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HomeMy WebLinkAboutResolutions - 1983.09.07 - 11770September 7th, 1983 Miscellaneous Resolution 83.253 . BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: SOLID WASTE MANAGEMENT ACT 641 GRANT FOR SOLID WASTE MANAGEMENT PLANNING - FISCAL YEAR 1583-84 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 641 of Public Acts of 1378, Solid Waste Management Act, offers for local units of government the opportunity to develop solid waste management plans; and WHEREAS this Oakland County Board of Commissioners on August 26, 1982 by Miscellaneous Resolution 32243 did approve a solid waste management plan prepared under the auspices of the County Executive with the advice of the Citizens Solid Waste Planning Committee; and WHEREAS this plan was subsequently approved by at least of the municipalities in the County as required by Act 641 and by the Director of the Department of Natural Resources on July 28, 1983; and WHEREAS Act 641 provides for 80% state matching payments for plan preparation to the extent state funding is available; and WHEREAS approximately $48,333 in state funds is available to Oakland County for fiscal year 1933-34; and WHEREAS the County of Oakland, in the process of preparing the plan, expended monies which would more than meet the 20% match requirements; and WHEREAS the County of Oakland must enter into an agreement with the State Department of Natural Resources to receive fiscal year 1983-84 state planning funds, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Oakland County Executive to execute the necessary contract between the Michigan Department of Natural Resources and the County of Oakland to receive fiscal year 1933-84 grant funds as provided in the Solid Waste Management Act 641 of Public Acts of 1978. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BU ILD1 NC COMNITTE between MICHIGAN DEF -APTIENT 'OE NATURAL RESOURCES and County of OAKLAND 4.1r----1 ‘4,V This contract becomes effective upon signing by both parties and shall remain in force until the duties and responsibilities described herein and in Act 641 and the rules promulgated thereunder are completed or until the contract is extinguished because of a violation of the contract by the contractor or in 4-416"/Y er CA47444044,4L,(41/Aet accordance with clauses 1(c) and 2. Hereafter, shall be known as Contractor, and the Michigan Department of Natural Resources shall be known as the State. Whereas the Contractor has been found by the Eichign71 Department of Natural 'Resources to be eligible to receive funding for Solid Waste Managemeni7, Planning for OAKLAND County pursuant to the Solid Waste Management -Act, Act 641, Public Acts of 1978, aS amended, and the rules promulgated thereunder. The Contractor under the terms of this contract, Act 641, and the rules pro- mulgated thereunder, will cooperate and assist in the development and preparation of the Solid Waste Management Plan, as described in the work program, with the State. The Contractor hereby agrees and stipulates to undertake or participate in the duties and responsibilities described herein and in the rules promulgated under Act 641. The Contractor and the State agree to the following conditions: 1. General A. The Contractor shall perform the services required of a grantee by Act and the rules promulgated thereunder. -B . The Contractor shall secure the necessary personnel to perform the services required by Act 641 and the rules promulgated thereunder and all personnel shall be employees or shall be under the direct supervision of the Contractor. The Contractor shall accept responsibility for Prd make payments as required by law for workers' compensation insurance, social security, income • - tax deductions, unemployment compensation, and any other taxes or payroll -deductions as required by lay for its employees. The above shall be the responsibility of any flria or individual employed under a sub-contract. the work and proz;eoute the same to completion by agreement with another party or otherwise, The Coatractor shall not be. responsible for expenditures incurred by the State in complcing the work following termination of the agreement as des- cribed herein. 3. Remedies Except as may be otherwiseprovided in this agreement, all clams, counterclaims, disputes and other matters in question between the State and the Contractor arising out of or relating to this agreement or the breach thereof will be decided by administrative hearing. If the matter is not resolved by administrative hearing, legal remedies may be pursued. 4. Audit: Access to Records A. The Contractor shall maintain books, records, computer records, documents and other evidence directly pertinent to performance of work under this contract in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation or support of the cost submission. The State or any of their duly authoriz,ed representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The Contractor will provide proper facilities for such access ard inspection. This clause shall be included in all subcontracts. B. The Contractor 's representative in dicated LI this contract or bin/her •duly authorized representative shall have access to all State records pertinent to the program identified in the contract for the purposes of inspection and copying. Such access shall include access to facility files and records, manifest records and enforcement records. The Contractor shall not have access to materials deemed Confidential under the Freedom of Information Act. The State shall provide proper facilities for such access and inspection. - 5. Subcontracts Any subcontractors and outside associates or consultants required by the Contractor In connection with the services covered by this contract must be specifically authorized in writing by the State during the performance of this agreement. Any substitutions in or additions to such subcontractors, associates, or consultants will be subject to the prior written approval of the State, Contractor in providing any such gratuities to any such officer or employee, 10_ PATENTS If this contract involves research, developmental, experimental, or demon- stration work and any discovery or invention arises or is developed in the course of or under this contract, the State shall retain sole authority to patent or license. This clause shall he included in all subcontracts. 11. COPY:RI= AND RIGHTS IN DATA The Contractor agrees that any plans, drawings, specifications, computer programs, technical reports, oPerating manuals, and other work submitted or which are specified to be delivered under this contract or which are developed or pro- duced and paid for under this contract are subject to the rights of the State. of Michigan and the State shall retain. an irrevocable license to reproduce, publish and use in whole or in part and to authorize others to do so This clause shall he included in all subcontracts. ,12. ASSIG=IIITY The Contractor shall not assign any interest in this agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the State; provided, however, that claims. for money due or to become due to the Contractor from the State under this agreement may be assigned to a bank, trust company, or other financial institution without such apnroval. Notice of any such assignment or transfer shell he furnished promptly to the State. 13. OFFICIP,TS NOT TO BDY=IT No member of or delegate to Congress, or resident CcIrmissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14. LIABILITY The Contractor and the State of Michigan and its agents and emoloyees shall be jointly and severally liable for all claims, damages, losses and expenses -7- the Save Harmless clause of the contract. STATE OF MICHIGAN Contractor Signature Signature Title Title Date Date (Optional) Signature Title Date Federal I.D. # #83253 September 7, 1983 Moved by Hobart supported by Rewold the resolution be adopted. AYES: Rewold, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF M1CHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that 1 have compared the annexed copy of Miscellaneous Resolution #_83253 .adopted by the Oakland County at their meeting held on September 7, 1983 ard of Commissioners with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 7th day of _September 1983 this LYNN D ALLEN, County Clerk/Register of pee,