliecd,wp4 7 participates in the Middle 1 and the Upper Subwatersheds. To date, these groups h ave focused on the concerns of the municipal and County entities impacted by the storm water management requirements. As these responsibilities have become better defined, an outreach effort has been initiated. This effort has resulted in the participation of the FOTR, the Clinton River Watershed Councils, the SOCWA and the RRAC. Additional participation will be encouraged. It is anticipated that the Watershed Planning Public Participation process will also be a _ • -forum for involving stakeholders in the development/modification of our community's public education plan_ Oakland County is a stakeholder in this group but only a stakeholder. The County must look to the communities for leadership in addressing the neighborhood groups and the block clubs. This is where true public education can be effective. The County will be a full participant in this process. Revisions arid input regarding the Public Education Plan are expected and welcome throughout the Watershed Plan development process. 3. PRIORITY CONCERNS TO BE ADDRESSED IN THE FIRST YEAR Based on comments received from stakeholders, the County will initially focus its first year of public education efforts on relatively simple concepts such as 'Watershed Awareness,' "Storm Water Management' and °Our Actions Affect the River' targeted at home and business owners in Oakland County. Although the Rouge River passes through Oakland County, few people see it on a daily basis. Raising awareness about the connection of the Rouge River to our County vs ,ith upstearn and downstream public access areas will be a priority. Educating County staff and fostering cooperation and partnerships with existing organizations, groups and agencies involved in educating the public regarding storm water management will also be a priority in the first year. 1 1 5. OTHER ORGANIZATIONS ASSISTING WITH PUBLIC EDUCATION List the organization, the program assistance and the contact person. ORGANIZATION . PROGRAM CON-TACT Friends of the Rouge Rouge Education Project, Rouge: Rescue, Tracy Cyr (FOTR) Rouge Stewards Frog= Jim Graham Southeast Oakland Household Hazardous Waste Collection/ Lillian Dean County Water Authority Education, Yard Waste Management and Torn Waffen (SOCWA) Healthy Lawn and Garden Program . Rouge Program Office Rouge Friendly Business Program Karen Reaume ' (RPO) , E. L. Johnson Nature Stewards of the Land E. L. Johnson ' Center Nature Center , _ Oakland Schools _ " If You Love This Earth" Lamoine Motz Science, Matharnatics & Dave Houzel j Technology Center -- - _6. SCHEDULE FOR PUBLIC EDUCATION PLAN meLEMENTATION - YEAR I Based on comments received from stakeholders, Oakland County will encourage participation in the following public education activities in this first year. Activity #1: Target Audience: Messages: Description: Timetable: Responsibility: George W. Kuhn Oakland Counri Ci Commissioner January 26. 1999 wpkweunhoisowernrostl.c.1..74 Heighten Visibility & Promote School Water/Resource Monitoring. City Council, school officials, and all residents. Although water quality has improved, pollutants remain in the water Presentations to City Councils and School Boards encouraging participation in the Rouge Education Project. Contact teachers currently participating in Rouge Education Project Prior to presentations, press releases to heighten visibility. Coordinate presentations with OCDC staff, teachers and students. Ten presentations throughout per.it period. Oakland County Environmental Coc7 -iinator 9 • Timetable: Responsibility: Timetable: Responsibility: 11 George W. Kuhn Oakland County Drain Commissioner January 26, 1999 .711ratrittedIcauntygOpub4ice14,1X1 /.1* Messages: Description: Timetable: Responsibility: Activity #5: Target Audience: Messages: Description: Activity #6: Target Audience: Messages: Description: groups. "Dump no waste. Drains to Rouge River." Support FOTR progam that actively and systematically stencils storm drains and shares information throughout the residential neighborhoods and commercial business areas of communities. Coordinate efforts between OCDC, FOTR and Oakland Schools. Immediately. Oakland County Environmental Coordinator Tributary Sigiage at County Road & River Crossings. Drivers, passengers and citizens. Connection to the river. You are in a Rouge River community. Sips will be placed.at roadway/river crossings identifying the Rouge River and its tributaries (e.g. "Creek Tributary of Rouge River"). Additionally, watershed/subwaterslied boundaries will be identified (e.g. "Welcome to Rouge River Watershed", or "Entering Franklin Branch Watershed"). 10 signs to be installed during permit period. Oakland County Environmental Coordinator Co-sponsor Information Outreach Workshops. Community residents. Environmentally-friendly lawn & garden bare. Work with SOC WA, MSIJ Extension and FOTR. Three workshops will be held throughout the permit period to inform residents about healthy lawn and garden principles and practices. The permit period. Public information officer. Gcorge W. Kuhn . Oakland Counry Drain Commissioner January 26, 1999 . wow.r.a.dka.mywc.:Ac.i,n4 13 Responsibility: Public Information officer. 7. RELATIONSHIP TO WATERSHED MANAGEMENT PLANNING Based on initial discussions with fellow subwatershed communities, effective public education regarding storm water management will be a specific goal of the Watershed Management Plan. The Public Education Plan as submitted with the permit application is recognized as simply the beginning and is therefore somewhat vague. With experience gained as Watershed Management progresses, appropriate modifications will be made to the Public Education Plan. 8. PLAN FOR EVALUATING IMPACTS The Public Education Plan will be evaluated based on progress made towards the objectives described above. We are coglizant of the public survey performed by the RPO in 1993. It is anticipated that through the Watershed Planning Public Participation process, we will be able to gauge our community's baseline awareness CT -itorm water management -and perception of the Rouge River. • V . During the Watershed Management Plan development process, the need to evaluate the success or impact of the Public Education Plan Will be likely and will be discussed. Oakland County will participate in future snrveys and/or studies to evaluate public education plan impacts with fellow subwatershed communities, the Friends of the Rouge, as well as other organizations and agencies involved in storm water msnlgement/watershed management educational efforts. Simple mechanisms for evaluating the impact of the individual Public education activities *described above will also performed. Tracking the participation of the community schools, community groups, and individuals in 'existing Rouge River educational programs will be one method of evaluating impacts. It is anticipated that the evaluation methods and results will be briefly described in the annual permit report. U.S. U.S. ENVIRONMENTAL PROTECTION AGENC' - EPA ASSISTANCE AGREEMENT / AMENDMENT 1. ASSISTANCE 10 SC. X 4:..c 574-3-7A-0 I ti lifICF.Y42F39S28 2. ThGNijaeaP3ge I 015 CS-X 'CC° TNC Q - , .1...emeconane AJMIMMI.11/111 3. PAYEE WAYNE COUNTY- MICH:GAN 415 CUFFCRD DETROIT, MI 48225 COUNTY CR ?Ai COUNTY CR PARtS'ri 12 CC NSLI LTANT (wwl c.),mitruoon arum. wir,i) N/A 14. EPA PROJECT/ STATE OCE.R AND TELEPHONE NO,. WOJCIK WAT-ER DIVISION WS-15J. (312) 8E6-017 4 10. RECIPIENT TYPE EN NO. 28-;.:CC4895 LCONGRESSIONAL DISTRICT 1:3 1. PROJECT MANAGER AND TELEPHONE NO. JAMES E MURRAY (313) 224-3631 13. ISSUING OFFICE (CITY / STATE) LIS ENVIRONMENTAL PROTECTION AGENCY ACQUISITION-ASSISTANCE SRANCH US EPA, REGION 5, MC-10J 77 'N JACKSON BLVD CHICAGO, IL 50604-359C I E 1 I r 1 0 }G i 1 rN I T IC 17. SCIENCE FiELZ NA 1 18. PROJECT STEP twyrr C4"1021.10=1011 Gnfral Cniy) 121. STEP 2 - 3 STEP 3 (ww7 Cortscrua=ae. Glares OMNI a. Trakeermare Fy :997 ?:.? ROP RIAT: ONE ACC 104-294 PRC-ECT TITLE. AND DESCRIPTION Pto..et Typo c. Treatmerrt ?mesa Sit/Clc _ N/A THIS ACTION SI 5.CCC.00O FORMER AV/ARC 40 CI SC" 0 13.CSG.909 C:ty / P'ace ROUGE RIVER WATERSHED 22. PRO.:ECT LOCATION (Ataa. ST...acted So Ccu rrty WAYNE FUNDS :11-*.ala moura Ur•C•Per.C.ICI PflOf 'feat' 3.6Lartee CtAct ;.carral Funca 2. qweso.erc Carcrtescaan It State C.2...nr.b6mon IC LOCA. C.....ecn0.40n1 37. 01.1er C.A.TTIN.Von Prorect Came Site Name 3 01) Cocurnent Cantrol Number PWX010 FY I A 53rop. I 3udget f Program Organization E.:err:en: E 0530AKS N3X 98 ! 3.*:.e/Projec.: ! Cos: j Obliganon . Organization! 0eobiigatiorl G:ass S. C CC. 000 PART I - ASSISTANCE NOTIFICATION INFORMATION 1 ! 3. AGREEMENT TYPc 16. PAYMENT METHOD •G‘i ACH -0572 ! X I 3...$ ?vrewnt Raqu.nat ffc 7. TYPE CF ACTION I COMPTROLLER ERANCH, MF-1C1J CONTINUATION I I Acesa.. 3. :RECIPIENT WAYNE COUNTY - MICHIC-AN 415 CLIFFORD DETROIT, MI 4.8225 15. =PA CONGRESSIONAL LIAISON PHONE SAFiEAPA SROOKS, (202) 250-5560 7ATIJTORY AUTHORITY 16. STATE APPL 10 10'...e.srto•-....) N/A 7.•.J. REGULATORY AUTHORITY CF-74. ROUGE RIVER NATIONAL W..-77 WEATE.R DEMONSTRA.7.ON f24. 'ASSISTANCE PROGRAM (CA Pftsriiii., se. J.7-.tho : 27. COMMUNITY POPULATION orwr z..3.,..e-uerio. Otenta Only) 1 Stat. 1 Cc.grearaorhai Cliaer.0 1 MI I MU LT IF- LE 125. 3uDGET-PERI00 0E701/98 - 12131100 . i 23. TOTAL PROJECT PERIOC 0057 529.090,905 ! I AMENDED 70TAL N/A 125. PROJECT PER100 ! 06/01/98 - 1 2231/CC I 2S. TOTAL 3UCGET PERIOD COST 529.090,905 E? PG.,. 57".3-27.4 s-a.3.). gds.° of, •n4 rr,:).(A.3.Z. all of ...n.ch ate oesowts. APPROVED BUDGET • _ cENriFICATION: X 995-744-0 TABLE A - OBJECT CLASS CA I'EGCRY . , — TOTAL APPROVE!: At..LcwAeLc (16.1-uonaaruczkvni = 7 BUDGET PER1co CcsT - - , '. PFRSONNEL S7F...6.3C8 FRINGE 3ENEF: IITS - 701.92a — .L., TRAVEL 78.100 .t. EGUIPMENT 88.700 5. SUPPLIES 25.200 i. crRAc-ruAL 5.246.703 • 7. CONSTRUCTION 18.5.95.000 3. OTHER 70.069 • -.1. TCTAL DIRECT CHARGES S28.8.4,3.00.9. :o. INCIRECT COSTS: RATE 17.00 ". BASE 1 . 458.237 247,900 :1. TOTAL (Share: Recipient 45.00% Federal .CO55%4 520.090,909 SI 6.200.000 Ir... TOTAL APPROVED ASSISTANCE. AMOUNT . ' TABU 3- PROGRAM ELEMENT CLASSIFICATION Z. 4. - .-*. 5. i 3. 12_ TOTAL (Share: Recipient % Federal %.) 1:. TOTAL APPROVED ASSISTANCE AMOUNT • TABLE C • PROGRAM ELEMENT CLASSIFICATION -:- (c.xwent.-son) 1. ADMINISTRATION E<PENSE PRELIMINARY PENSE :. LAND STRUCTURES. RIGHT-CF-WAY ..... ARCHITECTURAL ENGINEERING 3A5IC FEES -=_ OTHER ARCHITECTURAL ENGINEERING FEES _ _ 5. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT 3. RE!...C.1CATION -7-1 .ENSE 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS lc, DEMOLITION AND REMOVAL 12. EGUIPME.NT I I MISCELLANEOUS . 1 4, TOTAL 1 5.. ESTIMATED INCOME :-ri .12.‘;,......1 1E. NET PROJECT AMOUNT (Lin< .1,1..nus :51 IT. LESS: INELIGIBLE EXCLUSIONS 13 ADO: CONTINGENCIES . TOTAL (Share: Recipient % Federal %.) 2'.'... TOTAL APPROVED ASSISTANCE AMOUNT $700,7:04% (Rev S-421 ASSISTANCE ICENTIFIC.ATICN: X 9457 4-3-34-0 Pace 3 of 5 .pARTii - AWAFIC CCNCITICNS - TERMS AND CONDITIONS THIS AWARD IS IN RESPONSE TO THE RECIPIENTS JUNE 3. 1997, APPLICATION. 1. RECYCLED PAPER Pursuant to EPA Order 1000.26, 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 wfth Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act cf 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 solic;tation 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 m.iximum pahdcipation by SBPAs; 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 Minonty Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. 'Requiring the contractor; if it awards subc7-racts, to take the affirmative steps in subparacraphs a. through e. of this condition. 3. FAIR SHARE The recipient must ensure to the fullest extent possible that at ieast 8% (Equipment), 8% (Supplies) and 20% (Construction) of Federal funds for prime contracts or sulfetntracts for supplies, construction, equipment or services are made available to organizators owned or controlled by socially and economically disadvantaged individuals and historically black colleces and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% (Construction) of such funds are made available to orcanizations owned or cont.:oiled by women. The recioient agrees, in the event of any contracting, to indute in its bid documents a 8% (Equipment), 8% (Supplies) and 20% (Construction) MBE ant 4% (Equipment), 4% (Supplies), and 8% Construction) WBE "Fair Share" and require all of its orime contractors to include in their documents for subcontracts 8% (Equipment), 8% (Suppiies) and 20% (Construction) MBE and 4% (Equipment), 4% (Supplies)-, and 8% (Construction) WBE "Fair Share" percentages. The recipient also acrees to comply with the six affirmative steps of :ne "Fair Share" policy stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate. f.1 1700-7.1...°•-n 5-17.1 ASSIST.1NC !CENTTFICATICN: X 94574.1-14-3 • ?ART III - AWARD CONDITIONS Pigs 4 If 5 - • In the event race and/cr gender neutral etforts Prove to be inadequate to aciheve a fair 'share objective for M8Es/V/6Es, the recipient agrees to natty EPA in advance of any race an&cr gender conscious action it plans to take to more ciasely achieve the fair share objective. The State and/or recipient agrees to submit EPA Form 570C-52A "MEEWEE Utilizatcn Under Federal Grants, Coaperative Agreements, and other Federal Financial Assistance", to the EPA award official beginning with the Federal fiscal year quarter the recipient awards its firs: contract and continuing until all contracts and subcontracts have been reported. These r=ocr_s must be submitted to the award official within 30 days of the end of the Federal fiscal qua -=r (January 30, April 30, July 30 and October 30). PUBLIC ACCOMMODATION The recipient agrees to ensure that all conference., rheetng, convention -or training space funded in whale or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 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. iIii II NOTE: SIGNATURE 'no TYPED NAME AND TITLE / i?C•'/gLi //./7 .(Ab9M4R6 V • - E /tVz.c- co• r,, 171),1304 OAT "if, r • SPECIAL CONDITIONS ASSISTANCE IDENTIFICATION: X 99574304-0 _PI9e S of S PART IV The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division tor Headquarters awards and to the appropriate Grants Administration Office for State and local awarcs within 1 calendar weexs after receipt or within any extension of time as may be granted by EPA. Receipt at a written refusal or failure to return the properly executed document within the prescribed time, may result m 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 after the Agreement, shall void the Agreement OFFER AND ACCEPTANCE The United States of America, acting tSy and through the U.S.-Envircesmental Protection Agency (EPA), hereby offers assistance/amendment to the WAYNE COUNTY. MICHiGAN for 55.00 S of all =proved RECIPtr_N costs incurred up to and not exceeding 16.000.000 for the support of approved budget period effort ciescnbed ASSISTANCE AMOUNT in application (Including all application modifications) cited in hem 22 of this Agreement ROUGE RIVER NATIONAL WET WEATHER DEMONSTRAllON DATE AND TITLE • included herein by reference. _ • ISSUING OFFICE (Grants Actruniammen Cetfle,) ORGANIZATION / ADDRESS ACOUISMON-ASSISTANCE BRANCH US EPA. REGION 5, MC-10J 77 W JACKSON BLVD AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS WATER DIVISION US EPA, REGION 5, IN-' 5J 77 W JACKSON BLVD THE UNITED STATES,OF AMERICA BY THE U.S ENVIRONMENTAL oPIOTECTION AGENCY SIGN#TUpIVF, _Z_TYPED NAME AND 7:TLE. JO LYNN TUB, DIRECTOR. WATER DIVISION. REGION 5 This agreement is trObject to appylable U.S 'nvironmental Protection Agency statutory provisions and assistance regutions. In ‘7 accepting this award or amendment and y payments made pursuant 'thereto, (1) the uncersisned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subiect to the applicable provisions of 4-0 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 ary fcund by EPA to have Peen overpaid will be refunded or credited in full to EPA. BY ANO ON BEHALF OF THE DESXNATED RECIPIENT OROANIZATION • iL•CN, 99574.:,/-2 TERMS AND CONDITIONS TERM AND CONDITION NUMSER 9 HAS SEEN ADDED AS FOLLOWS: 9. Y2K COMPLIANCE Your assistance agreement may produce electronic date-sensitive den or systems that use such data. Any information technology purchased, produced, submitted or exchanged under this agreement must be capable of processing data according to EPA's Data Standard fcr representation of calendar dates (EPA Directive 2100, IFIM Policy Manual, Chapter 5, Data Standard). This information is located on the EPA website (http://www.epa.goviirmpoli8/polmanichaptr05.txt.htrni#calendar). Information technology acquired under this agreement should be consistent with the technical Year 2000 requirements as described in the Federal Acquisition Regulation 39.002. This information is located on the official GSA website (http://www.arnet.govgar/97-05/html/39.htrn1). ALL. PREVIOUSLY CITED TERMS AND CONDITIONS REMAIN THE SAME. -.6 • -71 !PA form 3703408 (P.m tlial UNITED STATES ENV1RCNMENTAL RCCT1CN AGENCY 7. 74. RC-;;CNI 5., 77 WEST JACKSON aCULEVARD CHICAGO, IL 50604-3,0 .4c A•Ott"•• • A . AT7-CNIICN CF. jail 16 12gfi. , • p • • . • se 4 • • • *di. (e). 4417 ••n•••••••‘, MC-101 Mr. Butler Benton. Jr. Director of Administration Wayne County Department of Environment 415 Clifford Detroit. MI 43226 Re: WBETM3E Fair Share Goal De= .Mfr. Benton: I This letter will confirm our teiechone c.ail of June 15. :998 re2ardirig the correction cf he services goals of ail of Wayne County Deparmaent of Environment's proposed fair share for your assistance agreements with the United States Environmental brotection Agency (USEPA). As you may know, under USEP.A.'s interim M:BEWBE pclicy, these goals av also be used by local government and non-profit recipients in Your rate in Lieu of conducng an independent availabiliry-analysis.--On behalf of-Re2ion-5, we-thank :hou arad your staff for the courtesy and cooperation during this proces. For FY98, the fair Si7.2--7: goals for your assist=ce agree:me:v:5) will be : SRF Consnuction /0% MBE 10% W 7-- Service 20% ,LBE 10% WBE Equipment 3% MBE 4% WEE Supplies 3% MBE W37: Although USEPA's final 2vE3aWBE policy is Still under consideration. because of the United States Supreme Court holding in ..1.cirand v. Pena, it is bossibie CSEFA rate gran: recipients may ':.-,e recuired to oerfcr- an anrial availability analysis befoc a rant can be awarded. Similarly, the draft Final MPr,-.1Vv-3E Guidance recuires all Tran:ets to track their acquIsition of supplies. services. ecuinm.enz Ind const.:-..:ction by ciernographic status of the cor.r-...2c;•r or vendor. We readze that these rectiiremenzs may :lace additional burdens on you.: resources and we urge you to plan for the= in advance. Accbrding to US =_—?A's Office of GenernI Counsei- at ieasz part of the expense of perfo=ing an availabili7 analysis would be an allowable expense under US 7PA .; State Revolving Fund and Superfurid Pecvcier-APecreenie • Prtraec vecatazte aasea Snes 50% Pec.cre Pacer rZr.."". •P7..s..=nst:rret) • ••• US EPA's Grants Adminiszation Division and Oce of Small and Disadvanta2ed Business Utilization are directin g the revisions to the NIBETWBE policy. It is their intention to pronaulzate forrhal N,CBE/WBE re gulations applicable to ail 1JSEPA grants. Sinct they will a ffect your USEPA rants, we su ggest that you consider cotrznentina on the proposed re gulations during the rule makinz. process. If I can 'cc of an y assistance, please do nor hesitate :o call. M y direct dial number is (312) 353-5677. Sincerel y, r ! kobert. l."*Rithardson• Regional MBE/WBE Coordinator Robert Springer Assistant Regional Adminisator Lynn Dcziey Associate Rezional Counsel THIS LETTER WAS ALSO SENT TO THE FOLLOWING PERSONS: M. GADE C-. HUGHES 5. HAMILTON P. LARSON 5. NOVAK " • ked0 ./ • George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpWrasnhedkowygp*ublicad.wpi 1 PUBLIC EDUCATION PLAN OAKLAND COUNTY SUBMIllh,D BY: GEORGE KUHN, DRAIN COMMISSIONER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, MI 48328-1907 PH: (248) 858-0958 FAX: (248) 858-1066 This pdrifilt application is submitted by the Oakland County Drain Commissioner (OCDC) seeking coverage for all County owned and/or oprated facilities within the Rouge River Watershed. The • public education efforts will be carried out by a number of County departments but will be coordinated through the Drain Commissioners.Office. These departmentsinclude but are not limited to: the Department of Facilities Maintenance and Operations (FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and the Parks and Recreation Department (PRD). This Public Education Plan follows the format recommended by the Michigan Department of Environmental Quality (MDEQ) and includes the six major sections requirdd in the Permit. A majority of the public education effort identified in the permit application is most appropriate to local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coordinate with both the local - cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. 'Encouragement of public reporting of the presence of illicit dispharges or improper -disposal of materials into applicant's separate storm water drainage system. George W. Kuhn Oakland County Drain Commissioner January 26. 1999 svp\watramd%ca*A•frsp*Abficad..,41 2 4 b. Education of the Public on the availability, location and requirements of facilities for the disposal or drop-off of household hszirdous waste, travel trailer sanitary wa stes, chemicals, grass clippings, leaf litter, animal wastes, and. motor vehicle fluid s. c. Education of the Public regarding acceptable application and disposal of pesticides and fertilizers. d. Education of the Public concerning preferred cleaning materials and procedures for residential car washing. e. Education of the Public concerning the ultimate discharge point and potential impacts from the separate storm water drainage-system serving their place of residence. _ f. Education of the Public about their responsibility and stewardship in their watershed. Education of the Public concerning management of riparian lands to protect water quality. Throughout the term of the permit it is anticipated that a combination of public information mechanisms will be used to inform the Oakland County residents and businesses of their inipact on water quality of the Rouge River. These mechanisms will include community newsletters; cable TV programs/ads; brochures/flyers in public facilities and public facility displays. g. 3 George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wOwstrshedkounrfiefuhlicativpd Ei .114. To the maximum extent practicable, the Office of the OCDC will address the County responsibilities by promoting and supporting existing public involvement programs such as the Rouge Education Project, the Rouge Rescue, the Rouge Friendly Business Program and the • Rouge Friendly Neighborhood Program. Activities would include such projects as storm drain stenciling, River Watch and River Stewards. Existing public education efforts and anticipated future efforts for each of the Required Elements are briefly described below. a_ Encourage the public to report illicit discharges or improper disposal into 'storm sewers- _ Existing Effort: None. _ Future Effort: As part of this Elicit Discharge Elimination Plan, the OCDC is establishing a centralized complaint Stein for the reporting, responding and tracking of environmental complaints. The OCDC staff shall work with the CTVs and support them if called upon. Additionally, the OCDC will insure that supporte/fl CTV 'hot lines" are educated properldA strategy for educating the public about illicit discharge impacts on the environment will be developed in order to promote reporting. b. Education of the public on the availability, location and requirements of facilities for the disposal or drop-off of household hazardous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, and motor vehicle fluids. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpw.ursh.ncounryszopubticcavim 4 Existing Efforts: Waste handling, collection and disposal has been the purview of the local municipalities for many years. The County retains the responsibility for planning and regulating some aspects of the industry. Drainage areas in which waste handling practices cause foreign materials to enter a County drainage network is an area where multiple agencies retain some responsibility. The OCDC will work with municipalities to assure that improper practices are discontinued. In - — addition, the Southeast Oakland County Water Authority (SOCWA) has been active in collecting household hazardous wastes and educating the Oakland County citizens on how to reduce and use these materials. Future Effort: The OCDC will work with the local cdramthitie.s -and SOCWA-to develop a---- -- ----- coordinated watershed-wide effort Staff will also Work to identify potential information gaps (e.g7 travel trailer sanitary wastes) and investigate opportunities, other mechanisms, and information fOr better promoting the water quality benefits • of properly handling and disposing of these materials. _Staff will also work with other Oakland County Departments to better coordinate, expand and improve their__ _ educational efforts in this regard. c. Public education concerning application and disposal of pesticides and fertilizers. Existing Effort: None. • Future Effort The OCDC is aware of both the SOCWA Healthy Lawn and Garden Program, which addresses yard waste reduction and water quality protection, as well as the Friends of the Rouge (FOTR) efforts to curb the use of pesticides and fertilizers. Over the term of the permit and the watershed planning process, the OCDC staff will work with SOCWA and FOTR, as well as others, to identify and implement George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpw.ursh.occunryssp.blic.swpe 5 opportunities, mechanisms and information for educating the public on these issues. The OCDC office will work with the PRD to obtain and_distribute fact sheets on fertilizer and pesticide application from the MSU Extension Service,• SOCWA and the Rouge Program Office (RPO). • d. Public education concerning materials and procedures for residential car washing. Existing Effort: None. Future Effort: The OCDC will support local community efforts to modify residential car •washing practices. — e. Public education concerning the ultimate discharge point and potential impacts from storm water...pollutants. Existing Effort: _ . . None. _ Future Effort: The OCDC and DCED will distribute educational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project The FOTR coordinates four Rouge , George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wOrstrsitalkountylp1publicad.wpd 6 g- Rescue sites within the County each year. Storm drains have been stenciled in several areas in the County. .Future Effort: Oakland County is presently working with FOTR, Oakland Schools, local communities and the RPO to promote the variety of ongoing public education programs being implemented by these entities. Efforts to coordinate storm drain stenciling, the River Watch Program, and Rouge Rescue sites between communities, school districts, and schools are underway. These efforts will be continued. r - Public education concerning management of riparian lands to protect water quality. •••• Existing Effort: The DCED has iponsored several workshop to promote "Smart Development." These programs encourage protection of riparian lands. Future Effort: A public education component will be included in all new drainage improvement projects to inform the residents of Oakland County of the negative impact of some types of development on Water quality. The DCED will continue to promote "Smart Growth" as well as encourage the vision of the Rouge River as a resource worth protecting. 2. STAKEHOLDERS, INDIVIDUALS, AND ORGANIZATIONS CONTACTED IN THE PROCESS OF PREPARING THE PUBLIC EDUCATION PLAN The OCDC continues to facilitate the Rouge River Main 1/2 Subwatershed and George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wowursharkawygopublicedmxi 7 these groups have participates in the Middle 1 and the Upper Subwatersheds. To date, focused on the concerns of the municipal and County entities impacted by the storm water management requirements. As these responsibilities have become better defined, an outreach effort has been initiated. ThiS effort has resulted in the participation of the FOTR, the Clinton River Watershed Councils, the SOCWA and the RRAC. Additional participation will be encouraged_ It is anticipated that the Watershed Planning Public Participation process will also be a • -fonun for involving stakeholders in the development/modification of our community's public education plan. Oakland County is a stakeholder in this group but only a stakeholder. The County must look to the communities for leadership in addressing the neighborhood groups and the block clubs. This is where true public education can be . _ . effective. The County will be a full participant in this process. RevisidaS -and — regarding the Public Education Plan are expected and welcome throughout the Watershed Plan development process.-- - 3. PRIORITY CONCERNS TO BE ADDRESSED IN THE FIRST YEAR Based On comments received from stakeholders, the_County .will initially focus its first year of public education efforts on relatively simple concepts such as "Watershed Awareness,' "Storm Water Management" and "Our Actions Affect the River" targeted at home and business owners in Oakland County. Although the Rouge River passes through Oakland County, few people see it on a daily basis. Raising awareness about the connection of the Rouge River to our County with upstream and downstream public access areas will be a priority. Educating County staff and fostering cooperation and partnerships with existing organizations, groups and agencies involved in educating the public regarding storm water management will also be a priority in the first year. 8 As the Watershed Planning process progresses, it is expected that additional, or more specific, priorities will be identified and the Public Education Plan will be modified accordingly. 4. OBJECTIVES FOR PUBLIC EDUCATION a. Build general awareness of the Rouge River and tributaries, as well as the daily impact of activities on this resource among Oakland County citizens. b: — Improve the public's perception of the Rouge River's existing and future potential as a natural resource, recreational resource and community asset (i.e..foster . stewardship and enthusiasm for the river). c. 'Develop and implement public involvement and education programs for the citizens in Oakland County. This will require the dissemination of informational 'materials and coordination of activities to build awareness and foster stewardship. Realize increases in the number of individuals, schools and other special groups in .Oakland County that participate in existing Rouge River educational efforts (e.g. River Watch, Rouge Education Program, SOCWA Healthy Lawn and Garden Program). George W. Kuhn Oakland County Drain Commissioner January 26, 1999 ...pv...trau,neoumnopubiieed.wpd George W. Kuhn Oakland County Drain Commissioner • January 26, 1999 wpWraustuwAcouorygp1publicaiwpd 9 5. OTHER ORGANIZATIONS ASSISTING WITH PUBLIC EDUCATION List the organization, the program assistance and the contact person. ORGANIZATION . PROGRAM CONTACT I Friends of the Rouge Rouge Education Project, Rouge Rescue, Tracy Cyr (F OTR) Rouge Stewards Program Jim Graham Southeast Oakland Household Hazardous Waste Collection/ Lillian Dean. County Water Authority Education, Yard Waste Management and Tom Waffen (SOCWA) Healthy Lawn and Garden Program • Rouge Program Office Rouge Friendly Business Program Karen Reaume (RPO) _ E. L. Johnson Nature Stewards of the Land E. L. Johnson Center Nature Center Oakland Schools • m If You Love This Earth" Lamoine Motz Science, Mathamatics & Dave Houzel Technolosrv Center _ 6. SCHEDULE FOR PUBLIC EDUCATION PLAN IMPLEMENTATION - YEAR 1 Based on comments received from stakeholders, Oakland County will encourage _ . participation in the following public education activities in this first year. 411, Activity #1: Target Audience: Messages: Description: Timetable: Responsibility: Heighten Visibility & Promote School Water/Resource Monitoring. City Council, school officials, and all residents. Although water quality has improved, pollutants remain in the water Presentations to City Councils and School Boards encouraging participation in the Rouge Education Project. Contact teachers currently participating in Rouge Education Project Prior to presentations, press releases to heighten visibility.Coordinate presentations with OCDC staff, teachers and students. Ten presentations throughout permit period. Oakland County Environmental Coordinator • v... Description: Timetable: Responsibility: Gcorgc W. Kuhn Oaldand County Drain Commissioner January 26, 1999 vOnershaNzuntygp \publiced-vpd 10 Activity #2: Target Audience: Messages: Description: Timetable: Design Information Display Table ("Our Actions' display) for OCDC Lobby. Contractors, developers and citizens. Our actions affect the Rouge River. The watershed-wide 'Our Actions" display addressing development issues will be borrowed/modified from the RPO. A graphic designer will be hired to create posters; or a contest among elementary school classes will be held to create posters.. Holders for education flyers/brochures will be provided on the display. Completed during permit period. Responsibility:--- Oakland County Environmental Coordinator - — Activity #3: - Home Owner Association Presentations. - Target Audience:. Home owner association boards & residents. Messages: Messages listed in Activity 41 of this gran,. plus: • StewardShip, involvement activities • Detention pond maintenance & responsibilities Slide presentation and fact sheeti, based on available —information; will be produced and distributed to all home owner associations_ with r..fammunitx.i Presentations will be available upon request Information packets will be available within one year of issuance of Certificate of Coverage. Oakland County Environmental Coordinator Activity #4: Target Audience: Storm Drain Stenciling. Residential neighborhoods, commercial districts, schools and youth Timetable: Responsibility: George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wovunilednco.enopubiteed.wpd 11 Messages: Description: Activity #5: Target Audience: Messages: Description: Timetable: groups. "Dump no waste. Drains to Rouge River." Support FOTR program that actively and systematically stencils storm drains and shares information throughout the residential neighborhoods and- commercial business areas of communities. Coordinate efforts between OCDC, FOTR and Oakland Schools. Immediately. Oakland County Environmental Coordinator Tributary Signage at County Road & River Crossings. Drivers, passengers and citizens. Connection to the river. You are in a Rouge River community. Sips will be placed at roadway/river crossings identifying the Rouge River and its tributaries (e.g. "Creek Tributary of Rouge River"). Additionally, watershed/subwaterslied boundaries will be identified (e.g. "Welcome to Rouge River Watershed", or "Entering Franklin Branch Watershed"). 10 signs. to. be installed during permit period. • . Responsibility: - Oakland County Environmental Coordinator Activity #6: Target Audience: Messages: Description: Timetable: Responsibility: Co-sponsor Information Outreach Workshops. Community residents. Environmentally-friendly lawn & garden Care. Work with SOC WA, MSU Extension and FOTR. Three workshops will be held throughout the permit period to inform residents about healthy lawn and garden principles and practices. The permit period. Public information officer. Responsibility: --Oakland County Environmental Coordinator - George W. Kuhn Oakland County Drain Commissioner January 26, 1999 ...o.ursb.rncouncioNftwir:44....94 12 Activity #7: Target Audience: Messages: Description: Timetible: Responsibility: Activity #8: Target Audience: Messages: Description: Timetable: Rouge Rescue: A Community Event. Rouge Rescue Volunteers. Rouge River is a community asset. Thank you for your efforts. Improve coordination& heighten promotion of annual Rouge Rescue. • Celebrate the resource and show appreciation to volunteers • Provide refreshments, etc., for an opportunity to socialize with volunteers • Set up displays and provide educational materials. To be developed. OCDC. Rouge Recreational Guide. __GoIfers., other recreational users, and residents. Increase visibility of recreation locations and amenities connected to the river and heighten watershed awareness. Purchase and distribute multiple copies of the Rouge_Recreational Guide developed by the Public Education Committee of the Rouge • , RAP Advisory Council. Immediately. Activity #9: Target Audience: Messages: Description: Timetable: Distribute "Do Your Downspouts Lead to the Rouge?" Brochure. Communities and citizens. •• Disconnect downspouts and sump pumps connected to storm/ sanitary sewers. Provide multiple copies of the To Your Dt_rcP.-..s7sr,:ts Lead to the Rouge?" Brochure to all Rouge River Watershed communities. Brochure shall then be included in water and sewer bills to residents. • The permit period. George W. Kuhn . Oakland County Drain Corrunissioner January 26, 1999 . 13 Responsibility: Public Information officer. 7. RELATIONSBIP TO WATERSHED NIANAGENIENT PLANNING Based on initial discussions with fellow subwatershed communities, effective public education regarding storm water management will be a specific goal of the Watershed Management Plan. The Public Education Plan as submitted with the permit application is recognized as simply the beginning and is therefore somewhat vague. With experience gained as Watershed Management progresses, appropriate modifications will be made to the Public Education Plan. 8. PLAN,FOR EVALUATING IMPACTS The Public_Education Plan will be evaluated based on progress made towards the objectives described above. We are cognizant of the public survey performed by the RPO in 1993. It is anticipated that through the Watershed Planning Public Participation process, we will be able to -gauge our , community's- baseline awareness of stomi water - management and perception of the Rouge River. DUring the Watershed Management Plan development process, the need to evaluate the success or impact of the Public Education Plan will be likely and will be discussed. Oakland County will participate in future surveys and/or studies to evaluate public education plan- impacts with fellow subwatershed communities, the Friends of the Rouge, as well as other organizations and agencies involved in storm water management/watershed management educational efforts. Simple.mechanisms for evaluating the impact of the individual public education activities described above will also performed. Tracking the participation of the community schools, communitY groups, and individuals in existing Rouge River educational programs will be one method of evaluating impacts. It is anticipated that the evaluation methods and results will be briefly described in the annual permit report. 14 9. DATE FOR Ai•INUAL PROGRESS REPORT 111 A date will be set upon issuance of the Certificate of Coverage by the Michigan Department of Environmental Quality (lVfDEQ). For planning purposes, we anticipate that the first Annual Report will be due approximately on the first anniversary of MDEQ's issuance of the Certificate of Coverage to Oakland County. mos 4N, George W. Kuhn Oakland County Drain Commissioner January 26, 1999 srp1i.. shatcousey "Oyu bi i wpd FISCAL NOTE (M.R. N00047) March 9, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT; $408,000 GRANT APPLICATION/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 Oakland County Drain Commissioner has applied to Wayne County for grant funding from the Rouge River National Wet Weather Demonstration Project, Rouge River Storm Water Project Grant. 2. Total project cost is $812,337 of which $408,000 will be reimbursed by the grant award, and $404,337 is County Match, which will be charged to the maintenance funds from the respective County Drains. 3. The FY 2000 Special Revenue budget should be amended, as specified below, to recognize this new grant: Revenues FY 2000 1-61-111777-35540-0113 Federal Grant Revenue $408,000 1-61 -111777-35540-0905 Reimbursement General $404,337 Total Grant Revenue $812,337 Expenditures 2-61-211777-35540-2001 2-61-211777-35540-2074 2-61-211777-35540-2560 2-61-211777-35540-2560 Salaries Regular - Illicit Insp. $126,000 Fringe Benefits - Illicit Insp. $ 84,000 Consulting Expense Illicit Insp. $210,000 Consulting Expense Public Education $392,337 Total Grant Expenditures $812,337 Net of Revenues & Expenditures FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Palmer absent. Resolution #00047 March 9, 2000 Moved by Palmer supported by McCulloch the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 March 9, 2000 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and ffixed the seal of the County of Oakland at Pontiac, Michigan this 9thOiay March, 29zp. ,r G. William Caddell, County Clerk EXHIBIT "B" Main 1 & 2 (and Middle 1) Scope of Work Friends of the Rouge Main 1 & 2 Combined Subwatersheds Public Education - Work Elements 2000 & 2001 Task 1: Expanding Rouge Education Project (REP) Friends of the Rouge will provide the Rouge Education Project (REP) curriculum, training, materials and support during the 1999-2000 school year to one new Elementary school at a cost of $2,500.00 each and one new Middle/High school at a cost of $2,800.00. TOTAL: $ 5,300.00 Task 2: Continuing Rouge Education Project (REP) Friends of the Rouge will continue to provide the Rouge Education Project (REP) curriculum, training materials and support during the 2000-2001 school year to 28 returning elementary, middle and high schools at a cost of $1,500.00 each; four new elementary schools at $2,500.00 each; and five new middle/high schools at $2,800.00 each. TOTAL: $66,000.00 Task 3: Rouge Rescue/River Day Friends of the Rouge will provide support to up to 12 work sites for Rouge Rescue 2000 on Saturday June 3, at a cost of $350.00 each, and up to 12 work sites for Rouge Rescue 2001 on Saturday, June 2, 2001 at a cost of $350.00 each. TOTAL: $ 8,400.00 Friends of the Rouge will provide the following support to each Rouge Rescue work site: • One orientation workshop for Site Coordinators; • Printed guidelines for Site Coordinators; • Printed instructions for Site Volunteer Registration; • Printed health advisories prepared by the Wayne County and Oakland County Health Departments; • Printed Volunteer Registration Forms; • Heavy-duty plastic trash bags; • Cotton work gloves for all volunteers; • Assistance with volunteer recruitment and event promotion. • Friends of the Rouge will also provide at no additional cost orientation, guidance and assistance to Main 1 & 2 SWAG governments, schools, organizations and businesses who wish to organize and/or sponsor River Day 2000 activities on Saturday, June 3, 2000 and River Day 2001 on Saturday, June 2, 2001 that will help to raise awareness, and promote stewardship, of the rivers in Southeast Michigan. Task 4: Storm Drain Stenciling - Main 1 & 2 Friends of the Rouge will provide stencils, paint and instructions for Storm Drain Stenciling, or Decals*, adhesive and instructions for applying decals on curbs near storm drain inlets, for up to seven half-day sessions in 2000 at a cost of $390.00 each, and up to seven half-day sessions in 2001 at a cost of $390.00 each. TOTAL: $ 5,460.00 Storm Drain Stenciling is an appropriate activity for volunteer groups of adults or children as young as 12 years (with adult supervision). Applying decals, which requires the use of epoxy resin adhesive, has not been tested by Friends of the Rouge as a volunteer activity, but would be an appropriate activity for community employees who have received proper training from Friends of the Rouge. Main 1 & 2 communities will be responsible for supervising employees assigned to apply decals. Main 1 & 2 SWAG communities will be responsible for identifying and recruiting volunteers who will participate in painting storm drain stencils. Friends of the Rouge will provide supervision of volunteers. Task 5: Storm Drain Stenciling - Middle 1 Friends of the Rouge will provide stencils, paint and instructions for Storm Drain Stenciling, or Decals*, adhesive and instructions for applying decals on curbs near storm drain inlets, for up to six half-day sessions in 2000 at a cost of $390.00 each, and up to six half-day sessions in 2001 at a cost of $390.00 each. TOTAL: $ 4,680.00 Task 6: Wildlife Habitat Inventory - Main 1 & 2 Friends of the Rouge will provide two training workshops for volunteers to participate in the annual Friends of the Rouge Frog and Toad Survey during 2000 and 2001 at a cost of $1,050.00 each. TOTAL: $ 4,200.00 Task 7: Wildlife Habitat Inventory - Middle 1 Friends of the Rouge will provide two training workshops for volunteers to participate in the annual Friends of the Rouge Frog and Toad Survey during 2000 and 2001 at a cost of $1,050.00 each. TOTAL: $ 4,200.00 Budget Task Quantity Cost Additional REP Schools 1999/2000 1 @ $2,500.00 1 @ $2,800.00 $ 5,300.00 Continuing and Adding REP Schools 2001 RiverDay/Rouge Rescue 2000, 12 @ $350.00 2001, 12 @ $350.00 Wildlife Habitat Inventory- Main 1 & 2 2000, 2 @ $1,050.00 2001,2 @$l,050.00 Wildlife Habitat Inventory - Middle 1 2000, 2 @ $1,050.00 2001,2 @ $1,050.00 Storm Drain Stenciling - Main 1 & 2 2000, 7 @ $390.00 2001, 7 @ $390.00 Stenciling - Middle 1 2000, 6 @ $390.00 2001, 6 @ $390.00 $66,000.00 $ 8,400.00 $ 4,200.00 $ 4,200.00 $ 5,460.00 $ 4,680.00 28 @ $1,500.00 4 @ $2,500.00 5 @ $2,800.00 TOTAL $98,240.00 DATerry's Files\Word '97\Sanzica\Watershed\Main 1-2\FW Main 12 (and Middle 1) Scope of Work.txt Resolution #00172 July 20, 2000 Moved by Jensen supported by Gregory the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. AYES: Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Schmid, Sever, Suarez, Taub, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted with accompanying reports accepted. L Brooks Pa I HEREBY 001:40 THE FOREGOING RESOLUTION son, County Executive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 July 20, 2000 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 20th day 4 July, 2000. G.'William Caddell, County Cler