HomeMy WebLinkAboutResolutions - 2000.07.20 - 26033AND WILDIRG COMMITTEE
' July 20, 2000
MISCELLANEOUS RESOLUTION #00173
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - CONTRACT FOR PUBLIC EDUCATION SERVICES - SOUTHEASTERN
OAKLAND COUNTY WATER AUTHORITY.
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
Southeastern Oakland County Water Authority ("SOCWA"), a public corporation, to
provide public education services; and
WHEREAS, the Drain Commissioner is prepared to provide a portion of USEPA
Grant funding to the SOCWA 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 $30,000.00; and,
WHEREAS, SOCWA, has agreed to match the USEPA grant funding of $30,000.00
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 Southeastern Oakland
County Water Authority.
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 THE
SOUTHEASTERN OAKLAND COUNTY WATER AUTHORITY
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 Rod, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the SOUTHEASTERN OAKLAND
COUNTY WATER AUTHORITY, a public corporation incorporated pursuant to Act
196 of the Public Acts of 1952, as amended, being MCL 124.251 et seq., whose address
is 3910 West Webster Road, Royal Oak, Michigan 48073-6764 (hereafter, "Entity" or
"SOCWA"). In this Contract, either the County and/or the Entity 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 SOCWA 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
$30,000.00. In consideration, SOCWA 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 SOCWA mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "SOCWA", "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 SOCWA
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 SOCWA and/or any SOCWA Agents, as defined
herein.
1.3 "SOCWA Agent" or "SOCWA Agents", shall be defined to include any and all
SOCWA'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
SOCWA Agent and conversely, no SOCWA 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 SOCWA
and/or SOCWA's agents.
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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. SOUTHEASTERN OAKLAND COUNTY WATER
AUTHORITY PUBLIC EDUCATION SERVICES. The Parties agree that the full and
complete scope of services shall be as described in attached Exhibit "B" and limited in
the following subsections (hereinafter defined and referred to as either "SOCWA public
education services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"SOCWA 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 SOCWA TO PROVIDE SERVICES The Parties agree that any and
all "SOCWA public education services" or "Services" to be provided by the
SOCWA for the County under this Contract shall be performed by SOCWA or
SOCWA's Agents or consultants as defined herein.
2.2.1 SOCWA's agents or consultants shall be einployed and assigned by the
SOCWA in such numbers and based on such appropriate qualifications
and other factors as decided solely by the SOC WA.
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 SOCWA 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 SOCWA during the term of this Contract.
This section shall not prohibit the SOCWA 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
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County Agent, by virtue of this Contract or otherwise, shall be deemed,
considered or claimed to be an employee of the SOCWA and/or a
SOCWA Agent.
2.3 LIMITS AND EXCLUSIONS. SOCWA shall remain solely liable for any and all
costs, legal obligations, and/or civil liabilities associated with or in any way
related to any SOCWA's obligations under this Contract. The SOCWA shall
employ and retain its own SOCWA legal representation, as necessary, to defend
any claim alleged and/or brought against SOCWA or SOCWA's agents before an
adjudicative body or court.
ARTICLE III. SOCWA COMPLIANCE WITH TERMS AND CONDITIONS
OF IAA BETWEEN THE COUNTY OF OAKLAND AND COUNTY OF WAYNE.
To the extent permissible under the law, SOCWA agrees to comply with the following
terms and conditions required of the County of Oakland pursuant to the IAA attached
hereto as Exhibit "A". SOCWA 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 $60,000.00. The distribution of
USEPA grant funding by County shall not exceed $30,000.00 and SOCWA shall provide
a minimum matching costs of $30,000.00.
5.1 SOCWA 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 SOC WA.
ARTICLE VI. CONTRACT ADMINISTRATION AND PAYMENT.
6.1 This Contract will be administered on a cost reimbursement basis. The SOCWA
shall submit to the County, project status reports and invoices on forms provided
by the County.
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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.
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
SOCWA 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 SOCWA will provide documentation to the County that demonstrates
compliance with federal and state regulations before payments will be processed.
The SOCWA 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 SOCWA 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.
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ARTICLE VII. AUDIT AND ACCESS TO RECORDS.
7.1 SOCWA 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 SOCWA 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. SOCWA will
cooperate with the County with respect to evaluating audit findings of this
Contract.
7.3 SOCWA will be responsible for the reimbursement of any funds required to be
returned to the USEPA due to SOCWA actions or omissions, as determined by
audit findings and hold the County harmless from any repayment therefrom.
ARTICLE VIII. GENERAL PROVISIONS.
8.1 This Contract is expected to be funded in part with funds from the USEPA.
SOCWA 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 SOCWA 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 SOC WA.
8.3 SOCWA 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 SOCWA 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:
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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 SOCWA is responsible for securing all necessary permits from regulatory
agencies and is responsible for obtaining any professional services necessary for
the Project Activities. SOCWA 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 SOCWA 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.
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. SOCWA 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 SOCWA 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 SOCWA prior to termination.
10.4 If termination for convenience is effected by the County or SOC WA, an equitable
adjustment in the Contract price will be made. The equitable adjustment for any
termination will provide for payment to SOCWA for services rendered and
expenses incurred prior to termination. Equitable adjustment also will include
termination settlement costs reasonably incurred by SOCWA and approved by the
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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,
SOCWA 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 SOCWA 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.
ARTICLE XI. LIABILITY.
All liability, loss, or damage as a result of claims, demands, costs, or judgments
arising out of activities of SOCWA will be the sole responsibility of SOCWA 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 SOC WA. 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, SOCWA 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 SOCWA, 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 SOCWA, its officers, boards, employees, and
agents from and against any and all liabilities, obligations, damages, penalties,
11.1
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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 SOCWA, 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 SOCWA 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 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 SOC WA, by any subcontractor,
or by anyone directly or indirectly employed by the SOCWA, 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,
SOCWA 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. SOCWA 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 SOCWA
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:
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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 SOCWA 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 SOCWA 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
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.
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13.5 The County and SOCWA 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 SOCWA with the requirements of this Article as to carrying
insurance and furnishing proof thereof to the County, shall not relieve SOCWA 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, SOCWA 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);
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 SOCWA 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, SOCWA further agrees that it will require each contractor
performing services under this Contract to agree to the provisions of this Article.
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14.4 If applicable, SOCWA is responsible for complying with all federal and state laws
and regulations regarding competitive bidding.
ARTICLE XV. SOCWA AGENTS AND COOPERATION WITH THE
COUNTY. The SOCWA agrees that it shall be solely and exclusively responsible,
during the term of this Contract, for guaranteeing that all SOCWA Agents fully cooperate
with County Agents in the performance of all Services under this Contract.
15.1 The SOCWA agrees that it shall be solely and completely liable for any and all
SOCWA 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 SOCWA
Agent's employment status or any alleged violation of any SOCWA Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the SOCWA. The SOCWA
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 SOCWA Agent and/or which are based upon, result
from, or arise from, or are in any way related to any SOCWA Agent's wages,
compensation, benefits, or other employment-related or based rights, including,
but not limited to, those described in this section.
15.2 The SOCWA agrees that no SOCWA 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 SOCWA 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 SOCWA 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
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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.
1 8. 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.
ARTICLE XIV. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the SOCWA 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 SOCWA 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.
13
DATE: 7/9. 0.
DATE:
EXECUTED:
eorge W. Yt'uhn
Oakland County Drain Commissioner
WITNESS WHEREOF, 7-A',..",27e-i_f- 6, )47(71f,, , 6.772y ,-, of the
SOUTHEASTERN OAKLAND COUNTY WATER AUTHORITY, hereby
acknowledges that he has been authorized to execute this Contract on behalf of the
SOCWA and hereby accepts and binds the SOCWA to the terms and conditions of this
Contract.
SOUTHEASTERN OAKLAND COUNTY
WATER AUTHORITY,
a Michigan a public corporation,
By:
/ •-•
WITNESSED:
IN WITNESS ( WHEREOF, George W. Kuhn, Oakland aunty 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.
DATE: 7-14-- 0 0
WITNESSED CIC(11.1-1(-- DATE: )
G. William Caddell,
County of Oakland Clerk/Register of Deeds
— 0 c.
14
EXHIBIT A
ROUGE RIVER STORM WATER MANAGEMENT PROJECTS
ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS
GRANT AGREEMENT
BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND
THIS AGREEMENT is entered into this . day of
between the County of Wayne, Michigan, a body corporate and Charter County (County") and the
County of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and tlirough 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.
\VHEREAS, 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 ±om Separa:e. Storm Water
Drainage Systems (Permit No. MCIG610000) ("Storm Water General Permit") issued by The
Michigan Department of Environmental Quality ("MDEQ") for the local unit will thither the Grant's
goal to improve water quality and recreational use of the Rouge River.
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 Activities set forth in this Agreement would
further the goals of the Grant.
NOW, THEREFORE, E\.; CONSIDERATION OF THE MUTI.I.A.L COVENANTS
CONTAINED HEREIN, 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" alone 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 gs ant 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 highlights.
B. 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 In
FLNANCLAL 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 Agreement. The internal distribution of
the monies allocated among project elements may be modified by the Entity up to a total cumulative
transfer among direct cost categories not to exceed 10% of the total budget without written
approval by the County. Other modifications to the budget will be only upon written Agreement
between the County and the Entity.
3.2 The County will provide from the Grant 50_22 percent of approved, allowed, and eligible
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 Entity
until the completion of the project by the Entity as idehtified in Attachthent "A''. Upon comple tion
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 funds will-be reimbursed to the Entity.
3.4 BUDGET
The budget for this project is listed in Attachment "A '!
The total budget will be sub-categor:zed as follows:
A. Personnel expenses. -
B. Fringe benefits.
C. Travel costs.
D. Equipment costs.
E. Supply costs.
F. Construction costs.
G. Other necessary costs (specif:.-ing. nature of necessity 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 .-kDMINISTRATION AND PAYMENT
4.1 This Agreement will be administered on a cos: reimbursement basis_ The Entity shall st:bn-it
3
„Jort.„
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 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.
4.8 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 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.
4.9 All reports, invoices, and work products required under this contract will be transmitted to
the Director of Watershed Management Division, DeF...artment of Environment, Wayne County, care
of Mr. Razik Alsaig.h, Rouge Program Office. 220 Bagley Suite 920, Detroit Michigan 43226.
.1
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 USEP.A. 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 Agreement or any lower tier subagreement for
monies related to this specific project. This Agreement is subject to regulations contained in 40
C.F.R. Part 31 in effect on the date of the assistance award for this project.
6.2 The Entity understands that the County has no funds other :han 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 "B". The June
16, 1998 correction letter of the grant fair share goals from EPA is also included here in Attachment
"B". The fair share goals for the Grant as identified in that letter are as follows:
5
Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE)
Services 20%MBE 10%WBE
Equipment 8%MBE 4%WB E
Supplies 8%MB E 4%WB E
6.5 The Entity is responsible for securinR 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 Endo, is responsible for conducting post project
evaluation and certifying that any construction meets the approved design criteria. These
certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate,
in accordance with the Grant requirements and applicable regulations. If the project does not meet
the design criteria, the Entity will be responsible for taking the necessary corrective measures. --
6.8 The ownership of any facilities constructed under this Agreement shall remain with the
Entity. The Endo/ agrees to operate and maintain the facility consistent with the Grant project goals
and in accordance with the requirements of the applicable federal and state statutes and regulations,
Grant conditions, and local ordinances.
6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating
to any equipment including computers and peripheral computer equipment purchased as part of this -
grant assistance project.
6.10 Any amendment to this agreement must be in writing, and simed and acknowledged by a
duly authorized representative of each party.
ARTICLE VU
WAIVER OF BREACH
7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or
to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of
any breach affects or alters this Agreement, bt.r: every :erm of this Agreement remains effective 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 1, Subpart D.
8.2 This Agreement may be terminated in whole or in part in writing by the County for its
convenience. The Entity must be given: (I) not less than thirty (30) calendar days written notice
of intent to terminate; and (2) an opportunity for consultation with the County prior to termination.
This Agreement may be terminated in whole or in part in writing by the Entity for its convenience.
The County must be given: (1) not less than thirty (30) calendar days written notice of intent to
terminate; and.(2) an opportunity for consultation with the Entity prior to termination.
8.3 If termination for convenience is effected by the County or the Entity, an equitable
adjustment in the Agreement price will be made. The equitable adjustment for any termination will
provide for payment to the Entity for services rendered and expenses incurred prior to termination.
Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity
and approved by the County, relating to -personnel hired specifically for activities related to this
Agreement, provided such costs are eli gible and allowable under the terms of the Grant.
8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will:
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to the County all data, drawings, specifications_ reports, estimates,
summaries, and such other information and materials as may be accumulated by the Entity in
performing this Agreement, whether completed or in process.
8.5 Upon termination pursuant to paragraphs 8.2 or 83. above, the C01111; may take over the
work and prosecute the same to completion by Agreement with another party or otherwise. •
8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt
requested.
ARTICLE LX
LIABILITY
9. 1 All liability, loss, or damage as a result of claims, demands, costs, or judgnents 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 zourt decisions.
9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the County will be the sole responsibility of the County and not the responsibility of
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
subcontractocs, 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 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 County's or Entity's
agents, employees, representatives as provided by applicable statutes and/or court decisions. •
ARTICLE XI
LNSURANCE
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 result from the project services,
whether such services be by the Entity', by any subcontractor, or by anyone dia-ect:y or indirectly
employed by the Entity, or by anyone for whose acts any of them may be liable:
11.2 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, a professional liability insurance policy for claims for damages arising 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 agrees that the policy may not be substantially modified or
canceled without thirty (30) days prior written notice to the County and shall promptly notify the
County of any failure to renew such policy as necessary prior to final completion of the Project.
11.3 Throughout all phases of the project and for a period of three (3) years after anal completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, with insurance companies authorized to do business in the State of Michigan, the
following insurance coverages:
11.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other
similar employee benefit act of any other state applicable to an employee.
11.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation
Insurance for claims for damages because of bodily injury. occupational sickness or :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 ($50C.:00) 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 cthers, 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.zegate 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..
11.3.4 Contractual Liability Insurance for claims for damages :hat may arise d -om the Entit_v
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 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 ($1.000,000) dollars per Dccurrence for
bodily injury and property damage combined.
11.3.6 Comprehensive Automobile Insurance recuired by law for ciaL-ns arising from
ownership, maintenance, or use of' any motor vehicle owned or non-owned. County. or for-hire
vehicles, with $ 1,000,000 single limit of liability.
9
11.4 Certificates of insurance or self-insurance shall be provided to the County prior to
commencing Project Services under this Agreement. Said certificates shall contain a provision that
coverage afforded shall not be canceled, materially modified, or allowed to expire unless the
insurance carrier has given at least thirty (30) days prior written notice to the County.
11,5 The County and the Entity waive all rights against each other and their consultants, agents,
and employees for damages covered by any property casualty insurance during the Project Services,
but only to the extent covered by such insurance.
11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and
furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations
under this Agreement.
11.7 The provisions of this Article shall survive the expiration of any termination of this
Agreement for a period of three (3) years.
ARTICLE XII
NON-DISCRBELNATION
12.1 In accordance with the United States Constitution and all federal legislation and regulations
governing fair employment practices and equal employment opportunity, the Entity shall comply
with:
A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) and
the United States Department of Justice regulations (28 C.F.R. Part 52) issued
pursuant to Titles VI and VII;
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);
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
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 (PA 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
Ag.reement 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 XIII
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
inva:id 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 AGREENLENT
15.1 This document, including any attachments, contains the entire am-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 parry by implication or otherwise
unless set forth herein.
1 1
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 tmder 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 in -evocable license to reproduce, publish
and use in whole or in part and to authorize others to do so.
16.3 This Aueement 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 forrrats
of Daze Processing, and Date Exchange, which formats may include International Standards
Organization (ISO) standards and other, generally accepted, docurr.ented methods of date
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 (EDI) 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 foilowing functions:
flawless handling of date information. via US standa:ds, before, during, mid
after January 1, 2000, includir.2 but not limited to accepting date input,
providing date output, executir,a single-century formulas. executing mt:in-
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 unambig.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 Aueement, the Entity expressly
represents and warrants that all Information Products supplied to the County under this Agre.ement
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 ;arty.
•
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 InformaEon 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 Ag--.eement, 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 monhbring,
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 fi.irnish 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 against any andall Iiabl1it loss or expens, including,
reasonable attorney's fees, incurred in connection with Non-Year :000 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 expressly modified_ the terms and conditions of
the original aueements will remain in full force and effect. The foregoing, Year 2000 provisions
constitute the entire accord between the parties as regards Yea: 2000 Compliance for this
Agreement. These provisions shall survive termination 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 Products supplied to County,
ancUor acquired by Entity pursuant to this Agreement.
ARTICLE X1,111
JURISDICTION AND GOVERNING LAW
18.1 This Aareement, and all actions arising from it. must be _governed by, subject to. and
construed according to the law of the State ofNEchigan.
ARTICLE XIX
EFFECTIVE DATES
19 1 This Aueement 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 funds transferred to the Entity for costs incurred prior to this Agreement, the Emily 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 parry 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. McNAMAR.A.
Its: Chief Executive Officer
OAKLAND COUNTY, MICHIGAN
By:
GEORGE W KUI-liN
Its: Drain Commissioner
By:
JOHN P. NICCULLOCH
Its: Chairman. Board of Commissioners
15
ATTACHMENT "A"
to
INTERAGENCY AGREEMENT
between
WAYNE COUNTY AND THE OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
for
STORM WATER GEN. ER.A.L 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 grant through Rouge River National Wet Weather DemonsL 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 Proz -arri, :hat
support the Public - Education Plan as submitfed with the Main 1-2 and Middle 1 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.
T-1SK DESCRIPT/ON. SCHEDULE PRODUCTS AND PROGRESS REPORTING
1. Illicit Discharge Elimination Program
Task Description: Implementation of those elements described herein as Task Products of he
Illicit Discharge Elimination Program, thaz support the Illicit Discharge Elimination Plan
(IDEP) that is included in the OCDC and Main 1-2 subwatershed communities General
1
Permit Applications (Applications). A copy of the IDEP from the Oakland County Drain
Commissioner Application is attached to this IAA.
Task Schedule: This task will begin June 30, 1999 and continue until March 31, 2001.
Task Progress Reporting: Reports will be sent to Wayne County Rouge Program Office
(RPO)quarterly documenting progress and achievements including copies of reports required
in the Applications. The progress repor...s will be provided in accordance with guidelines
developed the by the RPO. Reporting of illicit discharge investigations will include the use
of the Illicit Discharge Elimination Tracking and Reporting soft-ware application developed
by the RPO.
Task Products: The following will be completed and documentation submitted to the
RPO by March 31, 2001 unless otherwise specified.
The OCDC has an existing Rouge Project sub-rant "Oakland County Illicit Connection
Programs", executed on November 19, 1998. The scope and budget for this project was
revised per OCDC request dated October 19, 1999 and Wayne County approval dared
"November 5, 1999. This grant provided funding for illicit discharge investigation activities
within Oakland County Drains. The following illicit discharge investigation activities will be
performed and documented by the OCDC under the November 19, 1993 grant:
Complete review of existing documentation and develop prioritized list of illicit
connection detection activities.
Educate permit inspectors and maintenance employees about the need to find and
eliminate illicit discharges and how to report them if they are found.
Visually screen storm water outfalls to Oakland County Drains within the Rouge
Watershed.
Ten percent of outfalls with persiszent dry weather discharges will be tested for the
presence of E. Coli.
Develop prioritized list for follow up and perform additional testing for suspicious
outfalls that had a dry weather flow during the visual screening.
Visually inspect the storm drainage system upstream of outfall in areas where in
stream water quality problems have been confirmed through sampling and in areas
where complaints have been reported.
Perform illicit discharge survey at OCDC-owned and operated buildings. yards and
maintenance facilities within the Rouge River Watershed.
Implement a county-wide complaint system to log water quality-related complaints
and investigate them.
Maintain list of illicit discharges and correction status of each.
Develop procedure to coordinate complaint response and follow up.
Develop Rouge River Drainage map to digitally indicate the ownership of the
drainage courses in the Rouge Watershed in Oakland County.
Under this inter-agency agreement, the Oakland County Drain Commissioner's Office will
perform EDEP 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 identify details of complaint, corrective action(s) and date
Of corrective action. --
• Visually screen all of the storm sewer oerfalls 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 11719/98 inter-agency aueement,
(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);
(All)
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);
Visiinlly 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.
2. 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 Middle 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 Progess 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 Products: Public Education activities to be implemented under this agreement will be
performed by three agencies: Friends of the Rouge (FOTR), SOCW.A. 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 following will be
completed and documentation submitted to the RPO 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 siznae.e at river crossings.
• Prepare videos and display brochures/ flyers regarding the Rouge Friendly Business
Pro gram.
It is anticipated that an azeement 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 RPO/Wayne 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.
3
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 regional events.
The OCDC will prepare a 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 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 SOC WA.
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 ha7nrdous 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 ai -...plication and disposal of pesticides
and fertilizers.
6
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 !need= 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 Progress 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
BUDGETS, FUNDING AND DOCUMENTATION OF TOTAL COST
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) = $404,337
Funding for each task is as follows:
Task Number and Title Total Cost Wayne County Oakland County
_ .... RPO Cost Drain
Commissioner's
Office Project Cost
1. Illicit Discharge
Elimination Program for the r Main 1-2 Subwatershed $420,000 SO S420,000
2. Public Education Program
a. Main 1-2 Subwatershed S296,337 SO $296,337
b. Middle 1 Subwatershed $96,000 SO . S96,000
3. Subwatershed
Management Planning for
Main 1-2 Subwatershed 3150,000 S150,000 SO
Total Project Cost 3962,337 S150,000 $812,337 ,
Federal Funding S558,000 S150,000 $408,000
Oakland County Drain
Commissioner's Office Funds S404,337 SO S404,337
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.
. .
I.-.
,
-n•
= ; .6
8
QQ_D_C
Cz
SO
OCDC
$0 $420,000
$296,337
$ 96,000
7
S312,337
$150 7 000 5312337
$0
$0
Project cost shall distinguish between costs for contracts for planning and design versus costs for
construction or implementation of programs, as follows;
Contractual
3. Participate in Main 1-2
Subwatershed Management Plan
Sub-Total
Construction/Implementation
Total Budget Wayne County
RPO Cost
$150_000 $150.000
$150,000 $150,000
Total Budget Wayne County
RPO Cost
1. Illicit Discharge Elimination
Program in the Main 1-2 $420,000
2. Public Education Program
a. Main 1-2 Subwatershed $296,337
b. Middle 1 Subwatershed $ 96.000
_
Sub-Total $812,337
Total S962,337
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:e.s 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 percent reimbursement for the City of Wayne
under this Inter-Agency Agreement:
Total Cost Rouge Project Local Funds
Federal Grant Funds
$812,337 $408,000 $404,337
I: TECH\ WATERM arWMD6. 41R.-12199 FUND C ONNUNIT. OC DC CC DCATT.-L WPD Nov 30. 1999
Rouge Project %
Federal Grant Funding
50.'7'7%
0
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
t: oaklaaddrai acovi def. wrpd
1
ILLICIT DISCHARGE ELLNIL-NATION 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 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
(SWAG), 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 *Southfiel4
•Southfield Twp. •Troy 'Walled Lake ...._; ,26(., '
• West Bloomfield Twp. •Wixom /
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. Kuhn
Oakland County Drain Commissioner
January 26, l999
Laaklandidniaaxrdidep.wpd
certain industries, and construction sites over 5 acres in size to complete the permit process. Phase
II of this permit process has been drafted arid is currently out for public comment. The requirem ents
as drafted apply to communities with population over 50,000 or more than 1,000 people per square
mile, construction sites over 1 acre in size, and several additional industial categories. It is expected
that all of the Rouge River Watershed within Oakland County, except Lyon Township, will be
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 U 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 departnent specific assignments.
As the program proceeds, these assignments may shift. The final division of work between the
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
1:cmkland/draim=ami4ep •••,d
3
departments will be detailed in the Oakland County Storm Water Pollution Prevention Initiative.
Once illicit discharges are identified, the type of remedial action required is dependent on the
jurisdiction in which the guilty facility falls. The institutional arrangements to address the problem
areas will vary from subwatershed to subwatershed and, in fact, may vary within the subwatershed.
Illicit discharges are governed by a combination of state, county and local ordinances. The OCDC
as the permit applicant will monitor the entire drainage system curre.ntly under the jurisdiction of
Oakland County including county drains and county road drainage. As areas are identified as being
impacted by illicit discharges, the MDEQ 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 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 finnl
enforcement vehicle will be detailed as part of the Oakland County Storm Water Pollution
Prevention Initiative.
Jani2ry 26, 1999
mann& drsiocoataidep.wpd kTi;
I
2.0 ILLICIT DISCHARGE ELEVELNATION PLAN FOR OAICLAND
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 departrnents 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 water' quniity 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 Coorriinqtor 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
Oaldand County Drain Commissioner
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
Losiland/dnincoovidep..pd
5
individual, the Michigan Department of Environmental Quality (MDEQ) will be notified in writin g.
2.2 Existing In Stream Water Quality 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 RP() 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.
23 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 Commissioner
January 26, 1999
Leaktand/draancom/idep. -pd
6
To tailor the complaint receipt and documentation effort, local government field departments, 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 MDEQ, 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 drainag e c,..1
-systenf. 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 surveY 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 OCDC has identified the location of the drainage systems under their jurisdiction and
the point 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 ciischarge
points} leaving any county jurisdiction shall be visually inspected during dry weather
periods to identify obvious signs of cross connections. These will include indications of
•.n
7
George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
LosklaildhlralecomAdeo...pd
4.44 r '244e
Li
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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 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 significant 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.
8 II
3.0 ILLICIT DISCHARGES PRIORITIZATION
a
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 "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 connection.
George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
1:oaklaglidrainconVidep.wpd
9
I
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 .
Loalrlandldnisconadep.wpd
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
L mid and/drumandialqs. 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.
I. When-apo—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 ir.adequate 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. Kuhn
Oakland County Drain Commissioner
January 26, 1999
I: cold Imulletrai ocanVi dep. wpd
11
4. After the County has been issued coverage under the general permit, the standard
construction specifications will be modified to require contractors to identify and report
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
prr.3 Inak_k_iaths_
5. 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.
LI
George W. Kuhn
Oakland County Drain Cornmissione:
January 26, 1999
I: caldand/dnucom/idep.repd
12
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
byp'ass 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.
Ell_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
Loaid....utes.utinuitigu.s.v1
13
6.0 IMPLEMENTATION SCHEDULE
Within twelve months of the issuance of the Certificate of Coverage the following will be done:
1. A plan and timetable will be prepared in cooperation with the other county departments to
seek and find the sources of suspicious discharges that have been identified in association
with storm water drainage from the county drains within the Rouge River Watershed.
2. A county-wide complaint system will be in place to log complaints and investigate them.
3. A visual screening of 20% of the outfall sewers within the Rouge Watershed will
completed.
4. Peimit inspection and maintenance employees of the OCDC will have been inforrnea
the—need-to find and eliminate illidit discharges and be informed as to haw the complaint
system will be made available to them.
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 dig.itally indicate the
ownership of the drainage courses.
I
George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
LooklasdidniecomAdecs.wpd
14
Twelve to sixty months following the issuance of Certificate of coverage the following will be
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, (999
LoaktudidraiscornAdv.wpd
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7.0 ANNUAL PROGRESS REPORTS
At the end of the second year and every year thereafter, 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 OCDC.
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
Loaktandidrairearrdickp.
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 wlaich
represents the discharge of a single discharger. Thus, should the county choose to block off the entry
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 community 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.
George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
mid andldrairarelidep.wpd
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
,2) 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 .
_Storm Water Pokution Prevention Initiative.
9.2 Plan to Minimize InfiltrationRg4re from Sanitary Sewers 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 OCI-M.
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
oathedidrusconlidep.repd /-114r
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 remediation 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.
18
PUBLIC EDUCATION PLAN
OAKLAND COUNTY
SUBM1 1 ED BY: GEORGE KUI-N, DRAIN COMMISSIONER
OAKLAND COUNTY, MICHIGAN
ONE PUBLIC WORKS DRIVE, BUILDNG 95 WEST
WATERFORD, /vfl 48328-1907
PH: (248) 858-0958
FAX: (248) 858-1066
This pdndlit 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 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 secEons 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 arms are more
appropriate at a County level. In this later case, the OCDC will coordinste 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
wpw.rofteax.rtgAmblic.4a....0
George W. Kuhn
Oakland County Drain Commissioner
lantnry 26. 1999
mahnallseehounryip1publiced.wpd 3
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 Illicit Discharge Elimination Plan, the OCDC is establishing a
centralized complaint system for the reporting, responding and tracking of
environmental complaints. The OCDC staff shall work with the CTVs and
CTV "hot lines" are educated properIdA 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.
support them if called upon. Additionally, the OCDC will insure that supported / 1
Decrr: W. Kuhn •
Oieznd Caunty Drain Carrunissioner
Jantmr,e 25, 1999
1.0.e.maidrum.;‘,..pd
2.0 ILLICIT DISCHARGE ELBILNATION PLAN FOR OAKLAND
COUNTY
The Illicit Discharge Investigation Base Program represents the long term progarn to which Oakland
County can commit for both current and future NPDES requirements. As storm water travels
downhill it not only tampons pollutants but it also passes throuzh 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 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 deparments to provide
guidance to the OCDC. The OCDC will continue to report to the study oup, as U 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 infzrmation. In an effort to eliminate
the shortcomings of the Phase I storm water pernnir.ing process, fne. OCDC Will fccus their efforts
on those areas which suggest that the water. quality is degraded and that the cause for degadation
is =known. As these problem areas are identified, the OCDC wiji work upstream to pinpoint the
likely eat), of the pollutant.
2.1 Environmental Coordinator
The OCDC will appoint or designate an Environmental Coordinatzr to oversee and :o be responsible
for compliance with the requirements of the C-eneral Permit. Ir.iriaily Phillip SPngica, P.E. will serve
as the Environmental Coordinator. In the event this respADasibiiiry is transferred to another
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
virAraulitecftcountygpnp.bliced.** 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 I.
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 waterpollutants.
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
1
1
01
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 Bill 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," "Stoma 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 cooperarion 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.
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
.pkwewsludkouncygOpubliccd.viad
George W. Kuhn
Oakland County Cram Commissioner
January 26, 1999
wpksvsulhod‘counry sys4uoleced. wpd 9
1
5. OTHER ORGANIZATIONS ASSIST-LNG WITH PUBLIC EDUCATION
List the organization, the program assistance and the contact person.
ORGANIZATION . PROGRAM CONTACT
Friends of the Rouge Rouge Education Project, Rouge Rescue, Tracy Cyr
(FOTR) 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 _ " If You Love This Earth' Lamoine Motz
Science, Mathamatics & Dave Houzel
Technology Center
SCHEDULE FOR PUBLIC EDUCATION PLAN LNITLEM:ENTATION - YEAR 1
Based on comments received from stakeholders, Oakland County will encourage
participation in the following public education activities in this first year.
Activity #I:
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.r.Coordinate
presentations with OCDC staff, teachers and students.
Ten presentations throughout permit period.
Oakland County Environmental Cocrdinator
Timetable:
Responsibility:
. •
11
January 26, 1999
wow.cromiumarygoptaiiceiwpa
2 \S) 7
Messages:
Description:
Activity #5:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
Activity #6:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
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 commues.
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.
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 eare.
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. -
George W. Kuhn
Oakland County Drain Commissioner
January 26. 1999
wov.,aniwyd\co.rtgowoliami..14
George W. Kuhn .
Oakland County Drain Conunissioner 4.
'n.7Z
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 coplizant 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 df -Storm. 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 mlnlgement/watershed management
educational efforts.
Simple mechanisms for evaluating the impact of the individual Public education activi ti es
described above will also performed. Tracking the participation of the community schools,
community groups, and individuals in existing R01.1.2e 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.
13
A% • A. ••• ••• ow, • n• 41.
Creel ..1yarmaissant
I •
1 7. TYPE OF ACTION
1 CCMPTROLLE.1-7 BRANCH, MF-10J I CONTINUATION
xi Sand Piyamyt Ragusa( to•
- - - - -
T-9. PAYEE
WAYNE COUNTY -
415 CLIFFORD
, DET:ziorr, MI 48226
10. RECIPIENT TYPE
COUNTY CP. PARfSH
12. CONSULTANT (WWT Caolows•coon GAMS onty)
N/A
14. EPA PROJECT/ STATE C.ICER AND TELEPHONE NO,,
VADLICK
WATER DIVISION
WS-15J. (312) 888-0174
Se Name
F
1
01)
PART I - ASSISTANCE
a. AGREEMENT TYPE
ICues...mama Agnmarsint
Plge Of 5 •
AssIsW1c 10 O. I 2. LOG NUMBER
X 4.--95 743 -C4-0 I 05-X -Ca)
itrACF."IRC/SS3 /41 ...
IX1 nn{ Muswow ACH - 0512,
U.S. ENVIRONMENTAL PROTECTION AGENCY
- ERA ASSISTANCE AGREEMENT / AMENDMENT
NOTIFICATION INFORMATION
16. PAYMENT METHOD
Aeneas C inelnatemmeeet
J4. MAILING DAM
4114 al:ai
:P.
i I
T
1 :0
iP
1G
I
7N
8. RECIPIENT
WAYNE COUNTY - MICHIGAN
4 15 CLIFFORD
DETROIT, MI 48225
EN NO. CONGRESSIONAL DISTRICT
38-5004895 13
11. PROJECT MANAGER AND TELEPHONE NO.
JAMES E MURRAY
(313) 224,3631
13. ISSUING OFFICE (CITY/ STATE)
US ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION-ASSISTANCE SRANCH
US EPA, REGION 5, MC-10J
77 W JACKSON BLVD
CHICAGO, IL 50604-3590
12 115. EPA CONGRESSIONAL LIAISON Z. PHONE 15. STATE APPLIO (Ctearanhousat 17. SCIENCE FIELD 11(8. PROJECT STEP cnty)
BAREAPA BROOKS, (202) 260-5660 N/A .. NA NIA
7',ArLITORY AUTHORITY 20. REGULATORY AUTHORITY I 21. STEP 2 - 3 1.1 STEP 3 ivrwr C4f1SIZUCZ0f1 GrifTti onto ..
40 CFR PART31 a. Treatment Lena • : I
FY 1997 A29R0PRIATTONS ACT b. PYr•Yret TypE N/A I!
--I. L. 04 -794 I . ' Tre=tmerit ?meow i
1 cf. 51t•cas 7:73•L--•
2_2 . PRCLECT TM-E AND DESCRIPTION ROUGE =NE-7 NATIONAL WET" WEA77-LER DEMONSTPArON
--.•
22. PROIECT LCCATION Ia. 1....d bY ?•13Yeel
T.:1y / P.sce 1 Courrty Stat. Cyangresmeel.1 Norm:
ROUGE RIVER WATERSHED I WAYNE i MI MU LT IF LE
24. ASSISTANCE PROGRAM (cFoa ??..v.m no. a Ma) : 25. PROJECT PERIOD 25. 3UOGETTPERIOD
06/01/98 -12131/CC 06/01/98 - 12/31 /00
27. COMMUNITY POPULATION 28. TOTAL BUDGET PERIOD COST 22. TOTAL PROJECT PERIOD COST
(WWT ::..bnartruction Grarre. Oney) _ N/A 529,090,909 529,090,909
FUNDS FORMER AWARD
1
THIS ACTION AMENDED TDTAL
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a 4 . zi- y n/7",,SGI A TO kin r ' I ..I N..
ZZ UMISZNIV.3n01 Prier Year 3.4arto• ...1 a
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i Zs. Recacworrt C.anerbvttort _
I 1 3. C9C.909
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5 I 0
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Class ; 1
41.11I
1
1
Document
Cantrol
Number
PNX010
FY I oorop.
98 I
Sudget 1
trganizationi
! 1 1 0530AKS
Program
Earner.:
S::e/Project Cost j Obligation /
Organization{ Deobliga:ior I
r: 5,000,000
ti
EP ;one •3771:6:3.1 .a.e. S-423. Reut...e••• ntemas n4 E?A. FOIMS frJO.tA.3.Z. anall 3. Ala ..yn•eh see daso,de.
r_
c ASSISTANCE 10ENTIFICATION: X 99574.1-04-0 AR7 ii - APPROVED BUOGET
:--- TABLE A - 08.IECT CLASS CATEGORY • TOTAL APPROVED ALLOWA8L.
(jeon-eannealncoonl :.Z au0GET PERIOD COST
• . PERSONNEL
.. I S7E6.308
FRINGE BENEFITS — ' 701.929 _
4. TRAVEL 78.100
4. EGUIPMENT 68.700
S. SUPPLIES 26.200 _ i. CVCRAC7UAL 8.246.703
7. CONSTRUCTION 18.895.000
3. OTHER 70.069
9. TOTAL DIRECT CHARGES 328.843.009 . lo. INOIRECT COSTS: RATE 17.00 % BASE 1.458.237 247,900
11. TOTAL (Share: Recipient 45.00% Federal 55.00 ".4.4 529.090,909
516-X0 ,00C ::.... TOTAL APPROVED ASSISTANCE AMOUNT .
TABLE B - PROGRAM ELEMENT CLASSIFICATION
(Non-oanonv.=ient
2-
::.
3.
1 7-
! 3.
• 9.
12- TOTAL iShare: Recipient % Federal
1Z. TOTAL APPROVED ASSISTANCE AMOUNT
-
TABLE C. PROGRAM ELEMENT CLASSIFICATION -..-
(C.,nstruction) .
1. ADMINISTRATION DCPENSE
2_ PRELIMINARY /:15.NSE
Z. LAND STRUCTURES. SIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
S. OTHER ARCHITECTURAL ENGINEERING FEES
5. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
3. RELOCATION EXPENSE
9. RELCCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
1Z. EMOLITION AND REMOVAL
12. ECUIPMENT
MISCELLANEOUS .
14. TOTAL .n...1 am, la)
13. ESTIMATED INCOME :"rt .opl;caoiel
NE-7 PROJF.CT AMOUNT (Line 14 minus :51
17. LESS: INELIGIBLE :-INV—USIONS
I a. AOC: CONTINGENCIES
. TOTAL (Share: Recipient % Federai
2C. TOTAL APPROVED ASSISTANCE AMOUNT
i? 2,rrn 5:00.Mik (Rev 5-.121
PART III — AWARE) CONDITIONS nt ASSISTANCE ICENTIFICA7ICN: X 995713-04-0
2 *-
Pace 3 ot 5
- TERMS AND CONDITIONS
THIS AWARD IS IN RESPONSE TO THE RECIPIENT'S JUNE 3, 1997, APPLICATION.
1. RECYCLED PAPER
Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled
paper for all reports which are prepared as a part of this agreement and delivered to the
Agency. This requirement does not apply to reports which are prepared an forms supplied
by ,EPA. This requirement applies even when the cost of recycled paper is higher than that
of virgin paper.
2. SMALL BUSINESS IN RURAL AREAS
By accepting 'this agreement, the recipient agrees to comply with Section 129 c-f Public Law
100-590, the Small Business Administration Reauthorization and Amendment Act of 1988.
Therefore, if the redpient 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 miiximum partdpation by SBRA.s;
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 Administratcn and the Minority
Business Development Agency of the U.S. Department of Commerce, as
appropriate; and
Requiring the contractor; if it awards subc-acts, to take the affirmative steps
in subparagraphs a. through e. of this condition.
3. FAIR SHARE
The recipient must ensure to the fullest extent possible that at !east 8% (Equipment), 8%
(Supplies) and 20% (Construction) of Federal funds for prime contracts or sulf&intracts for
supplies, construction, equipment or services are made available to organizacrs owned or
controlled by socially and economically disadvantaged individuals and historically black
colleges and universities, and that at least 4% (Equipment), 4% (Supplies), and 8%
(Construction) of such funds are made avaiiable to orcanizatcns owned or conz -oiled by
women.
The recipient agrees, in the even: of any contracting, to induce in its bid documents a 8%
(Equipment), 8% (Supplies) ant 20% (Construction) MBE ant 4% (Equipment), 4% (Supplies),
.and 8% (Construction) WEE ''Fair Share" and require all of its prime contractors to inciude in
their documents for subcontracts 8% (Equipment), 8% (Supplies) arc 20% (Corstruction) MBE
and 4% (Equipment), 4% (Suppiies)•, and 8% (Construction) WBE "Fair Share" percentages.
The recipient also agrees to comply with the six affirmative steps of "Fair Share" policy
stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appopria-t.P...
i.2 57041:34 5-a?.!
PART 111 — AWARD CONOMONS ASSIS7ANC5. ICENTIFICAT1CN: X 99574.3-434:, Page 4 at S
In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair Share
objective far M8Es/V/8Es, the recipient agrees to natty EPA in advance of any rice an&or
gender conscious action it plans to take to more closely achieve the fair share objective.
The State and/or recipient agrees to submit EPA Form 570G-.52A "MBErWEE Utilization Under
Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to the EPA
award official beginning with the Federal fiscal year quarter the recipient awards its firs:
contract and continuing until all contracts and subcontracts have been reported. These r=acrts
must be submitted to the award official within 30 days of the and of the Federal scal quart.---r
(January 30, April 30, July 30 and October 30).
4. PUBLIC ACCOMMODATION
The recipient agrees to ensure that all conference, meeting, conventiarror
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 USEPA approval for, further
detailed work plans for activities associated with these project groups. The
recipient agrees that USEPA shall be provided with at leas: 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.
ASSISTANCE IDENTIFICATION: X 995743:c4-0 Page 5 ot 5
TYPED NAME AND TT-E- JO LYNN 77-.AUB, DIRECTOR.
WATER DIVISION. REGION 5
SIGNNTU F AWARa J u l I
6
cf)
; TYPED NAME AND TITLE /
T/Ve-
ii
SIGNATURE
co* form S7rX5.4036
SPECIAL CONDITIONS lowcim..di
1
•n••
PART IV
NOTE The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division or Headquarters
awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeics after receipt or
within any extension of time as may be granted by EPA.
Receipt of 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 by and through the U.S.-Envircnrnental Protection Agency (EPA), hereby offers
assistance/amendment to the WAYNE COUNTY - MICF:.IGAN tor 55.00 of all approved
RECIPIENTORGANIZIVTTON
costs incurred up to and not exceeding S 16.000.000 for the support of approved budget period effort desi...aced
ASSISTANCE AMOUNT
in application (Including all application modifications) cited in hem 22 of this Agreement
ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION , included herein by reference.
DATE AND TITLE
ISSUING OFFICE (Grants ASnriatiserstiors Orfscs
ORGANIZATION / ADDRESS
ACOUISMON-ASSISTANCE BRANCH
US EPA.. REGION 5, MC-10,1
77 W JACKSON BLVD
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
WATER DIVISION
US EPA, REGION 5, 5J
77 'N JACKSON BLVD
• /1 THE UNITED STATES,OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
This agreement is Mibject to app#able U.S/gnvironmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendMent andbiy payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on behatf of the recipient organtztrtion, and (2) the recipient agrees (a) that :tie award is subject to the
applicable provisions of 40 CFR Chapter I, Subchapter 8 and of the provisions of this agreement (Parts I thru iv), and "b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any feund by EPA to have been
overpaid will be refunded or credited in full to EPA. •
BY AND ON BEHALF OF THE DES:GNATED RECIPIENT ORGANIZATION
DA
7 4.
. • .
ANL:: I U t:`,1 i reON: X 99574Z-02.
TERMS AND CONDITIONS
C TERM AND CONDITION NUMBER 9 HAS BEEN ADDED AS FOLLOWS:
9. Y2K COMPLIANCE
Your assistance agreement may produce electronic date-sensitive data 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 for
representation of calendar dates (EPA Directive 2100 1 IRM Policy Manual, Chapter 5, Data
Standard). This information is located on the EPA we-bsite
(http://www.epa.goviirmpoli8/polmanichaptr05.txt.html#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.arnetgovifar/97-05/html/39.html).
ALL PREVIOUSLY CITED TERMS AND CONDITIONS REMAIN THE SAME.
-
:
EPA Farm S703.2013 tt-ASI
USEPA's Grants Administration Division and Office of Srnal! and Disadvantaged
Business Utilization are directing the revisions to the MBE/WBE policy. It is their intention to
promulgate fonmal N,EBEiWBE regulations applicable to all USEPA grants. Since they will aff ect
your USEPA cants, we suggest that you consider commenting. on the proposed regulations
during the rule making. process.
If I can be of any assistance, please do not Hesitate to call. My direct dial number is
(312) 353-5677.
Sincerely,
1/4;(a/kiirLizt4ti.e,
Robert I.
i
ardson •
Regional Mr.BE/WBE Coordinator
Robert Springer
Assistant Re gional Aciminiszator
Lynn Donley
Associate Re6onal Counsel
THIS LETTER WAS ALSO SENT TO THE FOLLOW. :0 PERSONS:
M. GADE
G. HUGHES
I. HAMILTON
P. LARSON
5. NOVAK
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
wOwatrshedkourysOpsabliesd.wpd 1
PUBLIC EDUCATION PLAN
OAKLAND COUNTY
SUBMI11ED 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 prat application is submitted by the Oakland County Drain Commissioner (OCDC) seeking
coverage for all County owned and/of opdrated 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.OfEce. 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
wowausiu.ncaumygopubiked.wpd 2
4
1
b. Education of the Public on the availability, location and requirements of facilities for
tr the disposal or drop-off of household hazardous waste, avel trailer sanitary wastes,
chemicals, grass clippings, leaf litter, animal wastes, and.motor vehicle fluids. •
c. Education of the Public regarding accektable 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.
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
al 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 Illicit Discharge Elimination Plan, the OCDC is establishing a
centralized complaint system 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 supported
CTV "hot lines" are educated properlyiA 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
v•Pv.suguldkotutirsrovaiiced.wpd
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
vrOwstritudkountyggApubliced.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 conimtnities -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 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
wpWrat1isedkautitygp1p.4,licadrepd 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, j•
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 .Rollutants.
Ems' ting 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
g.
•n•n
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
v,pu.trguidkauntisspubtic=1.wpd
6
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.
Public education concerning management of riparian lands to protect water
quality.
Existing Effort:
The DCED has Sponsored 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
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. Thii 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 publie education can be
effective. The County will be a full participant in this pro -and frititif -
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 Rivers' targeted at
home ind 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.
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
wpWatrillatcrwaygiApubliced.wpd
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
wpw.u.h.ne.untvipnpagteme..0
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.
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
.0aldand County that participate in existing Rouge River educational efforts (e.g.
River Watch, Rouge Education Program, SOCWA Healthy Lawn and Garden
Program).
•
1
I .
George W. Kuhn
Oakland County Drain Commissioner
• January 26, 1999
wOwass1berAcoutarygp1publiced.wpd 111 9
5. OTHER ORGANIZATIONS ASSISTING WITH PUBLIC EDUCATION
List the organization, the program assistance and the contact person.
ORGANIZATION . PROGRAM CONTACT _
Friends of the Rouge Rouge Educatiop Project, Rouge Rescue, Tracy Cyr
(FOTR) 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 • "If You Love This Earth" Lamoine Motz
Science, Mathamatics & Dave Houzel
Technology Center
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.
Activity #I:
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
Timetable:
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
womitilhancountrgptpubiiced.wpd
10
Activity #2:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:--
Design Information Display Table ("Our Actions' display) for OCDC
Lobby.
Contractors, developers and citizens.
Our actions affect the Roilge 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.
Oaldand County Environmental Coordinator -
- Activity #3: --
- Target Audience:
Messages:
. _
Description:
Responsibility:
Home Owner Association Presentations.
Home owner association boards & residents. .
Messages listed in Activity #1 of this plan,. plus: '
• StewardShip, involvement activities
• Detention pond maintenance & responsibilities 3 Slide presentation and fact sheet i; based on available- infomiation,
will be produced and distributed to all home owner associations
_withill-our_connit)4 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
Activity #5:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
wp waIrdscdncouetygp1publiced.wpd 11
Messages:
Description:
Timetable:
Responsibility:
Activity #6:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
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.
- Oakland County Environmental Coordinator
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.
,
12
- George W. Kuhn
Oakland County Drain Commissioner
January 26, 1999
wowuntwee.witopmiial.-mxi
Activity #7:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
Activity #8:
Target Audience:
Messages:
Description:
Timetable:
Responsibility:
Activity #9:
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.
•••
Golfers 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.
-Oakland County Environmental Coordinator
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 "Do Your Downs7ollts 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 Commissioner
January 26, 1999
wfAwursisetkowuysofubikad.wpa
13
Responsibility: Public Information officer.
7. RELATIONSHIP TO WATERSHED MANAGEHENT 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. PLANFOR 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 -gaiige our , community's baseline awareness of storm 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 ANNUAL PROGRESS REPORT
A date will be set upon issuance of the Certificate of Coverage by the Michigan Department
of Environmental Quality (MDEQ). For planning purposes, we anticipate that the first
Annual Report will be due approximately on the first anniversary of MIDEQ's issuance of
the Certificate of Coverage to Oakland County.
George W. Kuhn -
Oakland County Drain Commissioner
January 26, 1999
wowwituocowitygp*obitcat.wpa
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 iaffixed the seal of the
County of Oakland at Pontiac, Michigan this 9thaay ge March, 2
G. William Caddell, County Clerk
WORK PLAN PROPOSED BY SOC WA,
SOUTHEASTERN OAKLAND COUNTY WATER AUTHORITY
MAIN 1 — 2 SUB WATERSHED, ROUGE RIVER
April! , 2000 — May 31, 2001
Total grant: $30,000
Match: $30,000
Total project cost: $60,000
Task #1: Public Education for Healthy Lawn & Garden Practices — Sprin2 2000
Two areawide workshops will be organized to provide information to interested citizens on
environmentally-friendly lawn and garden care. These workshops will include, at a minimum:
1. Healthy lawn care workshop, co-sponsored with the Metropolitan Detroit Landscape
Association (April 26, 2000; Bloomfield Township Library); and
2. Native butterflies, wildflowers and community gardens workshop (May 4, 2000; First
Methodist Church of Birmingham).
Public information for these two program will consist of the following:
• Calendar announcements and full press release to 10 local newspapers.
• Direct mail to persons asking for information about SOCWA/SOCRRA programs.
• Packages sent to municipal representations.
• Packages sent to area libraries
• For the lawn clinic, distribution to retailers participating in soil nutrient testing program.
• Flyer distribution at outreach events.
• Announcement in Michigan Gardener magazine.
• Direct mail to 70 SOCRRA volunteers.
• Direct mail to landscapers expressing interest in the healthy lawn program option.
It is projected that each of these programs will attract 70 citizens, with substantial representation
from SOCWA and SOCRRA communities. Advance registrations will be handled by the
SOCWA office.
Coordination with the Main 1 — 2 Subwatershed will be maximized. Assistance from Bloomfield
Township with mailings to homeowner's associations will be requested.
A detailed agenda and information folder will be prepared for each seminar.
As is always the case, special efforts will be made to provide the most up-to-date information on
the subject. For the lawn clinic, SOCWA staff will draw on materials developed cooperatively
by the SOCRRA Healthy Lawn and Garden Advisory Committee (including Metropolitan
Detroit Landscape Association, Oakland Co. MSU Extension, Wayne Co. MSU Extension, and
the Michigan Department of Agriculture. A representative from the Metropolitan Detroit
1
Landscape Association, as well as Greg Patchan, Oakland County MSU Extension, will be
invited to speak.
The native butterfly garden workshop will draw on advice and information from the Belle Isle
Nature Center, the City of Windsor (re. community gardening approaches), and the Ann Arbor
Natural Areas Program. This workshop will be planned as a followup to the Naturescaping
Seminars in Fall 1999, and will be planned to encourage interaction between the participants and
group problem solving. Suzan Campbell, Director, Belle Isle Nature Center, will be the featured
speaker.
An evaluation questionnaire will be distributed at each meeting. For the lawn clinic, emphasis
will be placed on questions related to current lawn care practices. For the native butterfly garden
workshop, questions will relate to prior experience and interest in community gardening. This
direction reflects SOCWA's interest in building a knowledgeable citizen volunteer base,
interested and able to assist municipalities with environmental gardening and land restoration
projects.
Budget: $3000.
Task #2: Education Strate2v for Household Hazardous Waste, Sanitary Wastes,
Yard Waste and Animal Wastes
In cooperation with municipal representatives, a strategy to encourage waste reduction practices
in the home will be organized. Tip sheets and articles for municipal newsletters will be prepared.
To the extent possible, materials already prepared by theRouge Program Office and city
representatives will be used.
The strategy will focus on communication related to existing programs and services. A reference
guide with a listing of municipal services and offices will be prepared. It is expected that this
listing will be added to the web site of the Oakland County Drain Commissioner, as well as those
of SOCRRA/SOCWA and municipalities.
Pet wastes will be a major subcomponent of this task. Pet wastes in public parks continue to
create problems, despite efforts of municipal parks managers. The idea of boxes for plastic bags
posted in selected parks near the Rouge River will be explored with municipal parks managers
and recommendations made.
Public education outreach on these topics will focus on four methods of communication: (1)
newspaper articles, especially centered aroud education events (2 special articles sent to 10
newspapers); (2) volunteer involvement to support public education at community events
(participation at 3 events); two public meetings structured to share basic "Rouge Repair Kit"
types of practices with the public; and municipal cable television coverage of the public
education meetings.
The two community meetings will be structured as subarea citizen education workshops with
special citizen audiences in mind. For initial consideration, it is proposed that
Southfield/Beverly Hills/Lathrup Village/Farmington Hills/W. Bloomfield Township, be
2
included in on workshop. The second workshop would focus on Birmingham, Bloomfield
Township, Bloomfield Hills, Troy, and others.
The topics to be covered will be cooperatively identified by the Main 1 — 2 Subwatershed.
Several of the most important topics are expected to be the following:
• healthy lawn care
• riparian corridors and planting
• soil improvement and use of compost for water quality
• natural mulches; soil erosion control
• pet waste and animal waste issues
• household hazardous waste disposal
A cooperative plan for publicity and outreach for each meeting will be developed with
representaives from the appropriate Main 1 — 2 communities.
Planning for the sub-area workshops would be carried out cooperatively with city and village
representatives. Cities would be responsible for newsletter announcements, cable television and
local flyer distribution within the jurisdiction. SOCWA will organize the program and invite
speakers. If requested, SOCWA will prepare an outline for a script for a special municipal cable
presentation, including citizens would could be interviewed as part of the cable presentation.
Workshops will be well-publicized, and will involve SOCWA volunteers with table displays and
other support services. A folder with relevant handouts and an evaluation questionnaire will be
included.
SOCRRA and SOCWA public education flyers that have proven to be useful for public meetings
will be used. The New American Yard (11" x 17") will be printed for wide distribution in Main
1 — 2 communities (this flyer underwent a significant update in March 2000 and has not been
widely distributed to local residents). SOCRRA/SOCWA uses about 10 basic fact sheets to help
citizens reduce pesticide and quick-release fertilizer use. Packages of fact sheets will be made
available to each participating community.
Budget: Total budget for task: $6000
Task #3: Naturescapin2 and Nature Centers: Public Education Strate2v
for Rouge Landscape Restoration
This task will build upon the Naturescaping initiative completed by SOCWA in 1999. It will
also allow for areawide public information about the history of retention basins and stormwater
improvements in the Main 1 — 2 subwatershed.
The task will include the following activities:
3
• Provide selected cities with signs identifying native landscape plantings (from 1999). Cities
which have successfully installed plantings include: Southfield and Lathrup Village (estimated
cost for wood engraved signs: $600).
• Prepare and distribute small signs for native plant butterfly gardens that inform the public that
the planting is part of ecological restoration for the Rouge River landscape. Such signs would be
useful in nature centers and community gardens where native plant butterfly gardens are placed.
Twenty (10) signs at a cost of $60 each are expected ($600). Other signs appropriate for
"Rouge-friendly" gardens will also be considered. A listing of garden locations will be posted
on the SOCRRA website, together with ecological gardening principles and practices.
• Prepare a public information brochure that shows public access sites, nature centers,
stormwater retention basins, and parks along the Rouge River in the Main 1 — 2 subwatershed.
The brochure will emphasize nature study opportunities along the Rouge River, as well as the
benefits from stormwater retention projects to date.
• A planning meeting in cooperation with nature center managers and interested volunteers will
be convened for the purpose of sharing current information about park landscape restoration and
the potential for expanding Rouge River visibility through ongoing parks programs. A
memorandum will be prepared summarizing opportunities.
• A short guide for riparian landowners along the Rouge will be prepared, using materials
already published by stormwater quality agencies and citizen organizations in the Midwest.
Graphics will be emphasized. Copies will be provided to municipalities and local garden
centers. Emphasis in the riparian guide will be placed on the importance of buffers and plant
availability.
In addition to these activities, support will be provided for city and park initiatives to plan their
approach to natural area enhancement, including natural landscape inventory activities. An
estimated $1000 will be allocated for technical consultation on restoration of the Rouge River
landscape.
Budget: Purchase of signs: $1200
Preparation, graphics and printing for public access/Nature Center brochure: $3000
Preparation, graphics and printing of riparian guide: $1000
Agenda and notes from coordination workshops, including volunteer
communications and communication for participatory plantings, as needed $800
Total budget for this task: $6000
Task #4: Master Composter Training and Public Education Outreach for Home
Composting, Compost Use, Natural Mulches and Healthy Lawn Care
This task will help build citizen knowledge and capacity for community-based education on
several priority healthy lawn and garden practices including:
• Healthy lawn care;
• Selection of private contractors (healthy lawn care and ecological landscape princiiples)
• Making and using compost;
4
• Natural mulches for erosion control
Master Composters are trained in the subject matter and are also required to complete volunteer
acitivities in the community. SOCRRA will schedule a range of volunteer activities to provide
opportunities for Master Composters to test their skills.
As part of this task, 2 workshops with current Master Composter volunteers will be convened.
Workshops will focus on Rouge education priorities and evaluation of volunteer outreach
activities (program planning).
A SOCRRA Master Composter training class will be started in February 2001 and extend for a 6
week period. The benefits of compost for Rouge watershed landscapes and landscape restoration
will be included in the training. Citizens graduating from the class will be asked to assist with
education outreach in their own community.
The Master Composter Training Notebook will be updated and reproduced for use in the class.
Guest speakers will be invited. Topics to be covered include: making and using compost; the
science of decomposition and nutrient cycling; healthy lawn care; and healthy soils. Master
composters will be invited to assist with the hands-on portions of the training.
Assistance in finding useful volunteer work will be provided by SOCRRA staff Experienced
Master Composters and Advanced Master Composter volunteers will also be asked to assist with
volunteer outreach — before and after the training. Outreach displays for making and using
compost will be organized for display at Nature Centers, public events, municipal offices, and
other locations.
During 2000-2001, special emphasis will be placed on natural mulches because of the multiple
benefits: soil erosion control; healthy soils; and waste reduction — among other potential benefits.
Assistance will be provided to any municipality in the Main 1 — 2 subwatershed that would like
to be a demonstration site for either (1) healthy lawn care practices; or (2) benefits of compost
use and natural mulches. A soil test will be provided for each participating municipality.
Budget: $5000
Task #5: Public and Youth Education for Prairies and Wetlands
The health of the Rouge River is related to landscape restoration, especially including
stormwater retention in small wetlands. At the same time, an ecological understanding of
tallgrass prairie (e.g., Douglas Evans Nature Preserve) will enhance the connection between
residents and the Rouge.
SOCWA proposes to help students and adults connect with prairies and wetlands — past, present
and future.
This task will be completed through a series of steps:
5
1. Contacts will be made with 5 — 6 teachers interested in Rouge River restoration and healthy
lawn and garden practices. The possibility of youth tours at the Douglas Evans Nature
Preserve, connected to the curriculum, will be explored. An outline of classroom
presentations (to be made by volunteers and staff) related to landscape restoration and steps
to be done at home to protect the Rouge will be prepared. A folder for teachers with source
materials on prairie and wetland plants will be prepared.
2. Four classroom programs will be conducted, either in the classroom or at Douglas Evans
Nature Preserve. One of the four sessions will be:
• Schoenhals Elementary School — Southfield — 50 4t
Wed. May 10, 2000
Teachers will be provided with written materials about prairie and wetland environments and
their relationship to water quality and ecological restoration. The Rouge Repair Kit will also
be used as a teacher's guide. Take home worksheets for students will also be prepared.
3. SOCWA volunteers will be trained to serve as "docents" (tour guides) for the Douglas Evans
Nature Preserve (with youth and adults in mind). As part of this subtask, SOCWA will assist
the Village of Beverly Hills with Rouge Rescue activities on June 4, 2000. The brochure
prepared for the Village in 1999 will be updated and reprinted, as needed. Stormwater
retention basin education will be connected with the event. A plan for making area residents
aware of the tallgrass prairie and its benefits for Rouge water quality will be prepared, and
one public event (in addition to June 3, Rouge Rescue) will be scheduled.
4. An educational tour of the Douglas Evans Nature Preserve (which has a small wetland on the
site) will be announced, working with SOCRRA volunteers and the Village of Beverly Hills.
It is expected that one tour will be for students in the SOCWA Ecological Gardening for the
Rouge River class (see Task 6).
As a final step in completing this work task, a public education plan for the Douglas Evans
Nature Preserve, including prairie, wetland and woodland components of the Preserve, will be
completed.
Budget: $5000
Task #6: Ecological Garden Volunteer Training — Oakland County
In cooperation with Oakland County MSU Extension and selected nature centers, a course for
ciizen volunteers on Ecological Gardening will be offered.
The course will connect with Rouge River stewardship in several ways. First, basic training
about land-water connections (especially hydrology and ecology) will be included in the course.
Second, students will complete hands-on projects which help them connect their back yards to
the Rouge River.
6
Three landscape environments with significance for ecological gardening will be covered in the
class: (1) tallgrass prairies; (2) woodlands; and (3) wetlands. The class will have six sessions
which include one field trip and one classroom session on each of these environments. Several
of the naturalists from the Main 1 — 2 subwatershed will be principal instructors.
The class will be linked to the Ecological Landscaping Principles recommended through the
SOCRRA Healthy Lawn and Garden Technical Advisory Committee. These principles include
using native plants as the structure for the home landscape.
Advertising for the class will be made through Master Gardener mailing lists, Master
Composter/Ecological Gardener mailing lists, newspaper announcements, flyers distributed
through cities, and calendar announcements. If schedules permit, the class will be initiated in
September 2000 so that outdoor field work can be completed before December.
Students will receive an information notebook and badge.
Budget: $5000
7
BUDGET SUMMARY BY TASK
(not including matching funds, which will be provided
through SOCWA staff and volunteer time)
Note: SOCWA staff includes: program coordinator and program assistant fees.
Secretarial support, graphic design, printing, signs, and other direct expenses
are included in the "expenses" listings below.
Task #1: Healthy Lawn & Garden Practices — Spring 2000
SOCWA staff: $2700
Expenses: 300
TOTAL $3000
Task #2: Education Strategy for Household Hazardous Waste, Sanitary Wastes,
Yard Waste and Animal Wastes
SOCWA staff: $4500
Expenses: 1500
TOTAL $6000
Task #3: Naturescaping and Nature Centers: Public Education Strategy
for Rouge Landscape Restoration
SOCWA staff: $2000
Expenses: 4000
TOTAL $6000
Task #4: Master Composter Training and Education Outreach with Volunteers
SOCWA staff: $4000
Expenses: 1000
TOTAL $5000
Task #5: Public and Youth Education for Prairies and Wetlands
SOCWA staff: $3400
Expenses: 1600
TOTAL $5000
Task #6: Ecological Gardening Volunteer Training
SOCWA staff: $2000
Consultants: 1000
Expenses: 2000
TOTAL $5000
HEREBY
L Brooks Pip‘son. County Executive
EirPfiC , THE FOREGOING SOLUTION
21e/17)
Dote
Resolution #00173 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.
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 of July, 2000.
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE
CHARTER TOWNSHIP OF WEST BLOOMFIELD
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 CHARTER TOWNSHIP OF WEST
BLOOMFIELD, a Municipal Corporation whose address is 4550 Walnut lake Road,
P.O. Box 250130, West Bloomfield, Michigan 48325-0130 (hereafter, the
"Municipality"). In this Contract, either the County and/or the Municipality may also be
referred to individually as a "Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, 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 will further the goal to improve water
quality and recreational use of the Rouge River; 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, 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; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $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 restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, 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; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
NOW, THEREFORE, in consideration of these premises and the mutual
promises, 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 County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "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 the
County to perform any services necessary to carry out the objectives under this
agreement.
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
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality officers, elected officials, appointed officials, directors,
board members, council members, authorities, 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 and all persons acting by, through, under, or in
concert with any of them, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "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 any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "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").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management 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
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 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.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, 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 Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 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, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. 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. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement 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 $53,626.00. The internal
distribution of USEPA grant fund in by County shall not exceed $26,813.00 and
Municipality shall provide a '' um matching costs of $26,813.00.
4:0/f1/4407 )1ir-
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental services, authority, responsibilities, and obligations. Except as expressly
provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional,
statutory, and/or other legal right, privilege, power, civil or legal responsibility,
obligation, duty of care, liability, capacity, immunity, authority or character of office
of either the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to 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 of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 The Municipality agrees that it shall be solely and completely liable for any and
all Municipality 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 Municipality
Agent's employment status or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. The
Municipality 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 Municipality Agent and/or which are based
upon, result from, or arise from, or are in any way related to any Municipality
Agent's wages, compensation, benefits, or other employment-related or based
rights, including, but not limited to, those described in this section.
9.4 The Municipality agrees that no Municipality 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 Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. 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 Municipality 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 XL COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Township
Board for the Charter Township of West Bloomfield. The approval and terms of this
Contract, and/or any possible subsequent amendments thereto, shall be entered in the
official minutes and proceedings of both the Oakland County Board of Commissioners
and the Township Board for the Charter Township of West Bloomfield and shall also be
filed with the office of the Clerk of the County and the Clerk for the Charter Township of
West Bloomfield.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. 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.
11
ARTICLE XVI. CAPTIONS. 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.
ARTICLE XVII. 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality 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 Municipality 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.
12
DATE: ./t.,? 74d
DATE: WITNESSED:
lerk
EXECUTE
EXECUTED:
George W-Kuhn
Oakland County Drain Commissioner
WITNESSED:
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, Jeddy Hood , Supervisor of
the Charter Township of West Bloomfield, hereby acknowledges that he has been
authorized by a resolution of the Township Board for the Charter Township of West
Bloomfield, a certified copy of which is attached, to execute this Contract on behalf of
the Municipality and hereby accepts and binds the Municipality to the terms and
conditions of this Contract.
Charter Township of West Bloomfield
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.
• William Caddell,
County of Oakland Clerk/Register of Deeds
DATE: 7,7,7,00
DATE: S— 7 — 0 6
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMMGT\ILLDIS.WPD
EXHIBIT "A" 5