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HomeMy WebLinkAboutResolutions - 2007.08.16 - 28362MISCELLANEOUS RESOLUTION #07184 August 16, 2007 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER — ROUGE OAKLAND ILLICIT DISCHARGE ELIMINATION PROGRAM (IDEP) ACTIVITIES PROJECT - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the United States Environmental Protection Agency's Phase II Storm Water Regulations ("Phase II") of the Federal Clean Water Act went into effect March 2003; and WHEREAS, the Phase II regulations mandate that municipalities located within or near an "urbanized" area must be permitted under the National Pollutant Discharge Elimination Permit program; and WHEREAS, in compliance with the Phase II regulations, the Oakland County Drain Commissioner applied and received coverage under the Municipal Separate Storm Sewer Systems Watershed General Permit ("Storm Water general permit") for Oakland County; and WHEREAS the County of Wayne, through the Rouge River National Wet Weather Demonstration Project, has offered Federal grants to government entities for addressing and improving the water quality of the Rouge River; and WHEREAS the purpose of the grant is to enable the County and local units of government within the Rouge River Watershed to perform Illicit Discharge Elimination Program tasks aimed at removing pollution and improving water quality in the Rouge River Watershed; and WHEREAS the Oakland County Drain Commissioner has applied for and was awarded $110,867 of Federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $221,734, of which $110,867 is required from Oakland County as matching funds; and WHEREAS the required County match will be funded from the existing Drain Commissioner Environmental Unit FY 2008 General Fund budget, County Drain Districts and participating communities per Interagency Agreements with the Drain Commissioner; and WHEREAS no additional County personnel or monies are required, and all grant funds will go towards the Rouge-Oakland Illicit Discharge Elimination Program Project; and WHEREAS the United States Environmental Protection Agency (USEPA) has established grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31: and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of the reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $110,867 for the Rouge Oakland Illicit Discharge Elimination Program Activities Project. BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) PERCENT OF THE ORIGINAL AWARD, CONSISTENT WITH THE GRANT AGREEMENT APPROVED. BE IT FURTHER RESOLVED that Interlocal Agreements be entered into between the Drain Commissioner and participating local communities prior to any work being done on their behalf. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF - Drain Commissioner's Office GRANT NAME: Rouge Oakland IDEP Activities Project FUNDING AGENCY: Wayne County: Rouge River Wet Weather Demonstration Project DEPARTMENT CONTACT PERSON: Jim Wineka / 858-1901 STATUS: Grant Acceptance DATE: July 31, 2007 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution'. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (07/26/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (07/26/2007) Risk Management and Safety: Approved by Risk Management. Per Joe Colaianne, Wayne County will not amend any of the insurance requirements contained in the grant agreement. Oakland County will not name the County of Wayne as Additional Insured on any Oakland County insurance policy, self-insurance, or certificate of insurance. — Andrea Plotkowski (07/31/2007) Corporation Counsel: There are no outstanding legal issues concerning this grant. — Joellen Shortley (07/31/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Please review the Grant Agreement for additional compliance requirements. • Federal Civil Rights Act of 1964 http://wwvv.usdoigov/crt/cor/index.htrn • Environmental Protection Agency regulations (40 C.F.R., Part 7) http://www.epa.govicivilrights/docs/40p0007.pdf • Michigan Civil Rights Act (1976 P.A. 453) http://www.legislature.mi.gov/(S(eavsv4bg0rpdowylwbyly03g))/mileg.aspx?page=getob ject&objectname=mcl-Act-453-of-1976 • Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" littp://wvvw.legis1ature.mi.gov/(uq3lxgeltmrj5z55z2uiwv45)/mi1eg.as -Tx?page=getobject &objectname=mcl-Act-220-of-1976&queryid=14718589 • The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http://frwebgate4.access.gpo.gov/cgi- bin/waisgate.cgi?WAISdoc142030427315+0+0+0&WAISaction=retrieve • Protection of Environment (40 C.F.R., Part 31) http://frwebgate.access.po.gov/cgi- bin/multidb.cgi?WAISdbName=cfr+Code+of+Federal+Regulations+%28current+data%2 9& WAIS queryRu I e=%28%24WAISqueryString%29&WAIS queryString=40CFR31&W AlStempIate=multidb results.html&Submit.—Submit&WrapperTemplate=cfr wrapper2. html&WAISmaxHits=120 • Section 6.4 of the grant agreement requires Women/Minority Business Enterprise compliance as follows: Construction 20% MBE 10% WBE Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER GENERAL PERMIT 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 Michigan Public Corporation ("Entity"). RECITALS WHEREAS, the County is the recipient of, and is responsible for the administration of certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration Project Grant ("Grant"). WHEREAS, the United States Environmental Protection Agency ("USEPA") has established Grant conditions and regulations that require the County to act as the responsible party with respect to the Grant, including those provisions described within 40 C.F.R. Part 31. WHEREAS, the USEPA will supervise the Grant and Grant conditions in order that the Grant be used in accordance with the requirements of the law. WHEREAS, the parties have agreed to follow certain administrative procedures and cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's requirements and objectives. WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge Project") is a comprehensive watershed-wide program addressing wet weather pollution problems ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge River. WHEREAS, one of the purposes of the Grant is to enable the County and local units of government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution. WHEREAS, implementing the National Pollutant Discharge 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 Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, illicit discharge elimination, public education and subwatershed management planning and implementation 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 Rouge Oakland IDEP Activities Project set forth in this Agreement would further the goals of the Grant. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties hereby agree as follows: ARTICLE I SCOPE OF PROJECT 1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the activities described in Attachment "A" 1.2 The budget presented in Attachment "A" along with the scope of work presented in Attachment "A" specify the performance of the work as anticipated at the time the contract is signed. 1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the County in the grant close-out process. The Final Project Summary Report should 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 products completed (project products are listed in Attachment "A"); and project highlights. B. Comments on how the completion of this project benefitted 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 transferrable to other communities or agencies. E. List of all task products completed. The list 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". 2 ARTICLE III FINANCIAL PROVISIONS AND BUDGET 3.1 The detailed budget is contained in Attachment "A" and will be considered an approximation based on the best information available at the time of this Agreement. The internal distribution of the monies allocated among project elements may be modified by the Entity up to a total cumulative transfer among direct cost categories not to exceed 10% of the total budget without written approval by the County. Other modifications to the budget will be only upon written Agreement between the County and the Entity. 3.2 The County will provide funds from the Rouge Project grant to partially fund the approved, allowed, and eligible costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $110,867. The Entity shall provide a minimum match of $110,867 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 to 20 percent of the total federal fund allowable to the Entity until the completion of the project by the Entity cis identified in Attachment "A ". Upon completion of all the tasks by the Entity, the approval of the Entity task products by the County, and the approval of the Entity submittal of the documentation of the final project cost by the County, the remaining 10 percent of the federal funds will be reimbursed to the Entity. ARTICLE IV CONTRACT ADMINISTRATION AND PAYMENT 4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit to the County project status reports and invoices on standard forms provided by the County. 4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days after each quarter end date. R.ei mbursemenis 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. 3 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 US EPA. 4.7 The Entity will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The Entity will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format to be established by the County. 4.8 The Entity will exercise the necessary contract oversight and administration of any subcontracts. These duties include, but are not limited to construction inspection and negotiating and executing change orders (where construction is to occur), monitoring project progress, responding to subcontractor or citizen complaints, coordinating between different subcontracts, and overseeing subcontractor's compliance with the approved project plans and specifications. These activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R. Part 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to the Director of Watershed Management Division, Department of Environment, Wayne County, care of Mr. Razik Alsaigh, 415 Clifford, Detroit Michigan 48226. ARTICLE V AUDIT AND ACCESS TO RECORDS 5.1 The Entity will maintain and retain financial records and supporting documentation in accordance with generally accepted accounting procedures and in accordance with the requirements of federal and state regulations. 5.2 The Entity will cooperate with and assist the County with respect to federal or state audit review related to the use of Grant funds. This cooperation shall include preservation of the necessary documentation and access to the records until federal and/or state audit resolution processes have been completed and notification of records disposal has been received by the County. The Entity will cooperate with the County with respect to evaluating audit findings of this Agreement. 5.3 The Entity will be responsible for the reimbursement of any funds required to be returned to the USEPA due to Entity actions or omissions, as determined by audit findings, and the Entity will be so ley responsible for the repayment of such funds to the County or USEPA. 4 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 lhe assistance award for this project. 6.2 The Entity understands that the County has no funds other than the Grant funds to pay for the project costs. All costs other than the Grant funds associated with the activities which are the subject matter of this Agreement will be the responsibility of the Entity. ‘_ 6.3 The Entity will cooperate with the County to ensure timely completion of- the tasks undertaken as part of the project. Cooperation includes, but is not limited to sharing information and records, participation in applicable committees, and assisting in development and evaluation o f water quality improvement alternatives. 6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the Grant. In the event there are any conflicts between the provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The June 16, 1998 correction letter of the grant fair share goals from EPA. The fair share goals for the Grant as identified in that letter are as follows: Construction 20% Minority Business Enterprise (MBE) 10`)/0 Woman Business Enterprise (WBE) Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE 6.5 The Entity is responsible for securing all necessary peiiiiits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. The Entity will act at all times in accordance with applicable federal and state regulations, and will secure any permits and negotiate the terms of agreements in accordance with those requirements. 6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes related to the taking of interests in land. 6.7 With respect to construction projects, the Entity is responsible for conducting post-project evaluation and certifying that any construction meets the approved design criteria. These certifications will be submitted to Wayne County and the US EPA 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. 5 6.8 The ownership of any facilities constructed under this Agreement will remain with the Entity. The Entity agrees to operate and maintain the facility consistent with the Grant project goals and in accordance with the requirements of the applicable federal and state statutes and regulations, Grant conditions, and local ordinances. 6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating to any equipment including computers and peripheral computer equipment purchased as part of this grant assistance project. 6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a duly authorized representative of each party. 6.11 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (d) relating to procurement o f services as part o f this grant assistance project. For construction contracts the Entity shall use bid type contracts. For consulting contracts, the Entity shall use any of the four procurement procedures in the 40 CFR 31. For most of the consulting contracts, the RFQ or RFP procurement procedure is the applicable one. The selection of the consultant can be based on the qualification or qualification and cost proposal. After selecting your consultant, submit your procurement documentation to the County. The procurement documentation should include: — Rationale for method of procurement — Copy of advertisement, where it was published and for how long. — How many proposals received? — How was company X selected (You can use pre-established criteria of qualification or cost or both). — Selection of type of contract to be used. 6.12 The Entity warrants that it will comply with the provisions o f 40 C.F.R. Part 31.36 (f) relating to contract cost or price of services as part of this grant assistance project. Price/cost analysis must be performed by the Entity prior to award of any type of contract. The selected contractor must submit a cost proposal to the Entity. The cost should be broken down by task. The cost proposal should consist of the following categories: Direct labor (with backup that establish this cost (hours and personnel)) Overhead (backup to establish this rate) Other Direct Expenses (backup to establish this item) Subconsultant Subconsultant Administrative Charge (if applicable) Total Fee (Fixed for a fixed fee contract) The cost analysis consists of the Entity determining the reasonableness of the selected contractor's proposed cost, (i.e. is the allowable overhead rate used, correct pay rates for employees, accurate expense rate charges). Price analysis consists of the Entity comparing proposed prices received with 6 other proposals submitted for this job, independent estimate from the Entity experience or cost estimate from existing master plan. Copies o f price/cost analysis documentation should submitted to the County. After completing the price/cost analysis, any type of the contracts indicated below can be executed: Cost plus fixed fee contract. — Fixed price (lump Sum) contract. — Catalog price contracts, example: geotechnical investigations with the price of the test are established in the market. — For certain contracts where the above types are not applicable, the county will allow contracts with proscribed billing rates (per diem contracts), which establishes pay rate for professional categories example: Engineer I, Engineer II, Project Engineer, Field technical Help, e-tc: These above types of contracts are applicable for the main contractor and the sub-contractor level also. Cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. ARTICLE VII WAIVER OF BREACH 7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any breach affects or alters this Agreement, but every term of this Agreement remains effective with respect to any other existing or subsequent breach. ARTICLE VIII TERMINATION 8.1 This Agreement will terminate after the final audit and final resolution of any issues related thereto as described within 40 C.F.R. Part 1, Subpart D. 8.2 This Agreement may be terminated in whole or in part in writing by the County for its convenience. The Entity must be given: (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 7 and approved by the County, relating to personnel hired specifically for activities related to this Agreement, provided such costs are eligible and allowable under the terms of the Grant. 8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the County all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may be accumulated by the Entity in performing this Agreement, whether completed or in process. 8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the work and prosecute the same to completion by Agreement with another party or otherwise. 8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt requested to: Wayne County, Department of Environment, Director of Watershed 1\41magement Division, 415 Clifford, Detroit Michigan 48226. ARTICLE IX LIABILITY 9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the County. Nothing herein will be construed as a waiver of any governmental immunity by the Entity, its agencies, or employees have as provided by statute or modified by court decisions. 9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the County will be the sole responsibility of the County and not the responsibility of the Entity. Nothing herein will be construed as a waiver of any governmental immunity by the County, its agencies, or employees have as provided by statute or modified by court decisions. ARTICLE X INSURANCE 10.1 The Entity shall purchase and/or self-insure, to the extent permissible by law, have the County, its officers, commission, boards, and employees named as additional parties insured under the policy or policies of insurance and maintain such insurance so as to protect the County from claims set forth below which may arise out of or result from the project services, whether such services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose acts any of them may be liable. 10.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, a professional liability insurance policy for claims for damages arising out of an error, omission, or negligent act in the performance of professional services, with limits of $1 million 8 dollars per claim and $1 million dollars in the aggregate for each twelve (12) month period. The Entity agrees that the policy may not be substantially modified or canceled without thirty (30) days prior written notice to the County and shall promptly notify the County of any failure to renew such policy as necessary prior to final completion of the Project. l 0.3 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, with insurance companies authorized to do business in the State of Michigan, the following insurance coverages: 10.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 10.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation Insurance for claims for damages because ofbodily injury, occupational sickness or disease, or death of an employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall be subject to limits of liability of not less than $500,000 dollars for each incident. 10.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the Entity's employees, or damage to tangible property of others, including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than $500,000 per occurrence and $1 million annual aggregate and property damage limits ofnot less than $500,000 per occurrence or combined bodily injury/property damage limits of not less than $750,000 per occurrence and $1 million annual aggregate. 10.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity's contract under Article X concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Agreement, to the extent that such kinds of contractual liability are insurable in connection with, and subject to, limits of liability not less than for the professional liability insurance and general liability insurance set forth in subparagraphs 10.2 and 10.3.3, above. 10.3.5 Comprehensive Automobile Liability coverage, including coverage for all owned, hired, and non-owned vehicles with coverage of $1 million dollars per occurrence for bodily injury and property damage combined. 10.3.6 Automobile No-Fault Insurance required by law for claims arising from ownership, maintenance, or use of any motor vehicle owned or non-owned, County, or for-hire vehicles, with, coverage of Slmillion single limit of liability and any applicable first-party benefits based on Michigan's no-fault law. 10.4 Certificates of insurance shall he provided to the County prior to commencing Project Services under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be 9 canceled, materially modified, or allowed to expire unless the insurance carrier has given at least thirty (30) days prior written notice to the County. 10.5 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. 10.6 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. I 0.7 The provisions of this Article shall survive the expiration ofany termination of this Agreement for a period of three (3) years. ARTICLE XI NON-DISCRIMINATION 11.1 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 (PI,. 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. §6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its associated regulations; and F. The Michigan Constitution and all state laws and regulations governing fair employment practices and equal employment opportunity, including but not limited to the Michigan Civil Rights Act (1976 P.A. 453),and the Michigan Handicappers Civil Rights Act (1976 P.A. 220). 11.2 The Entity agrees that it will not discriminate against any person, employee, consultant or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment because of his or her religion, race, color, national origin, age, sex, height, weight, 10 marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular to a job or position. 11.3 The Entity further agrees that it will require each contractor performing services under this Agreement to agree to the provisions of this Article. 11.4 The Entity is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE XII ASSIGNABILITY 12.1 This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. 12.2 Neither of the parties hereto may assign this Agreement without the prior written consent of the other. ARTICLE XIII VALIDITY 13.1 If any provision of this Agreement or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially alter the contract or make execution impractical. ARTICLE XIV ENTIRE AGREEMENT 14.1 This document, including any attachments, contains the entire agreement between the parties. 14.2 Neither party has made any representations except those expressly set forth herein. 14.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise unless set forth herein. ARTICLE XV PATENTS, COPYRIGHTS, AND RIGHTS IN DATA 15.1 If this Agreement involves research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed in the course of or under this Agreement, the Entity and the County shall retain joint authority to patent or license. II 15.2 The parties agree that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted, or which are specified to be delivered under this Agreement, or which are developed or produced and paid for under this Agreement are subject to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish and use in whole or in part and to authorize others to do so. 15.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and rights provisions of 40 C.F.R. Part 30 Subpart D including Appendix B and Appendix C. 15.4 This clause shall be included in all subcontracts. ARTICLE XVI JURISDICTION AND GOVERNING LAW 16.1 This Agreement, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan. ARTICLE XVII EFFECTIVE DATES 17.1 This Agreement becomes effective and shall allow for billing of costs incurred immediately upon signing by both parties. This Agreement, unless extended by mutual written agreement, expires on September 30, 2008. Should the USEPA require reimbursement by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible for any such reimbursement. ARTICLE XVIII PARTY REPRESENTATIVES 18.1 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 Chief Engineer for Oakland County Drain Commissioner's Office. Either party may assign alternate representatives upon written notification of the other party. 12 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: ROBERT A. FICANO Its: Wayne County Executive COUNTY OF OAKLAND, MICHIGAN By: Its: .F \watershed \ Razik \Rouge SubgTants\Funded ProjeckounciVIIARVIIB Projects \ RVI1B06 MA-RVIIB06.v.-pd May 16, 2007 13 ATTACHMENT "A" Rouge — Oakland IDEP Activities (RVIIB-06) Oakland County Drain Commissioner's Office 1. PROJECT PURPOSE AND OBJECTIVES This Illicit Discharge Elimination Program (IDEP) project is designed as a follow up to the Rouge River outfall survey conducted under the Voluntary Storm Water Permit from 1999 through 2002. During this survey, open portions of the Rouge River and its tributaries in Oakland County were walked and outfalls to the open water courses were identified. Outfalls with flow were screened for primary pollutants as Indicators for potential illicit discharges. OutfaIls exhibiting sewage contamination as indicated by E. coli concentrations of 10,000 colony forming units per 100 milliliter (CFU / 100 ml) of sample or greater were investigated for illicit discharge sources. That project identified 3,834 outfalls to open watercourses and 47 illicit discharges were investigated and eliminated. Although the outfall survey performed under the voluntary permit identified outfalls to open watercourses, assignment of jurisdictional authority for the outfalls was not performed. Under the Federal Phase II Storm Water permit, each agency must identify the Municipal Separate Storm Sewer Systems (MS4s) under their jurisdictional authority and identify the point (Outfall) at which each system discharges to the 'Waters of the State" or changes jurisdictional authority. GPS location, outfall information and water quality data was collected during the project. However, local communities received only raw data with no procedural information given or technical support provided for data interpretation to assist them with any necessary follow up work. There was no concerted effort to develop an external data review process and data sharing mechanism with local municipalities and other jurisdictional authorities so that outfall locations and data collected from the project could be assimilated and used at a local level in IDEP programs and for permit reporting purposes. Water quality sampling was conducted on outfalls to open watercourses exhibiting dry weather flow and on outfalls exhibiting indications of sanitary sewage contamination. At that time the threshold limit for illicit discharge investigation of an outfall was 10,000 CFU / 100 ml of E. coll. Subsequent review by the Oakland County Drain Commissioner's Office (OCDC) of water quality data collected during that survey suggests that there may be a substantial number of additional outfall locations that contain illicit discharges. This review was based on complaints received during 2003-2005 that were traced back to outfalls identified during the original survey with E. coil concentrations above state water quality standards of 1,000 CFU /100 ml, but never investigated because it was below the threshold quantity at that time. Additionally, follow up surveys and 05/17/07 1 sampling on County Drains in the Rouge Watershed by OCDC staff during the summers of 2003 and 2004 led to the identification and elimination of illicit discharge sources. In the Oakland County Illicit Discharge Elimination Plan (IDEP) OCDC has established a lower threshold criterion for E. coil at the state water quality standard and adopted additional water quality parameters to be used in identifying potential illicit discharges. Based on this new criteria, it is estimated that over 200 outfall locations identified during the original Rouge outfall survey will need to be reviewed for potential illicit discharges and follow up investigation. Under this project the OCDC plans to: • Work with communities and other permitted agencies to review GPS data and identifies ownership of outfalls. • Review dry weather screening information, water quality data, and illicit discharge investigation activities performed by OCDC, other County departments, communities and state regulatory agencies to compile a list of outfalls and inlets with suspected illicit discharges. • Perform follow up investigations at suspected illicit discharge locations to identify illicit discharge sources. • Work with communities, local agencies and regulatory authorities to eliminate the illicit discharge sources. • Continue to provide a 24-hour Surface water environmental hotline for citizen complaints in Oakland County Rouge Watershed communities. • Develop standardized procedures for data collection, data management, data sharing and data delivery to be used in distributing outfall information, water quality data, illicit discharge investigation and complaint information to communities for use in their IDEP programs and Phase II reporting. • Provide updated outfall inventory, illicit discharge investigation, and citizen complaint information to communities for Phase II reporting. This project will assist Rouge-Oakland communities in achieving the goals set out in the Subwatershed Management Plans (SWMPs). This project supports the Oakland County and Rouge-Oakland communities SWPPIs by meeting the four required elements of their IDEPs: 1) A program to find, prioritize and eliminate illicit discharges and illicit connections identified during dry weather screening activities. 2) A description of a program to minimize infiltration of seepage from sanitary sewers and onsite sewage disposal systems (OSDS) into the applicant's separate storm water drainage system. 3) A method for determining the effectiveness of the illicit discharge elimination activities which shall, at a minimum, result in the inspection of each storm water point source every five years unless Michigan Department of Environmental Quality approves an alternate schedule. An alternate schedule may focus efforts on urbanized areas and cover other regulated areas less frequently based on watershed goals. 05/17/07 2 4) An updated map of the location of each known storm water point source and the respective receiving water or drainage system. This project addresses the IDEP elements of the Oakland County SWPPI, specifically Oakland County Goal 1 — Remove Sources of Pollution that Threaten Public Health. This project will coordinate IDEP efforts between OCDC, the Road Commission for Oakland County (RCOC), the Oakland County Health Division (OCHD), and local participating communities to address illicit discharges identified during the Rouge outfall survey conducted in 1999-2002 and any new findings. Through this project illicit discharges in the Rouge River Watershed will be handled in an organized and cost effective manner so that discharges discovered are verified, investigated, eliminated and reported as required under the Federal Phase II Storm Water Permits. This project will assist communities in verifying and following up on outfall mapping data collected during the Rouge Outfall Survey. This project would also assist communities in investigating and eliminating any remaining illicit discharges and assist them in formatting and presenting data to the State as required. This project will also enable the County to continue to provide the 24-hour citizen based surface water pollution complaint hotline that was started under the Voluntary Permit. 2. TASK DESCRIPTION The following tasks will integrate the IDEP efforts of Oakland County agencies and local partnering communities. OCDC will coordinate the collection and dissemination of information and materials with all agencies and communities involved in the project. These tasks will accomplish the goal of this project, which is to continue IDEP progress in the Rouge Watershed by prioritizing ongoing IDEP efforts based upon available IDEP information. By utilizing existing data we can focus our limited resources to achieve maximum water resource improvement with minimal costs. The project Tasks are: A. Outfall Ownership Identification OCDC will meet with communities and other permitted agencies to identify the jurisdictional authority, or ownership, for the 3,800 previously identified outfalls. The Rouge Oakland Communities will supply OCDC with their available storm sewer GIS data, or other information as available. OCDC will correlate existing outfall data to existing storm sewer data in an attempt to assign outfall ownership. Ownership options include OCDC, RCOC, Municipal or private. OCDC will work with communities and others to verify ownership to the extent possible. Field surveys will be performed to verify the location and jurisdictional authority of the outfalls as necessary. Outfall information will be updated and data will be migrated to an ArcGIS geodatabase for County and community use. Sub-Tasks 05/17/07 3 • Meet with communities and other agencies to obtain available local storm drain information • Identify ownership of outfalls (county, local municipality, private) • Perform field surveys to verify information • Update GIS data fields to include ownership information Deliverables: GIS based data layer with ownership of outfall locations B. Water Quality Data Review / Illicit Discharge Identification The purpose of this task is to determine what outfalls are suspected of having illicit discharges, which have been corrected and assigning responsibility for remaining suspected illicit discharges based upon new threshold criteria. OCDC will 'review existing water quality and field survey data against the revised parameters and threshold values currently used in OC IDEP programs to identify suspicious outfalls. OCDC will coordinate the review with communities, other permitted agencies, and regulatory authorities to determine locations where illicit discharges have been eliminated and identify additional locations with potential illicit discharges. OCDC will perform field surveys as necessary to evaluate the outfall information and dry weather screening data collected during the previous survey. This information will be used to generate a table of outfalls with confirmed illicit discharges that have been eliminated and a table of outfalls with suspected illicit discharges that need to be investigated. Sub-Tasks • Review existing information to determine what outfalls have been corrected and which have possible remaining illicit discharges based on new water quality criteria • Gather information on discharge elimination activities performed by County, local community, state and other regulatory agencies Deliverables: • Table of outfalls with discharges that have been identified and eliminated. • Table of outfalls with suspected discharges that need to be investigated. • Summary report of eliminated discharges, that includes discharge information, investigation, corrective actions, dates and agencies involved. C. Illicit Discharge Investigations The purpose of this task is to investigate and confirm suspected illicit discharges and assign responsibility for correction. OCDC will perform investigations on outfalls to County Drains suspected of having illicit discharges. RCOC will be notified of discharges from County Road drain systems. OCHD will be notified of discharges from failed septic systems. Local communities will be notified of discharges from community drain systems and discharges to the Waters of the State within their community for investigation. MDEQ will be notified of discharges to Waters of the State as appropriate. Prioritization for Investigation of Illicit Discharges 05/17/07 4 Illicit discharges and connections are identified by IDEP staff performing routine dry weather screening of outfalls and also by responding to pollution complaints received through the Oakland County 24 hour surface water pollution hotline. Decisions regarding OCDC day-to-day IDEP priorities are made by OCDC trained water quality professionals who routinely review field sampling data and coordinate daily with field crews to make case-by-case decisions about priorities. Priorities are set with the objective of first minimizing public health threats, and secondly, minimizing environmental impacts. Illicit discharges impacting swimming areas, or threatening public health, are given top priority. Discharges impacting the environment are prioritized based on estimated loading determinations, if possible. Discharges with higher loading/concentration of pollutant have priority over those with lower loading/concentration of pollutant. Previous Rouge IDEP data will be reviewed as a starting point for ongoing IDEP field investigations. Sub-Tasks: • Perform field surveys / sampling as necessary to investigate suspected illicit discharges based on new criteria • Prioritize investigation activities based on outfall location and type / quantity of pollutants discovered • Perform investigation to locate discharge source(s) or refer to local jurisdictional authority for follow up as appropriate Deliverables: • Summary of illicit discharge investigation activities. D.Illicit Discharge Elimination Upon identification of an illicit discharge source (property owner or facility), OCDC will contact them along with the local municipality, the OCHD, the MDEQ and others as needed to identify and eliminate the illicit discharge source. Activities may consist of property and facility surveys, testing of storm water and sanitary sewer systems for illicit connections, testing of onsite sewage disposal systems (OSDS) for failures or misconnections and review of onsite storage, handling and disposal practices for polluting or hazardous materials and wastes. OCDC will facilitate or perform inspections on properties and facilities related to County drain discharges. OCHD will perform inspections on OSDS related issues. Local communities and property/facility owners will be notified of illicit discharges to community drain systems or to Waters of the State. Local communities will follow up with inspections of facilities to locate and eliminate illicit discharges. Notification of discharges from properties and facilities to the "Waters of the State" will also be sent to the MDEQ and others as appropriate. Sub-Tasks: • Notify facility / property owners, local municipalities and appropriate regulatory agencies of confirmed illicit discharge sources • Work with local authority and other regulatory agencies to perform property and facility inspections as necessary to identify illicit connections and other sources of pollutants 05/17/07 5 • Work with regulatory authorities to require corrective actions to eliminate pollutant sources • Coordinate follow up activities as necessary to verify elimination and quantify volume of pollutants eliminated Deliverables: • Summary of illicit discharge elimination activities E. 24 Hour Complaint Hotline OC will continue to operate the 24-hour surface water pollution complaint hotline. OCDC will update their hotline brochure and print and distribute copies to municipalities and other interested stakeholders. OCDC will log complaints in a database, verify compliant information and perform field investigations or referrals to identify the appropriate response authority. Complaints directly related to surface water discharges in the Rouge Watershed will be eligible for grant funding. OCDC will notify the community or appropriate agency of the complaint and provide complaint information for investigation. OCDC will investigate complaints related to County drain systems, RCOC will investigate complaints related to County road drains, and OCHD will investigate complaints related to OSDS issues. Community complaints that are non-county drain related will be referred to the community for investigation. Complaints involving discharges to the Waters of the State will be referred to MDEQ or other appropriate regulatory agency for follow up investigation and enforcement. Complaints involving spills of hazardous or polluting materials requiring immediate emergency response will be referred to the appropriate emergency response authority. Sub-Tasks: • Update OCDC 24-hour hotline brochure information and public education materials • Distribute hotline materials to local municipalities and other appropriate agencies / organizations • Log complaints received by he hotline into database • Perform IDEP investigations and or make illicit discharge notification for complaints resulting in identification of pollutant discharges to surface waters Deliverables: • Summaries of complaints including responding agencies, illicit discharges discovered, illicit discharges eliminated and dates • Copies of Hotline promotional materials F. Data Management and Distribution OCDC staff with support from Oakland County's Department of Information Technology (IT) will integrate Rouge outfall mapping data, sampling data, water quality data, photos, complaint investigation and illicit discharge information into a relational database structure consistent with Oakland County data standards. This structure will also be used to integrate data collected from previous Rouge IDEP outfall surveys with data being collected under this Rouge IDEP project. This includes standards for data 05/17/07 6 collection, data management, GIS mapping and distribution to be used in the generation of reports, graphical displays and for distribution to communities and regulatory agencies. A web-based option for viewing outfall locations, sampling data, complaints and illicit discharge information will also be developed. Sub-Tasks: • Capture overview of process; review IDEP documentation • Develop SQL and GIS data structure for consolidation of existing IDEP data • Standardize existing GIS data; assign primary keys as needed • Migrate data to the ArcGIS SDE environment • Develop plan for migration of sampling data, water quality data, photos, complaint investigation and illicit discharge information to a SQL database, creating/maintaining associations between GIS and SQL data • Migrate above data • Update current data/point capture procedure as needed • Add spatial data to ArcIMS site, providing login access to communities and other stakeholders as requested; provide table data as needed Deliverables: • Workflow overview of process: data capture through web presentation • IDEP database and GIS data structure schematic • GIS data —standardized and migrated to a single SDE Feature Class • Hard copy samples of GIS based mapping and reporting products • Web-based application for viewing above data • Maintain login access to communities and regulatory agencies G. Grant Administration OCDC will provide necessary grant administration including accounting, Inter-Agency Agreement (IAA) coordination, facilitation, status reporting, reimbursement requests and final summary report preparation. OCDC reserves the right to utilize contract services for both administration and field work as needed and depending upon existing staff work load. Sub-Tasks: • Develop IAA's as necessary to perform IDEP work for communities • Track grant eligible activities as necessary to capture financial and workflow information to identified tasks • Collect and organize data and information from internal and external agencies as necessary to complete defined deliverables • Compile financial statements, workflow information and information collected from external agencies as necessary to generate quarterly status reports Deliverables: • IAA's • Status reports Final report 05/17/07 7 Task Description A - Outfall Review Identification B - Water Quality Data Review C - Illicit Discharge Investigation D - Illicit Discharge Elimination 2007 2008 E - 24 Hour Complaint Hotline F- Data Management and Distribution G - Grant Administration 3. PROJECT SCHEDULE (Anticipated) Rouge — Oakland IDEP Activities ? 05/17/07 8 4. PROJECT COST Rouge Oakland lDEP Activities Estimate Cost Summary Table Task Description Cost Type of Effort A — Outfall Identification $9,124 Outfall Data Review / Mapping B - Water Quality Data Review $ 34,950 Water Quality Data Review C - Illicit Discharge Investigation $ 45,000 Field Investigation D- Illicit Discharge Elimination $45,000 Field Investigation —Discharge Elimination/ Report Preparation E - 24-Hour Complaint Hotline $40,660 Field Investigation / Report Presaration F- Data Management And $23,350 Database Development / GIS Distribution Mapping/ Website Development G - Grant Administration $23,650 Data Collection / Report Pre. aration - • - , ., 7 e i., ,L1,' s A ,,,,,,ct ..„?.• ' .y... t- ,,, 4, Total Project Cost $ 221,734 Grant Funding $110,867 Project Funding Percentage = 50% 05/17/07 9 05/17/07 10 Rouge Oakland IDEP Activities Estimated Cost Table Hours I Task Number I Field Labor & Lab Field Eng. GIS IT Fringe Costs** and Description Planner I Crew Equip.* Printing Total Leader Crew Tech Tech Support Labor & Fringe Rate $47 $46 $30 I $40 $40 $60 A - Outfall Identification 75 20 120 $ 9,124 $ 9,124 B - Water Quality Data Review 50 250 250 20 $ 22,150 $ 4,300 $ 8,500 $ 34,950 C - Illicit Discharge Investigation 100 300 300 40 $ 29,100 $7,400 I $ 8,500 $ 45,000 D - Illicit Discharge Elimination 100 300 300 40 $ 29,100 $7,400 $ 8,500 $ 45 000 E — 24 Hour Complaint Hotline BO 200 200 20 J $ 19,760 $7,400 $ 8,500 $5,000 $ 40,660 F — Data Mgt. & Distribution 50 150 250 $ 23,350 $ 23,350 G - Grant Administration 350 150 30 $ 23,650 $ 23,650 Totals 805 1250 1250 290 i 250 250 $156,234 $26,500 $34,000 $5,000 221,734 I * Equipment costs include vehicle usage, water quality test ampoules for Ammonia, detergents, and disposable supplies needed for sampling. ** Lab costs for processing E. coil and other analytical samples. 5. LOCAL MATCH The required grant match will be met by OCDC in-kind labor services including equipment costs. OCDC costs will be funded from County Drain Districts. Matching funds for work performed for communities will be met by communities through an IAA with OCDC. The estimated match allocation follows: Organization Match Type Funding Source Amount OCDC In-Kind, Matching Funds County Drains $55,434 Communities Matching Funds Communities $55,433 05/17/07 11 FY 2008 29472 Transfer Out Contracted Services Total Expenditures . Fund (82000) $11,675.00 ($11,675.00) 0.00 Special Assessment ($144,559.00) Total Revenue ($144,559.00) Salaries Fringes Total Expenditures ($ 90,349.00) ($ 54,210.00) ($144,559.00) FISCAL NOTE (MISC. 107184) August 16, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ROUGE OAKLAND ILLICIT DISCHARGE ELIMINATION PROGRAM (IDEP) ACTIVITIES PROJECT - GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. To maintain compliance with the Michigan Department of Environmental Quality's Watershed Based Permit, this grant provides funding to enhance and expand the current Illicit Discharge Elimination Program (IDEP) Activities Project in order to sample and investigate surface water complaints to identify and remove pollution sources entering our waterways. 2. The Rouge Oakland IDEP Activities Project was awarded a Federal grant reimbursement from the County of Wayne in the amount of $110,867.00 and Oakland County will match the funds by 50%, or $110,867.00 for a total project cost of $221,734.00. 3. The USEPA has established regulations for Oakland County to follow as the responsible party with respect to the acceptance of the grant including those provisions described within 40 C.F.R. Part 31. 4. This is a one-time grant and therefore indirect costs for this particular grant were not calculated in the County's indirect cost plan. 5. The County match will be met from a combination of existing personnel, multiple County Drain Districts and participating communities per Interagency Agreements and $11,675 transferred from the Drain Commissioner General Fund Environmental Unit Contracted Services budget. 6. A budget amendment is recommended to the Fiscal Year 2008 County Executive Recommended Budget as follows: General Fund (10100) Expenses 6010101-174450-788001- 6010101-174450-730373 Chapter 20 Drain Maint Revenue 6010201-155010-605572 Expenses 6010201-155010-702010 6010201-155010-722740 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Rouge Oakland IDEP Activities Project (29472 Project GR0000000365 Activity ADM) Revenue 6010301-174453-695500-10100 Transfer In $ 11,675.00 Local Match $ 99,192.00 Federal Operating Grants $110,867.00 Total Revenue $221,734.00 6010301-174453-625558 6010301-174453-610313 Expenses 6010301-174453-702010 6010301-174453-722740 6010301-174453-730373 6010301-174453-731388 6010301-174453-771639 6010301-174453-731031 Salaries Fringes Contracted Services Printing Drain Equipment Laboratory Fees Total Expenditures $ 90,349.00 $ 54,210.00 $ 11,675.00 $ 5,000.00 $ 26,500.00 $ 34,000.00 $221,734.00 FINANCE COMMITTEE I NARY THE FOREGO/4 RESOLUTION fi i/a7 •RutirMITTS-on, County Clerk Resolution #07184 August 16, 2007 Moved by Gregory supported by Long the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 'OEM. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 August 16, 2007, 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 16th day of August, 2007.