HomeMy WebLinkAboutAmend Drinking Water IGA - State
Agreement Number 122698
Amendment to
State of Oregon
Intergovernmental Agreement
In compliance with the Americans with Disabilities Act, this document
is available in alternate formats such as Braille, large print, audiotape, oral presentation,
and electronic format. To request an alternate format call the
State of Oregon, Department of Human Services, Office of Forms and Document
Management at (503) 373-0333, Fax (503) 373-7690, or TTY (503) 947-5330.
This is amendment number 01 to Agreement Number 122698 between the State of Oregon, acting
by and through its Department of Human Services, hereinafter referred to as “DHS” and
Deschutes County
2577 NW Courtney
Bend, OR 97701
Phone number: (541) 322-7426
Fax number: (541) 322-7465
hereinafter referred to as "Agency."
1. This amendment shall become effective on January 1, 2008, regardless of the date it is actually
signed by all applicable parties.
2. The Agreement is hereby amended as follows:
a. Exhibit A, Part 1, Definitions -- Replace the original Exhibit A, Part 1, with the new
Exhibit A, Part 1, dated January 2008.
b. Exhibit A, Part 2, Statement of Work -- Replace the original Exhibit A, Part 2, with the
new Exhibit A, Part 2, dated January 2008.
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c. EXHIBIT A, Part 3, Payment and financial Reporting -- Replace the original Exhibit A,
Part 3, with the new Exhibit A, Part 3, dated January 2008.
3. Except as expressly amended above, all other terms and conditions of the original agreement
and any previous amendments are still in full force and effect. Agency certifies that the
representations, warranties and certifications contained in the original agreement are true and
correct as of the effective date of this Amendment and with the same effect as though made at
the time of this amendment.
4. Certification. By signature on this Amendment, the undersigned hereby certifies under penalty
of perjury that:
A. The number shown in Section IV(A) of original Agreement is Agency's correct
taxpayer identification and all other information provided in Section IV(A) is true
and accurate;
B. Agency is not subject to backup withholding because:
i. Agency is exempt from backup withholding;
ii. Agency has not been notified by the IRS that Agency is subject to backup
withholding as a result of a failure to report all interest or dividends; or
iii. The IRS has notified Agency that Agency is no longer subject to backup
withholding; and
C. Agency is an independent contractor as defined in ORS 670.600.
(remainder of page intentionally blank)
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5. SIGNATURES
AGENCIES: YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO
NECESSARY STATE APPROVALS
Approved By Agency
________________________________________________________________________
Authorized Signature Title Date
Approved By DHS
_______________________________________________________________________
Authorized Signature Title Date
Approved for Legal Sufficiency:
(Required for Agreements in excess of $ 75,000, unless exempt)
APPROVED By e-mail dated 1/28/2008, Shannon O’Fallon, Assistant Attorney General. E-mail filed
in contract folder.
________________________________________________________________________
Assistant Attorney General Date
DHS Program Signature:
Signature Name (printed) Date
Office of Contracts and Procurement:
________________________________________________________________________
Signature Name (printed) Date
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EXHIBIT A
Part 1
Definitions
January 2008
The following definitions are established for the purposes of interpreting this Contract and for
performing the Work required under this Contract, as set forth in Exhibit A, Part 2: Statement of Work:
a. Agency: Means county governments or health districts established under ORS 431.414 that
are responsible for management of local public health services.
b. Base Funds: Funds used to build capacity to respond to emergencies, take independent
enforcement actions, maintain access via computer to DHS’s computerized drinking water
system database (SDWIS), and to provide regulatory assistance.
c. DHS: The Oregon Department of Human Services.
d. Community Water System: A public water system that has 15 or more service connections
used by year-round residents, or that regularly serves 25 or more year-round residents.
e. Ground water: Water obtained from below the ground surface.
f. Invoiced Funds: Funds used for specific water system related tasks, which require the
submission of an invoice in order to be paid.
g. Major Monitoring or Reporting (M/R) Violation: Major Monitoring or Reporting violations
occur when a public water system fails to take any routine samples for a particular contaminant
or report any treatment performance data during a compliance period, or fails to take any repeat
samples following a coliform positive routine or where the public water system has failed to
report the results of analyses to DHS for a compliance period. An M/R violation is classified
as major if DHS or its agent receives no monitoring report or receives a report indicating that
no monitoring was conducted.
h. Maximum Contaminant Level (MCL) Violation: MCL violations occur when a public water
system’s water quality test results demonstrate a level of a contaminant that is greater than the
established Maximum Contaminant Level.
i. Minor Monitoring or Reporting (M/R) Violation: Minor Monitoring or Reporting violations
occur when a public water system takes some but not all of the routine samples for a particular
contaminant or collects partial treatment performance data or insufficient numbers of repeat
samples following a coliform positive routine sample during a compliance period, and reports
those partial results to DHS or its agent.
j. Non-EPA Water System: A public water system serving 4-14 connections or 10-24 people at
least 60 days per year (also known as a “non-public” water system by EPA).
k. Nontransient Noncommunity Water System (NTNCWS): A public water system that is not
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a Community Water System and that regularly serves at least 25 of the same persons over 6
months per year.
l. Professional Engineer (PE): A person currently registered as a Professional Engineer by the
Oregon State Board of Examiners for Engineering and Land Surveying.
m. Registered Environmental Health Specialist (REHS): A person currently registered as an
Environmental Health Specialist by the Oregon Environmental Health Registration Board.
n. Regulated Contaminants: Drinking water contaminants for which Maximum Contaminant
Levels or Water Treatment Performance Levels have been established under OAR 333.061.
o. Sanitary Survey: A comprehensive on-site evaluation of a public water system carried out by
Agency to identify and recommend corrective action to prevent a potentially adverse affect on
the quality of drinking water provided to the public.
p. SDWIS: DHS’s computerized safe drinking water information system database.
q. Significant Noncomplier (SNC): Any public water system meeting specific deficiency criteria
as currently defined by EPA.
r. Transient Noncommunity Water Systems (TNCWS): A public water system that serves a
transient population of 25 or more persons.
s. Trihalomethanes (THMs): By-products of chlorine disinfection.
t. USEPA or EPA: The US Environmental Protection Agency.
u. Water Quality Alerts: A report generated by the SDWIS data system containing a single
water quality sample result from a public water system that exceeds one-half of the MCL for
inorganic or radiological contaminants, or any positive detection of a microbiological or
organic contaminant or any exceedance of lead or copper action levels.
v. Water System Information Form: A report form to update information on a public water
system for the purpose of maintaining a computer database inventory record that is current,
accurate, and complete.
w. Water Treatment Performance Level Violation: Water treatment performance violations
occur when a public water system fails to meet established minimum treatment performance
levels during a compliance period.
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EXHIBIT A
Part 2
Statement of Work
January 2008
a. Purpose of the Drinking Water Program
The purpose of the drinking water program is to provide services to public water systems that result in
reduced health risk and increased compliance with drinking water monitoring and maximum
contaminant level requirements. The drinking water program includes investigation of occurrences of
waterborne illness, drinking water contamination events, response to spills, and emergencies and
inspection of water system facilities. The drinking water program includes reporting of data to DHS
necessary for program management and to meet federal EPA Safe Drinking Water Act program
requirements.
Contract funds are intended to enable Agency to assume primary responsibility for the quality of
drinking water provided by most of the public water systems located within Agency’s jurisdiction. The
work described herein is designed to meet the following EPA National Drinking Water Objective by
2008:
- 95% of the population served by community water systems will receive water that meets all
health based drinking water standards through effective treatment and source water protection.
Public drinking water systems covered in this contract include community water systems serving 3,300
or fewer people and using ground water sources only, all nontransient noncommunity drinking water
systems, all transient noncommunity drinking water systems, and all non-EPA water systems.
Responsibility for public water systems that purchase their water from other public water suppliers is
assigned to the state or Agency according to which agency is responsible for the public water system
that sells water to the purchaser.
b. Description of Services
(i). Staffing Requirements and Staff Qualifications
A. Agency shall develop and maintain staff expertise necessary to carry out the
services described herein.
B. Agency staff shall maintain and assimilate program and technical information
provided by DHS, attend drinking water training events provided by DHS, and
maintain access to information sources as necessary to maintain and improve staff
expertise.
C. Agency shall engage personnel registered as Environmental Health Specialists or
Professional Engineers with experience in environmental health to carry out the
services described herein.
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(ii). Service Guidelines and Activities Allowed under The Drinking Water Program
A. Required Basic Program Services using Base Funds: The following basic
program services are supported by Base Funds, which are used to build program
capacity to address the following services:
1. Emergency Response: Agency shall develop, maintain, and carry out a
response plan for public water system emergencies, including disease
outbreaks, spills, operational failures, and water system contamination.
Agency shall notify DHS in a timely manner of emergencies that may
affect drinking water supplies. [Citations: ORS Chapter 448, Water
Systems; State/EPA Agreement (FY 05)]
2. Independent Enforcement Actions: Agency shall take independent
enforcement actions against DHS-licensed facilities that are also public
water systems. Agency shall report independent enforcement actions taken
and water system status to DHS as specified in Section iv. Records,
Reporting Obligations, and Documentation. [Citations: ORS Chapter 448,
Water Systems; 40 CFR, Chapter I, Part 142 National Primary Drinking
Water Regulations Implementation. Subpart B, primary enforcement
responsibility. (EPA Primacy Regulations)]
3. Computerized Drinking Water System Data Base: Agency shall
maintain access via computer to DHS’s computerized safe drinking water
information system database (SDWIS). Access via computer to DHS’s
computerized drinking water system database is considered essential to
carry out the program effectively. Agency shall make timely changes to
DHS’s SDWIS computer database inventory records of public water
systems to keep DHS ’s records current. [Citations: ORS Chapter 448,
Water Systems; 40 CFR, Chapter I, Part 142 National Primary Drinking
Water Regulations Implementation. Subpart B, primary enforcement
responsibility. (EPA Primacy Regulations)]
4. Regulatory Assistance: Agency shall provide regulatory assistance in
response to requests from water system operators for information on and
interpretation of regulatory requirements. Agency shall respond to water
system complaints received as appropriate or as requested by DHS.
[Citations: ORS Chapter 448, Water Systems; 40 CFR, Chapter I, Part 142
National Primary Drinking Water Regulations Implementation. Subpart B,
primary enforcement responsibility. (EPA Primacy Regulations)]
B. Required Basic Program Services using Invoiced Funds: The following basic
program activities are supported by Invoiced Funds:
1. Investigation of Water Quality Alerts: Agency shall investigate all water
quality alerts for detections of regulated contaminants at community,
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nontransient noncommunity, transient noncommunity, and non-EPA water
systems. Agency shall consult with and provide advice to the subject
water system operator on appropriate actions to assure that follow-up
sampling is completed and to assure that any confirmed water quality
violations are corrected or resolved. Agency shall provide advice to the
subject water system operator on the correct method for issuing public
notification and/or advisory to users on protective action as necessary or as
requested by DHS. [Citations: ORS Chapter 448, Water Systems; 40 CFR,
Chapter I, Part 142 National Primary Drinking Water Regulations
Implementation. Subpart B, primary enforcement responsibility. (EPA
Primacy Regulations)]
2. Investigation and Resolution of Significant Noncompliers (SNCs):
Agency shall contact and provide assistance to community, nontransient
noncommunity, transient noncommunity, and non-EPA water systems that
are significant noncompliers (SNCs). [Citations: ORS Chapter 448, Water
Systems; 40 CFR, Chapter I, Part 142 National Primary Drinking Water
Regulations Implementation. Subpart B, primary enforcement
responsibility. (EPA Primacy Regulations)] as follows:
(I) Within thirty (30) days of the date Agency is notified that a water
system is designated as a SNC by DHS, Agency shall take the
following actions:
(a) Contact the water supplier, determines the reasons for all
aspects of noncompliance, and informs the water supplier on
ways to correct the noncompliance. Confirm that database
information is current and accurate on ownership and water
system classification.
(b) Advise the owner/operator to carry out public notification as
required.
(c) Send copies of the public notices received, and contact
reports on Agency follow-up actions to DHS.
(d) Conduct a sanitary survey if the water system does not have a
current sanitary survey.
(II) Within ninety (90) days of the date Agency is notified that a water
system is designated as a SNC by DHS, Agency shall take the
following actions:
(a) Determine that the subject water system’s violations or non-
compliance has been addressed using an enforcement
response procedure as currently defined by the EPA, [OR]
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(b) Determine that the subject water system needs an
enforcement action by DHS. Prepare and submit to the DHS
a written request for an enforcement action, including
Agency’s evaluation of the reasons for noncompliance by the
water supplier. The request shall include the current owner
name and address, a draft compliance schedule listing
corrective actions required, and a proposed deadline for each
action. Agency shall distribute a copy of the request to the
person(s) responsible for the subject water system’s operation
to ensure that persons’ understanding of the required
corrective actions.
3. Enforcement Action Tracking and Follow-up:
After DHS issues an enforcement action, Agency shall monitor the
corrective action schedule contained in the action, and verify completion
of each corrective action by the water supplier. Agency shall document all
contacts and verifications and submit documentation to the DHS. Agency
shall document any failure by the water supplier to meet any correction
date and notify the DHS within 30 days. Agency shall notify DHS when
all corrections are complete, within 30 days. [Citations: ORS Chapter 448,
Water Systems; 40 CFR, Chapter I, Part 142 National Primary Drinking
Water Regulations Implementation. Subpart B, primary enforcement
responsibility. (EPA Primacy Regulations)]
4. Sanitary Surveys:
(I) Agency shall conduct a sanitary survey of each community water
system within Agency’s jurisdiction every three (3) years, or as
otherwise scheduled by DHS; and each nontransient noncommunity,
transient noncommunity, and non-EPA water system within
Agency’s jurisdiction every five (5) years, or as otherwise
scheduled by DHS. A sanitary survey must include the source of a
public water system, the water intake, treatment system, storage and
distribution facilities, operation and maintenance, water system
records, and compliance with applicable drinking water regulations.
[Citations: ORS Chapter 448, Water Systems; 40 CFR, Chapter I,
Part 142 National Primary Drinking Water Regulations
Implementation. Subpart B, primary enforcement responsibility.
(EPA Primacy Regulations)]
(II) Agency shall use the following procedure for conducting a Sanitary
Survey:
(a) Contact the subject public water system owner/operator to
schedule an appointment and explain the information required
to complete the sanitary survey.
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(b) Review the subject public water system file information,
water quality history, and data base inventory information.
(c) Conduct an on-site review of the water system source,
treatment, storage, and distribution facilities; review its
operation, management, and compliance with regulations;
and determine deficiencies, if any, that could result in unsafe
drinking water.
(1) Complete sanitary survey forms.
(2) Collect coliform sample(s) at Agency’s discretion or
as requested by DHS.
(3) Verbally inform the owner and/or operator of the
subject public water system deficiencies and
recommended corrective actions.
(4) Complete a Water System Information Form for
each public water system sanitary survey completed,
showing all changes needed to make data base
inventory information complete and accurate.
(d) Verify that sanitary survey and Water System Information
Form are complete.
(e) Prepare cover letter that contains the requirements for the
subject public water system and the recommended corrective
actions for identified sanitary deficiencies.
(f) Mail cover letter, sanitary survey report, Water System
Information Form, and any coliform sample result(s) to the
subject public water system.
(g) Send a copy of the cover letter, sanitary survey report, Water
System Information Form, and any coliform sample result(s)
to DHS.
5. Emergency Response Plan Development Assistance:
Agency shall assist water suppliers to complete their Emergency
Response Plans, and assure that completed plans meet DHS standards.
[Citations: ORS 448.160 Emergency Plans; OAR 333-061-0064.]
6. Investigation and Resolution of Violations:
Agency shall investigate and resolve bacteriological, chemical, and
radiological monitoring and reporting violations, and surface water
treatment violations as applicable, at community, nontransient
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noncommunity, transient noncommunity, and non-EPA water systems.
Violation responses must be prioritized according to type of violation
and type of water system, per (ii)D. [Citations: ORS Chapter 448, Water
Systems]
(I) Contact the water supplier, determine the reasons for the
noncompliance, consult with and provide advice to the subject
water system operator on appropriate actions to assure that
violations are corrected in a timely manner.
(II) Provide copies to DHS of contact reports, analytical results, or
other appropriate Agency documents, regarding follow-up
actions to resolve the violation.
7. Inventory and Documentation of New Water Systems:
As existing water systems that are not in the DHS inventory are
discovered, they shall be inventoried using the forms designated by DHS,
and the documentation shall be provided to DHS within 60 days of
identification of the system. Alternatively, a sanitary survey may be
performed to collect the required inventory information, rather than
submitting the aforementioned forms. [Citation: ORS Chapter 448, Water
Systems]
C. Supplemental Services using Invoiced Funds: Agency may provide and submit
an invoice for Invoiced Fund payments for the following supplemental services
when the Section B. Required Basic Program Services using Invoiced Funds are
completed and current. Agency must have a record of responding promptly to
water quality alerts to DHS’s satisfaction. Agency must demonstrate that
enforcement actions and SNCs have been resolved or adequate progress has been
made towards resolution. Agency must demonstrate that sanitary surveys are
conducted on the appropriate schedule.
1. Follow-Up on Public Water System Deficiencies Noted on Public
Water System Sanitary Surveys: Agency may conduct one on-site visit
between sanitary surveys to verify that significant deficiencies have been
resolved. Agency must prepare a list of significant deficiencies checked
and the date they were corrected or note the progress towards correction.
Deficiencies are those currently defined by DHS.
[Citations: ORS Chapter 448, Water Systems; 40 CFR, Chapter I, Part 142
National Primary Drinking Water Regulations Implementation. Subpart B,
primary enforcement responsibility. (EPA Primacy Regulations)]
2. Engineering Plan Review Inspections: Agency may inspect construction
or major modifications of public water systems to determine conformance
to engineering plans reviewed and approved by the DHS. Inspections must
consist of an on-site visit or visits to verify construction is completed in
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accordance with the approved plans. Agency shall document in outline
form the facilities checked and any differences between the constructed
facilities and the approved plans. The scope of the inspection may include
but is not limited to: new water sources, treatment facilities, storage
reservoirs, and water mains. Inspections shall be completed and
documentation forwarded to DHS within 30 days of receipt of the
inspection request. [Citations: ORS Chapter 448, Water Systems; 40
CFR, Chapter I, Part 142 National Primary Drinking Water Regulations
Implementation. Subpart B, primary enforcement responsibility. (EPA
Primacy Regulations)]
3. Post-SNC Follow-up Work: Agency may assist public water systems,
during the six-month period after the water system achieves full
compliance with drinking water standards, to assure that the public water
system remains in compliance with drinking water monitoring and
reporting requirements and Maximum Contaminant Levels. Agency shall
document the purpose for the contacts or site visits and agreements or
observations made. [Citations: ORS Chapter 448, Water Systems; 40 CFR,
Chapter I, Part 142 National Primary Drinking Water Regulations
Implementation. Subpart B, primary enforcement responsibility. (EPA
Primacy Regulations)]
4. Customized and Negotiated Work: Agency may conduct such
customized and negotiated work as required or requested by DHS to
maintain safe and efficient public water system operations. Agency shall
prepare and submit for DHS review and approval a proposal for the
customized and negotiated work including a detailed task list and a listing
of expected outcomes. Agency’s task list must include the cost of each
task. DHS must approve the proposal for customized and negotiated work
including the DHS’s payment to Agency prior to Agency performing such
work. [Citations: ORS Chapter 448, Water Systems; 40 CFR, Chapter I,
Part 142 National Primary Drinking Water Regulations Implementation.
Subpart B, primary enforcement responsibility. (EPA Primacy
Regulations)]
D. Work Priorities: Agency shall prioritize all work according to the relative health
risk with the health-based standards in (iv)B receiving the highest priority, and
according to system type with community water systems receiving the highest
priority.
(iii). Documentation and Reporting Requirements
A. Documentation of Field Activities and Water System Contacts: Agency shall
prepare and maintain adequate documentation of field activities and water system
contacts as required to:
Maintain accurate and current public water system inventory information.
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Support formal enforcement actions.
Describe current regulatory status of water systems.
Evaluate the performance and effectiveness of the drinking water program.
Guide and plan program activities.
B. Minimum Standard for Documentation: Agency shall, at a minimum, prepare
and maintain the following required documentation (see forms provided in the
Attachments):
Sanitary surveys and significant deficiencies.
Water System Information (Inventory), Entry Structure Diagram, and Source
Information updates.
Field and office contacts in response to complaints, water quality alerts, SNCs,
violations, enforcement actions, regulatory assistance, requests for regulatory
information, and plan review follow-up.
Waterborne illness reports and investigations.
All correspondence with public water systems under Agency’s jurisdiction and
DHS.
Documentation regarding reports and investigations of spills and other
emergencies affecting or potentially affecting water systems.
Copies of public notices received from water systems.
C. Monthly Reporting: Agency shall submit to DHS on a monthly basis the
information in Section B above in order for DHS to maintain state primacy for the
federal safe drinking water program
D. DHS Audits: Agency shall give DHS free access to all Agency records and
documentation pertinent to this contract for the purpose of DHS audits.
(iv). Performance Measures
DHS will use three (3) performance measures to evaluate Agency’s performance: (1)
Compliance to Standards, (2) Drinking Water Benchmark and (3) Level of Effort
Indicators.
A. Compliance to Water Quality Standards: Calculates the percentage of public
water systems under Agency jurisdiction who become SNCs. SNCs include, but
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are not limited to, those exceeding a maximum contaminant level, failure to
monitor or report results, violate a treatment technique, or exceed the action levels
for lead or copper. SNCs are expected to decrease over time. Calculation:
[(Number of SNCs divided by Number of systems) multiplied by 100]
B. Drinking Water Benchmark: Measures the total population of Oregonians
served by community drinking water systems who meet all health-based standards
continuously during a calendar year. The health-based standards are the maximum
contaminant levels for coliform and chemicals, the action level for lead and
copper, and treatment techniques for the surface water rule and corrosion control.
The health-based standards exclude monitoring and reporting violations. Meeting
all health-based standards at all times during the year is an important indicator of
drinking water safety. The Drinking Water Benchmark includes the following
health-based standards, listed from highest to lowest health risk:
1. E. Coli (or fecal coliform) bacteria maximum contaminant level.
2. Surface water treatment performance levels.
3. Failure to meet minimum filtration treatment (95% turbidity levels).
4. Failure to meet disinfection treatment levels (CxT).
5. Nitrate/Nitrite maximum contaminant levels.
6. Chemical/Radiological maximum contaminant levels.
7. Lead action level (confirmed).
8. Total coliform bacteria maximum contaminant level.
9. Copper action level (confirmed).
The Drinking Water Benchmark goal is to have 95% of the total population served
by community water systems that meet the health based standards by the year
2008.
C. Level of Effort Indicators: Based on activities completed by Agency during the
contract period.
Activity Outputs
1. Emergency response # of incidents investigated/# reported.
2. Disease/illness investigation # of reports investigated/# received.
3. Boil water warnings # issued.
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4. Complaints investigated # investigated/# received.
5. Water quality alert response # of alerts investigated compared to the #
of alerts that occurred.
6. Significant noncompliers # of SNCs investigated compared to the
total # of SNCs
# of SNCs returned to compliance within
120 days compared to the total # of SNCs.
# of compliance schedules developed
within 120 days compared to the total # of
SNCs.
# of unresolved SNCs compared to the
total # of SNCs.
7. Enforcement # of actions taken by Agency at licensed
facilities compared to the # of licensed
facilities with critical violations related to
water.
# of enforcement actions completed within
Agency compared to the # of DHS-issued
actions.
8. Sanitary surveys # of surveys completed to the # of water
systems due for surveys.
9. Sanitary survey follow-ups # of follow-ups/number of surveys with
identified deficiencies.
10. Regulatory Assistance # of responses made to requests received
for assistance.
11. Plan review inspections # of inspections/number of plans
approved.
(v). Responsibilities of DHS
This contract is intended to enable Agency to independently conduct an effective local
drinking water program. DHS recognizes its role to provide assistance and program
support to Agency to foster uniformity of statewide services. DHS agrees to provide the
following services to Agency:
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A. DHS will distribute drinking water program and technical information on a
monthly basis to Agency.
B. DHS will sponsor at least one annual 8-hour workshop for Agency drinking water
program staff at a central location and date to be determined by DHS. DHS will
provide workshop registration, on-site lodging, meals, and arrange for continuing
education unit (CEU) credits. Agency is responsible for travel expenses for
Agency staff to attend.
C. DHS will sponsor at least one regional 4-hr workshop at three (3) locations at
locations and dates to be determined by DHS to supplement the annual workshop.
DHS will provide training materials and meeting rooms. Agency is responsible
for travel expenses for its staff to attend.
D. DHS will provide Agency with the following information from the public water
system database:
1. Immediately: Alert data.
2. Quarterly: Listings of SNCs.
3. Annually: Performance data.
4. Upon request: Individual water system inventory and water quality data.
E. DHS will support electronic communications and data transfer between DHS and
Agency to reduce time delays, mailing costs and generation of hard copy reports.
F. DHS will maintain sufficient technical staff capacity to assist Agency staff with
unusual drinking water problems that require either more staff than is available to
Agency for a short time period, such as a major emergency, or problems whose
technical nature or complexity exceed the capability of Agency staff. When on-
site assistance from DHS is requested, Agency is responsible for: scheduling DHS
assistance, making arrangements to involve the water system operator, being
present when DHS assistance is conducted in the field, and conducting follow-up
work as necessary after the on-site assistance.
G. DHS will refer to Agency all routine inquiries or requests for assistance received
from public water system operators for which Agency is responsible.
H. DHS will prepare formal enforcement actions against public water systems in the
subject Agency, except for licensed facilities, according to the priorities contained
in the current State/EPA agreement. DHS will prepare other actions against water
systems as requested by Agency and as agreed by DHS.
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EXHIBIT A
Part 3
Payment and Financial Reporting
January 2008
i. Required Basic Program Services using Base Funds: For the time period October 1, 2007
through December 31, 2007, DHS will make one quarterly payment in the amount of
$5,751.00. Commencing January 1, 2008 through June 30, 2009, DHS will make six
quarterly payments consisting of an initial payment of $10,598.00 and five subsequent
payments of $10,598.00 each for a total not-to-exceed amount of $63,588.00 in Required Basic
Program Services using Base Funds.
ii. Required Basic Services and Supplemental Services using Invoiced Funds: DHS will pay,
pursuant to an invoice that is submitted by Agency and that is accepted and approved by DHS,
for services provided by Agency for the period October 1, 2007 through June 30, 2009 and as
set forth in section b.(ii)(B) and (C) of Exhibit A, Part 2 of this Contract. DHS payments to
Agency for Invoiced Services under this Contract shall not exceed the amount of $105,485.00
for the time period October 1, 2007 through June 30, 2009. When invoicing, itemization of the
work performed with non-EPA water systems must be separated from the work performed with
EPA water systems. All invoices for the contract term must be delivered to DHS no later than
the last business day of the month following the end of the contract term.
a. Investigation of Water Quality Alerts: Agency must submit an invoice for payment in
the amount of $210.00 for work performed after January 1, 2008, and for $130 for work
performed from October 1, 2007 through December 31, 2007, to DHS for review and
approval for one investigation for each water quality alert for a regulated contaminant.
Agency invoice must include complete documentation of the subject water quality alert
and investigation.
b. Investigation and Resolution of Significant Noncompliers (SNCs) with MCL water
quality violations:
Initial Payment: An initial payment of $1,050.00 for work performed after January 1,
2008, and of $660.00 for work performed from October 1, 2007
through December 31, 2007, and will be made to Agency upon
receipt and acceptance of documentation of completion of the work
in Exhibit A, Part 2, Section b, ii, B, 2, I. Submission of Agency
invoice is required for each payment. Agency invoice must include
complete documentation of the actions taken. Payment is subject to
DHS review and approval by DHS.
Final Payment: A final payment of $350.00 for work performed after January 1,
2008 and of $220.00 for work performed from October 1, 2007
through December 31, 2007, will be made to Agency upon receipt
and acceptance of documentation of completion of the work in
Exhibit A, Part 2, Section b,ii,B,2,II,a or the work in Exhibit A, Part
2, Section b,ii,B,2,II,b. Submission of Agency invoice is required
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for each payment. Agency invoice must include complete
documentation of the actions taken. Payment is subject to DHS
review and approval by DHS.
c. Investigation and Resolution of Significant Noncompliers (SNC's) with monitoring
violations only, no MCL water quality violations:
Initial Payment: An initial payment of $420.00 for work performed after January 1,
2008, and of $250 for work performed from October 1, 2007
through December 31, 2007, will be made to Agency upon receipt
and acceptance of documentation of completion of the work in
Exhibit A, Part 2, Section b,ii,B,2,I. Submission of Agency invoice
is required for each payment. Agency invoice must include
complete documentation of the actions taken. Payment is subject to
DHS review and approval by DHS.
Final Payment: A final payment of $140.00 for work performed after January 1,
2008 and of $100 for work performed from October 1, 2007 through
December 31, 2007, will be made to Agency upon receipt and
acceptance of documentation of completion of the work in Exhibit
A, Part 2, Section b,ii,B,2,II,a. or the work in Exhibit A, Part 2,
Section b,ii,B,2,II,b. Submission of Agency invoice is required for
each payment. Agency invoice must include complete
documentation of the actions taken. Payment is subject to DHS
review and approval by DHS.
d. Enforcement Action Tracking and Follow-up: Agency must submit an invoice and
supporting documentation verifying completion of all corrections listed in a DHS
enforcement action. DHS will pay $1,400.00 for work performed after January 1, 2008
and $880.00 for work performed from October 1, 2007 through December 31, 2007, for
completion of enforcement at a community and nontransient noncommunity water
system. DHS will pay $560.00 for work performed after January 1, 2008 and $350.00 for
work performed from October 1, 2007 through December 31, 2007, for completion of
enforcement at a transient noncommunity or non-EPA water system.
e. Sanitary Surveys: Agency must submit an invoice and supporting documentation for
payment for each Sanitary Survey completed for DHS review and approval. DHS will
pay $1,120.00 for work performed after January 1, 2008 and $700.00 for work performed
from October 1, 2007 through December 31, 2007, for Sanitary Surveys of community
and nontransient noncommunity water systems. DHS will pay $560.00 for work
performed after January 1, 2008 and $350.00 for work performed from October 1, 2007
through December 31, 2007, for Sanitary Surveys of transient noncommunity and non-
EPA water systems.
f. Emergency Response Plan Development Assistance:
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1. Agency must submit an invoice for payment in the amount of $140.00 for work
performed after January 1, 2008 and for $100.00 for work performed from
October 1, 2007 through December 31, 2007, and supporting documentation for
technical assistance provided by telephone, email or US mail to a public water
systems for developing an Emergency Response Plan. Agency may only submit
one invoice per public water system consulted. DHS will not pay more than
$140.00 after January 1, 2008 or more than $100.00 for work performed from
October 1, 2007 through December 31, 2007, per public water system consulted
regardless of the number of consultations.
2. Agency must submit an invoice for payment in the amount of $350.00 after
January 1, 2008 and for $200.00 for work performed from October 1, 2007
through December 31, 2007, and supporting documentation for assistance
provided at the public water system site for developing an Emergency Response
Plan. Agency may only submit one invoice per public water system consulted.
DHS will not pay more than $350.00 after January 1, 2008 or more than $200.00
for work performed from October 1, 2007 through December 31, 2007, per public
water system site visit regardless of the number of consultation
site visits.
3. Agency must submit an invoice for payment in the amount of $350.00 after
January 1, 2008 and $200.00 for work performed from October 1, 2007 through
December 31, 2007, and supporting documentation for each completed
Emergency Response Plan received by Agency if, after Agency review, it is
determined that the Emergency Response Plan meets minimum requirements.
Agency may only submit one invoice per public water system consulted. DHS will
not pay more than $350.00 after January 1, 2008 or more than $200.00 for work
performed from October 1, 2007 through December 31, 2007, per completed
Emergency Response Plan received by Agency regardless of the number of
Emergency Response Plans received from a single, subject public water system.
g. Violations: Agency must submit an invoice and supporting documentation in the amount
of $210.00 after January 1, 2008 for each monitoring and reporting violation that is
investigated and resolved. Payment will be made upon receipt of analytical results, or
other appropriate documentation, at DHS demonstrating the violation is corrected.
h. Inventory and Documentation of New Water Systems: Agency must submit an
invoice in the amount of $700.00 after January 1, 2008, along with the documentation
specified by DHS, for identification of water systems that are not in the DHS inventory.
This task applies only to existing systems that are not in the DHS inventory and that have
not had a sanitary survey performed to gather the necessary inventory information. If a
survey is used to collect the inventory information, this task does not apply and is not
payable.
i. Follow-Up On Public Water System Deficiencies Noted On Public Water System
Sanitary Surveys: Agency must submit an invoice for payment and supporting
documentation for one on-site visit conducted between sanitary surveys to assure that
identified deficiencies have been corrected. DHS will pay $280.00 after January 1,
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2008, and $175.00 for work performed from October 1, 2007 through December 31,
2007, for each transient noncommunity and non-EPA public system. DHS will pay
$560 after January 1, 2008 and $350.00 for work performed from October 1, 2007
through December 31, 2007, for each community and nontransient, noncommunity
public water system. Agency’s invoice for payment must list deficiencies checked and
the date they were corrected or note the progress towards correction. When applicable,
monitoring and management deficiencies must be invoiced under Basic Services, rather
than as a deficiency follow up. Invoicing for the same work in more than one way is not
allowed.
j. Engineering Plan Review Inspections: Agency must submit an invoice for payment in
the total amount of $420.00 after January 1, 2008 and for $300.00 for work performed
from October 1, 2007 through December 31, 2007, and supporting documentation for
each public water system plan review inspection completed.
k. Post-SNC Follow-up Work: Agency must submit an invoice for payment in the amount
of $420.00 after January 1, 2008 and for $300.00 for work performed from October 1,
2007 through December 31, 2007, per service. Agency must submit documentation of the
post-SNC follow-up work conducted. The maximum payment is $420.00 after January 1,
2008, and $300.00 for work performed from October 1, 2007 through December 31,
2007, per SNC for follow-up work conducted during the six-month period after the SNC
has achieved compliance with drinking water standards.
l. Customized and Negotiated Work: Agency must submit an invoice for payment of
customized and negotiated work. Agency must submit documentation of progress on
achieving each of the expected outcomes for each task listed on the DHS approved
proposal. DHS will make payment only when the outcomes are documented as
completed and approved by DHS.
iii. The maximum, not-to-exceed compensation payable, which includes Base Funds and Invoiced
Funds to AGENCY under this Contract is $174,824.00.
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