Resolutions 2022-04 & 2022-05

RESOLUTION 2022-04

MEMORANDUM OF AGREEMENT FOR PUBLIC WATER SUPPLY TESTING

This Memorandum of Agreement (hereinafter “MOA”) is by and between the Logan County General Health District (hereinafter “LCHD”) and any interested public water supply operator (hereinafter “PWS”) or their agent and wishing to enter into an agreement for water testing services with the LCHD for the PWS (both hereinafter individually, “Party”; collectively, “Parties”). Whereas, the LCHD maintains a water testing laboratory approved by the Ohio Environmental Protection Agency (hereinafter OEPA) for determining the bacteriological quality of water from both private and public water supplies; Whereas, the LCHD has access to other OEPA-approved water testing labs that can test water for other than bacteriological quality; Whereas, the LCHD is willing to make available through the LCHD to any local PWS such testing of public water supplies for certain water tests that are required by the OEPA; Whereas, the LCHD is willing to make available to any local PWS of such testing of public water supplies as described above but will not be responsible for scheduling when a PWS must be sampled, and for what required water test, or held responsible for any sampling that fails to meet the water scheduling deadlines as set by the OEPA for public water supply sampling;Whereas, the LCHD has agreed and is able to provide such services in exchange for the funding described herein; Whereas, the LCHD wishes to set forth the respective and mutual responsibilities and obligations in regards to this funding arrangement; Now, therefore, in consideration of the mutual promises hereinafter set forth, the Parties agree as follows;

1. Responsibilities of the Parties

a.       The PWS agrees to contact the LCHD or LCHD water lab representative directly to make arrangements prior to the delivery of any water samples to be tested.

b.       The PWS agrees to properly obtain all bacteriological water samples and to deliver the water samples in proper water sample bottles, that are appropriately marked and identified, within 30 minutes of collection or kept in a refrigerated condition until delivery directly to the LCHD within 30 hours of sampling while observing all chain of custody protocols.

c.        The LCHD agrees to conduct a 24-hour bacteriological test on each bacteriological water sample properly received, and to create a bacteriological water sample result report, and to report the bacteriological water sample result as either positive or negative for both total coliform and E. coli to the PWS and the OEPA.

d.       The PWS agrees to properly obtain any other non-bacteriological, OEPA-required water samples that are listed on the LCHD fee schedule as being available for testing through the LCHD by another OEPA-approved water lab, and to deliver such water samples in proper water sample bottles that are appropriately marked and identified directly to the LCHD while observing all chain of custody protocols.

e.       The LCHD agrees to forward all such non-bacteriological, OEPA-required water samples that are listed on the LCHD fee schedule as being available for testing through the LCHD by another OEPA-approved water lab to such a lab for an additional handling fee above the other OEPA-approved water lab’s sampling fee, and to create a water sample result report, and to report the water sample result to the PWS and the OEPA.

f.         The Parties shall collaborate and communicate as necessary to accomplish the goals and objectives of this MOA.

g.       The Parties shall ensure that their respective and mutual responsibilities are carried out in a timely manner in order to permit their completion within a reasonable timeframe.

h.       The Parties agree to conduct their respective obligations under this MOA in accordance with all applicable federal, state and local laws, regulations and requirements.

2.       Financial Arrangements

a.       The PWS will provide funding for the services and/or activities provided under this MOA according to the following payment arrangements:

i.         Payment for each bacteriological water sample tested by the LCHD for the established fee.

ii.       Payment for each required water sample to be tested by another OEPA-approved water lab will include the outside lab’s sampling fee in addition to the LCHD handling fee.

iii.      Payment to the LCHD from the PWS for each sample to be tested is required before any testing.

3.       Length of MOA and Termination

a.       The term of this MOA will begin when both Parties have signed the MOA, and shall continue indefinitely, unless terminated immediately with the mutual consent of the Parties or by either Party with 30 days advance written notice to the other Party. A notice of termination shall state, with reasonable particularity, the terms and conditions for concluding any work in progress. Payment shall be made for any funding obligations incurred prior to the effective date of such termination.

4.       Amendment

a.       No change, amendment or modification of any provision of this MOA shall be valid unless set forth in a written instrument and signed by the Parties.

ATTACHMENT A

Note: Fees are subject to annual reviews and subsequent changes.

Bacteriological Public Water Sample Invoice Fee

1.       Fee for two bacteriological water test results (+ or – for Total Coliform and E. coli) for a Public Water System (hereinafter PWS) water sample delivered to the Logan County Health District (hereinafter LCHD) by a PWS Operator or their Agent =$25.00

General Bacteriological Public Water Sample Invoice Fee Structure

2.       Cost of an Ohio Environmental Protection Agency-Certified Lab Analyst (hereinafter Analyst) for each fifteen (15) minutes of pay (salary plus fringes) = $7.85

3.       Cost of Analyst for a minimum of 30 minutes of pay (variable)= $7.85 X 2 =$15.70

4.       Cost of one box of 200 bacteriological water sample bottles =$200.00

5.       Cost of Quality Control (QC) reagents per box =$263.11

6.       Cost of Sterility Testing for 2 bacteriological water sample bottles from the box =$50.00

7.       Cost of shipping to send the 2 bacteriological water sample bottles back for QC testing =+ $20.00

8.       Cost for 198 bacteriological water sample tests = $533.11

9.       Cost per bacteriological water sample bottle = $533.11/198 bottles =$2.70

10.    Cost of 30 minutes of Analyst time and sample bottle) = $15.70 + $2.70 =$18.40

11.    10% Administration Fee =+$1.84

12.    Minimum cost =$20.24

“Other” (Nitrate/Nitrite or Fluoride) Public Water Sample Invoice Fee

1.       “Other” (Nitrate/Nitrite or Fluoride) water test fee for a PWS water sample delivered to LCHD by an Operator or Agent (Alloway Labs testing fee + LCHD private water bacteria sampling fee) = $25.00 + $40.00 =$65.00

General “Other” (Nitrate/Nitrite or Fluoride) Public Water Sample Invoice Fee Structure

2.       Cost of an Analyst for each fifteen (15) minutes of pay (salary plus fringes) =$7.85

3.       Cost per Nitrate/Nitrite or Fluoride water sample bottle =$0.00

4.       Cost of Alloway Labs shipping fee per “other” water sample bottle =+$20.00

5.       Cost of Alloway Labs “other” (Nitrate/Nitrite or Fluoride) water sample testing fee = +$25.00

6.       Cost of Analyst for a minimum of 30 minutes of pay (variable)= $7.85 X 2 = +$15.70

7.       Cost of Nitrate/Nitrite or Fluoride (Analyst cost + Alloway Labs’ fees) = $7.85 + $45.00 =$60.70

8.       10% Administration Fee =         +$6.07

9.       Estimated cost =$66.77

RESOLUTION 2022-05

MEMORANDUM OF AGREEMENT FOR EMERGENCY WATER TESTING BY THE LOGAN COUNTY GENERAL HEALTH DISTRICT FOR A LOCAL PUBLIC WATER SUPPLY DISTRICT

This Memorandum of Agreement (hereinafter “MOA”) is by and between the Logan County General Health District (hereinafter “LCHD”) and any interested public water supply district (hereinafter “Water District”) (also hereinafter individually “Party”; collectively, “Parties”) wishing to enter into an agreement for emergency bacteriological water testing conducted outside of the regular business hours of the LCHD. Whereas, the LCHD maintains a water testing laboratory approved by the Ohio Environmental Protection Agency (hereinafter OEPA) for determining the bacteriological quality of water from both private and public water supplies;Whereas, the LCHD is willing to make available to local city and village water districts of such testing of their public water supplies that have experienced a loss in water pressure or for other reasons that water testing would be required; Whereas, the LCHD is willing to make available to local city and village water districts of such testing of public water supplies on an emergency basis outside of the regular LCHD business hours; Whereas, the LCHD has agreed and is able to provide such services in exchange for the funding described herein; Whereas, the LCHD wishes to set forth the respective and mutual responsibilities and obligations in regard to this funding arrangement; Now, therefore, in consideration of the mutual promises hereinafter set forth, the Parties agree as follows;

1.       Responsibilities of the Parties

a.        The Water District agrees to contact the LCHD or LCHD water lab representative directly to make arrangements prior to the delivery of any water samples to be tested.

b.       The Water District agrees to properly obtain the water samples, and to deliver the water samples in proper water sample bottles, that are appropriately marked and identified, within 30 minutes of collection or kept in a refrigerated condition until delivery directly to the LCHD within 30 hours of sampling while observing all chain of custody protocols.

c.        The LCHD agrees to conduct a 24-hour bacteriological test on each bacteriological water sample properly received, and to create a bacteriological water sample result report, and to report the bacteriological water sample result as either positive or negative for both total coliform and E. coli to the Water District and the OEPA as a special water sample result.

d.       The Parties shall collaborate and communicate as necessary to accomplish the goals and objectives of this MOA.

e.        The Parties shall ensure that their respective and mutual responsibilities are carried out in a timely manner in order to permit their completion within a reasonable timeframe.

f.        The Parties agree to conduct their respective obligations under this MOA in accordance with all applicable federal, state and local laws, regulations and requirements.

2.       Financial Arrangements

a.        The Water District will provide funding for the services and/or activities provided under this MOA according to the following payment arrangements:

i.         Payment for each bacteriological water sample tested by the LCHD for the established fee.

ii.       Payment to the LCHD lab analyst at their overtime rate of pay, including fringes, for all work conducted outside of the LCHD regular business hours in fifteen (15) minute increments.

iii.     Payment for each trip made per day from the lab analyst’s home to the LCHD and back at the current mileage rate per mile as established by the Ohio Office of Budget and Management.

iv.     The LCHD will invoice the Water District monthly for any described services/activities rendered, and invoices will be paid by the Water District within 30 days of invoice receipt.

3.       Length of MOA and Termination

a.        The term of this MOA will begin when both Parties have signed the MOA, and shall continue indefinitely, unless terminated immediately with the mutual consent of the Parties or by either Party with 30 days advance written notice to the other Party. A notice of termination shall state, with reasonable particularity, the terms and conditions for concluding any work in progress. Payment shall be made for any funding obligations incurred prior to the effective date of such termination.

4.       Amendment

a.        No change, amendment or modification of any provision of this MOA shall be valid unless set forth in a written instrument and signed by the Parties.

ATTACHMENT A

Note: Fees are subject to annual reviews and subsequent changes.

General Emergency Public Water Bacteriological Testing (+ or – for Total Coliform and E. coli) Invoice Fee Structure

1.       Cost of a Public Water System (hereinafter PWS) bacteriological water sample collected by and delivered to the Logan County Health District (hereinafter LCHD) by a PWS Operator or their Agent =$0.00

2.       Cost of analysis of an Ohio Environmental Protection Agency-Certified Lab Analyst (hereinafter Analyst) per each fifteen (15) minutes of overtime pay (1.5 X salary plus fringes) =$7.85

3.       Cost of analysis for a minimum of 30 (thirty) minutes =$15.70

4.       Cost of mileage from the Analyst’s home to the LCHD and back (12 total miles at $.55/mile) =+$6.60

5.       Cost of Analyst for a minimum of 30 (thirty) minutes (Analyst’s time may vary) + trip charge =$22.30

6.       Cost of one bacteriological water sample bottle =+$2.70

7.       Total Analyst Cost of mileage, 30 (thirty) minutes of Analyst’s time, and sample bottle =$25.00

8.       10% Administration Fee (applied to Total Analyst Cost) =+$2.50

9.       Total cost for a minimum of thirty (30) minutes (Total Analyst Cost and Administration Fee) =$27.50

10.    Total Cost for forty-five (45) minutes (+ $7.85) =$35.35

11.    Total Cost for sixty (60) minutes (+ $7.85) =$43.20

Fee Calculation Summary

1.       Total Cost of first minimum thirty (30) minutes =$27.50

2.       Additional cost of each successive fifteen (15) minute increment =$7.85

Therefore, Total Cost of 45 minutes = $35.35

                  Total Cost of 60 minutes = $43.20

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