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
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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.
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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.
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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.
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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.
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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
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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
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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);
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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.
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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.
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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: /
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WITNESSED: DATE:
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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)
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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.
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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.
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[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.
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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
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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, /),
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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
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,
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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
oaklandldrai oconvidcw...pd
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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
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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
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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
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. •
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
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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