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HomeMy WebLinkAboutAgenda - 12-12-2006-5gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 12, 2006 Action Agenda Item No. _~ SUBJECT: Agreement with UNC School of Public Health for Biosolids Application Study DEPARTMENT: Health PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Draft Agreement Rosemary Summers, 245-2411 PURPOSE: To approve an agreement with the UNC School of Public Health for a pilot study of a biosolid application site in Orange County. BACKGROUND: Orange County is tenth in the number of biosolid application sites throughout the state. Given the numbers of sites scattered throughout the County, Health Department staff believe that further study of biosolid application sites is warranted, but do not feel that there is sufficient staff time or equipment to conduct the studies in the manner required. Biosolids application is permitted and regulated by the Division of Water Quality at the North Carolina Department of Environment and .Natural Resources. The Orange County Board of Health's rules on groundwater protection include local staff monitoring of biosolid application sites during the application process on. a periodic basis. Problems identified are referred to the Division of Water Quality for action. The Bradshaw Quarry Road community has a continuing concern regarding the biosolids application site that is in that community. Members of this community have met with environmental health staff over the past several years with concerns relating biosolid application to health issues in the community. Orange County staff members approached faculty at the School of Public Health's Environmental Sciences and Engineering Department (ESE) to assess whether there would, be faculty and/or student interest in pursuing a pilot study in the Bradshaw Quarry Road area. Dr. Marc Sobsey and Dr. Chip Simmons, two faculty members in the ESE Department, are interested in working with the Health Department on designing a pilot study that will meet the needs for this community and perhaps will lead to a larger collaborative grant proposal for a more extensive study of biosolid application sites. The study design will include air quality sampling at a baseline (prior to biosolid application) and at a time shortly after application of biosolids. In addition, stream sampling at public access areas will be set up so that measures can be taken prior to biosolid application and after a significant rainfall. The decision regarding a health questionnaire was not made, pending interest by the University in collaboration on this project. It is anticipated that the study design phase would take place in January and early February and that the actual sampling will not occur until sometime this spring due to soil conditions, ground cover, and other technical factors related to the study itself. The School of Public Health is anticipating graduate student involvement with faculty consultation and oversight. The Board of Health reviewed and approved this project at its November meeting. This project is related to the Health Department's Strategic. Plan in the Water Protection Section of the plan. Since Orange County is one of the counties with the largest number of application sites, a larger collaborative research study would also help establish the relative risks associated with biosolid application sites and afford better information with which to inform County communities, policymakers, and partners. FINANCIAL IMPACT: The Health Director has identified a total of $10,000 from the Health Department's approved 2006-2007 budget that can be used for this project. RECOMMENDATION(S): The Manager recommends that the Board approve the agreement subject to final approval by UNC and County Attorney review, and authorize the Chair to sign the agreement. DRAFT AGREEMENT FOR BIOSOLIDS RESEARCH PROJECT FOR THE ORANGE COUNTY HEALTH DEPARTMENT -TASK ORDER This agreement is between UNC School of Public Health, Department of Environmental Sciences and Engineering, herein referred to as "ESE," and the Orange County Health Department, herein referred to as the "Department." It shall be effective December 12, 2006 and shall terminate on June 30, 2007. It is understood that ESE will design and carry out a pilot research project on a biosolids application site in the Bradshaw Quarry Road area as requested by the Health Department. It is further understood that there will be mutual cooperation between ESE and the Department in conducting the activities as described below: I. ESE agrees to: A. Design a study that will provide an assessment of air quality and water quality for a geographical area (to be determined) surrounding at least one biosolid application site in the Bradshaw Quarry Road area of Orange County. B. Submit the study design to the Department no later than January 30, 2007. C. Apply for and receive any required IRB or other research approvals. D. Provide personnel, equipment, and laboratory resources sufficient to carry out the study design. This could be students, staff, or faculty as ESE decides. E. Prepare a written report of study findings for submission to the Department no later than June 15, 2007. F. Collaborate with the Department in developing any community education materials as needed for~the implementation of the study design. G. Consult with the Department at each phase of the project. H.. Prepare two invoices to the Department, one at the submission of the. final study design and the final invoice upon submission of the final written report. II. The Department agrees to: A. Collaborate with ESE on the study design and implementation. B. Act as liaison with community members in the study implementation. C. Assign a staff member as the point of contact and consultant to ESE and the community. D. Pay ESE a total of $10,000 in two equal installments, within two weeks after submission of an invoice. 111. Other Agreement Provisions, A. This agreement or its renewals may be terminated at any time without penalty by either party provided that the agreement is terminated upon delivery of written notice of termination furnished to the other party at least sixty (60) days prior to termination. B. The Department hereby agrees with ESE that, in their educational and/or employment practices, the Department and ESE will comply with such non- discrimination laws as may be applicable to it in the performance of this agreement. ESE shall abide by pertinent rules and regulations of any State or Federal requirements regarding such research in the conduct of this project. ESE and the Department shall comply with such confidentiality laws as may be applicable in the performance of this agreement and acknowledge that in DRAFT receiving, storing, processing or otherwise dealing with any confidential information, they will safeguard and not further disclose the information except as permitted by Statute. It is determined that this project is not subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended. C. No provision of this agreement shall be construed or interpreted as creating a pledge of the faith and credit of the County of Orange or the Department within the meaning of any constitutional debt limitation. No provision of this agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by or a lending of the credit of the County of Orange or the Department within the meaning of the Constitution of the State of North Carolina. This agreement shall and does not directly or indirectly or contingently obligate the County of Orange or the Department to make any payments beyond those appropriated in the sole discretion of the County of Orange or the Department for any fiscal year in which this agreement shall be in effect. No deficiency judgment may be rendered against the County of Orange or the Department in any action for breach of a contractual obligation under this agreement and the taxing power of the County of Orange is not and may not be pledged directly or indirectly or contingently to secure any moneys due under this agreement. D. ESE agrees to hold Orange County and the Department harmless from any and all accidental injury or personal loss for the activities specified in this project for the Department. E. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. FOR AND ON BEHALF OF FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT THE DEPARTMENT OF ENVIRONMENTAL SCIENCES AND ENGINEERING, UNIVERSITY OF NORTH CAROLINA Rosemary L. Summers, MPH, DrPH Health Director Mark D. Sobsey, Director Environmental Virology and Microbiology Laboratory, Department of Environmental Sciences and Engineering, UNC DATE: DATE: 4 DRAFT FOR AND ON BEHALF OF THE COUNTY OF ORANGE DATE: Moses Carey Jr., Chair Orange County Board of Commissioners ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." DATE: Kenneth T. Chavious Orange County Finance Director