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MISCELLANEOUS RESOLUTION 90028 February 22, 1990
BY: FINANCE COMMITTEE, DR. G. WI-IMAM CADDETT., CHAIRPERSON
DI RE: INSTITUTIONAL AND HUMAN SERVICES/ HEALTH DIVISION - 1989/1990
SOLID WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this contract is for reimbursement of County expenditures
attributable to the field activities, inspection, complaint responses, and
administration of the Solid Waste Management Program in Oakland County,
with funding made available by the Michigan Department of Natural
Resources; and •
WHEREAS pursuant to Miscellaneous Resolution #89105, application was
made to the Michigan Department of Natural Resources for the Solid Waste
Reimbursement Agreement in the amount of $16,955 for the period October 1,
1989, through September 30, 1990; and
WHEREAS the Michigan Department of Natural Resources has awarded the
County an agreement in the amount of $15,599 which is $1,356 or 8.0% less
than the application for the same time period; and
WHEREAS revenue in the amount of $15,151 has been budgeted for 1990 in
the 1990/1991 Biennial Budget which is $448 less than the reimbursement
agreement; and
WHEREAS application or acceptance of the Reimbursement Agreement does
not obligate the County to any future commitment; and
WHEREAS the Office of Corporation Counsel has reviewed the agreement
and approved it as to legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Solid Waste Reimbursement Agreement in the
amount of $15,599 and authorizes the Board Chairperson to execute said
agreement and to approve minor changes and agreement extensions, not to
exceed a fifteen (15) percent variance, which are consistent with the
agreement as approved.
BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows:
Revenues
3-22100-162-20-00-2611 Solid Waste Revenues $448
Expenditures
9-10100-909-01-00-9900 Contingency 448
$-0 -
Mr. Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
CONTRACT BETWEEN -
STATE OF MICHIGAN, DEPARTMENT OF NATURAL RESOURCES
AND
OAKLAND COUNTY HEALTH DEPARTMENT (OCHD)
This Contract, executed by and between the parties indicated above certifies
the OCBD to carry out the solid waste management activities identified in
Appenftices A and B during Fiscal YPar 1990 under the authority of See Lion 9 of
Act 641, P.A. of 1978, as amended, the Solid Waste Management Act. Hereafter,
OCHD shall be known as the Contractor and the Michigan Department of Natural
Resources shall he known as the State.
Whereas the State desires to engage the Contractor to render certain services
described in Appendices A and B, the Contractor and the State agree to the
following conditions:
I. Statement of Purpose
Michigan's Solid Waste Management Act, Act 641, P.A. of 1978, as amended,
provides for the Department of Natural Resources certification of local health
departments. Certified local health departments are expected to administer
the solid waste management regulations to enhance and cutpliment the State's
Solid Waste Management Program. This contract provides the guidelines for the
operation of a cooperative program between local health departments and the
Department of Natural Resources.
II. General Conditions
(a) The Contractor shall perform the services as described in Appendices
A and B attached hereto and made part of this Contract.
(b) The Contractor shall secure the necessary personnel to perfoLm the
services as described in Appendices A and B and all personnel shall
be employees or subcontractors. The Contractor shall accept
responsibility for and 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 State/Federal law for its employees. The above shall
be the responsibility of any firm or individual employer under a
subcontract. All personnel, employees, or subcontractors working
under this contract shall be qualified to perform the duties
required.
(c) This contract is retroactive to October 1, 1989, upon signing by
both pai Lies and shall remain in effect until September 30, 1990,
unless terminated under the provisions of Section IV or modified
under provisions of Section III. Such modifications are subject to
any additional required state and county approvals before becoming
effective.
Page 1
As compensation for services rendered in the conduct of this
program, the State agrees to provide the Contractor a percentage of
the negotiated personnel costs (specified in Appendix B), up to
100%, based on the approved program proposal (Appendix B), and
determined by the legislative appropriation pursuant to Section 34
(2) of Act 641, P.A. of 1978 as amended. This is a cost reimburse-
went Contract, not to exceed $15,600.74 for services performed
as described in Appendices A and B. Payment shall be made upon
receipt of required quarterly financial and performance reports, in
accordance with Appendix C provided that satisfactory progress is
being made on the mandatory items in the work program (Appendices A
and B). If satisfaeLory progress is not being made on the mandatory
items in the work program, the State and Contractor shall enter into
negotiation to modify the work program and/or the level of funding.
The final quarterly payment will not be processed until the terms
until the terms of the work program have been satisfied and all
required documents have been received by the State. This Contract
is subject to change or termination in the event of legislative or
executive action relating to the appropriation for this Contract.
(e) The Contractor's representative for this contract is Ronald L. Grimes
. The Contractor's representative may appoint other
personnel to act in his/her behalf in the completion of services to
be performed under this Contract only with written notice to the
State. The representative or approved appointee shall provide
coordination of services described in Appendices A and B. The
State's representative for this contract is Alan J. Howard, Chief,
Waste Management Division, Deportment of Natural Resources.
(f) The State and Contractor agree that the following provisions shall
apply to the work to be performed under this Contract. The rights
and remedies of the parties provided for in these clauses are in
addition to any other rights and remedies provided by law under this
ContrauL.
(g) Equipment purchased under this contract costing $500.00 or more must
he approved in advance by the Chief of the Waste Management Division
or a designated representative. Such equipment must be reverted to
the State of Michigan upon discontinuance of this contract.
III. CHANGES
(a) Either the State or the Contractor may, following consultation with
and upon consent by the other contract party, make changes within
the general scope of the Contract., in the services or work to be
performed. If such changes cause an increase or decrease in the
Contractor's cost or time required to perform any services under
this Contract, an equitable adjustment may be negotiated, and
agreements shall be put in writing.
(b) No services for which an additional compensation will be charged by
the Contractor shall be furnished without the written authorization
of the State.
(d)
Page 2
(c) Changes issued pursuant to this clause shall not be considered an
authorization to the Contractor to exceed the estimated cost set
forth in Appendix B, in the absence of a statement in the change
order, or other Contract modification, increasiaj n timated cost.
IV. CAN TION/DECERTIFICATION
(a) This Contract may be terminated by the State for any of the
following reasons:
(1) The Contractor fails to fulfill its obligations under this
contract.
(2) Executive Order or legislative reductions in the current year's
funding level.
(3) Decertification of the Contract pursuant to the reauirements of
Section 9, Act 641, P.A. of 1978, as amended, and Part 2. Rule
202 of Act 641 rules.
(4) Changes in Act 641, P.A. of 1978, as amended and its adminis-
trative rules regarding the certified health depar:,..,,enL program.
(o) This Contract may be terminated by the Contractor upon a thirty day
written notification to the State of desire to terminate the
Contract.
V. AUDIT; ACCESS TO RECORDS
(a) The Contractor shall maintain books, records, computer record s ,
documents and other evidence directly ,pertinent to the performance of
work under this Contract in accordance with generally accectef
accounting princioles and practices. The Contractor shall also main-
tain the financial information and da.ta used by the Contractor in the
preparation or support of the cost submission. The State or art: of
their duly authorized representatives shall have access, upon reason-
able notice, to such hocks, records, documents and other evidence for
the purpose of inspection and audit. The Contractor will provide
proper facilities -for such access and inspection. All records shall
be maintained for a minimum of five years after Contract term,ination
or completion.
(b) The Contractor shall, within 10 working days of a reralps- by the
State or art: of its dul7 authorized representatives, or: die coci.as
of art: books, records, computer records, documents and other evidence
directly pertinent to, or gathering process of, the per'ormance of
work under this Contract. The State will reimburse the Contractor
for duplication costs not to exceed five (5) cents per page and eight
(3) dollars per hour for reLluests exceeding 200 pages. Reauests for
reimbursement of duolicating costs shall be included in the Contrac-
tor's Quarterly Report to the State an described in Anc,-endi ,c C, and
shall include: the number of pages recuesteil; the name and hourlv pav
rate of the person making the re:.:,Tuest-d copies; and the acount of
time scent Taking the rues ted cooies.
This clause must be included in all subc-ontrac'te.
3
VI. Compliance and Enforcement Activities
In the event that the State initiates administrative or civil actions to
enforce cuyliance with the Solid Waste Management Act, 1978, PA 641, as
amended, or any other applicable statute, the Contractor shall cooperate
with the State by assisting Ln the preparation for and presentation of
such actions to the extent that such assistance is relevant to and
comensurate with the Contractor's past or current activities pursuant to
this Contract.
VII. SUBCONIPACTS
Any subcontractors and outside associates or consultants recuired by the
Contractor in connection with services covered by this Contract will be
limited to such individuals or firms as were soecificallv identified and
agreed to daring negotiations, or as are specifically authorized in
writing by the State perforoance of this Contract. Any substitutions in
or additions to such subcontractors, associates, or consultants will be
subjeuL to the prior written aporoval of the State. All subcontractors
are subject to the provisions of this ContrauL and are directly respon-
sible to the Contractor. The State reserves the option to ar)prove all
subcontractors. The State shall not unreasonably withhold approval of a
subcontractor.
VIII. NON-DISCRIYTNATTON
The Contractor aarocs not to aiscriminate against an employee or
applicant for emplov7ent with respect to hire, tenure, terms, conditions,
privileges of euployTent, or a matter directly or indirectly related to
employment, because of race, color, religion, national origin, ace, sex,
heiant, weight, marit -P1 status, or because of a handicap that is um-e-
lated to the person's ability to perform the duties of a particular job
or position. The Contractor further agrees that any subcontract shall
contain a non,iiscrimiaation p rovision T;Ihich is not less stringent tb=n
this provision and is binding upon any and all subcontractors. A breach
of this covenant shall be reaarded as a material breach of this Contract.
IX. UTILIZATION OF MINORITMDMEN C. BUSINESSES
In accordance with State policy., the Contractor agrees that aualified
minority and women owned business enterorises shall have the maxi=
practicable c000rtunity to particioate in the pe -r-formancr, of this
contract.
This clause must be included in all subcontracts.
X. CONTRACTOR AFFIRMATION CF YINOPITVNOMEN OWNED BUSINESS USE7UL
PARTICIPATION
By signing this Contract, the Contractor snecifLcallv affi-7s th at its
proposed subcontracts !.4 -ith minority and/or waren owned busin ess enter-
prises will be for the technical useful functions in the performance of
services noted in Appenraces A and B.
Pace 4
XI. ANTI-APARTHEID POLICY .
"By submitting this Contract the Contractor certifies that it:
a) Does not furnish finished products to the State originating or
manufactured in the Republic of South Africa.
b) Does not sell goods or services to the South African military,
Department of Cooperation and Development, or national, provincial or
local police or prison agencies, unless the firm is a signatory of
the Sullivan principles and is in the two highest categories of
progress.
c) Is not controlled by a South African firm.
d) Shall not enter into a subcontract with an entity that does not
complv with the conditions outlined above."
This clause must be included in all subcontracts.
XII. UNFAIR LABOR PRACTICES
The State may cancel this Contract if the Contractor or any
subcontractor, manufacturer, or suoplier of the Contractor apoears in the
register compiled by the Michigan 1-.'eartnent of Labor pursuant to Public
Act No. 278 of 1 980. Such cancellation is valid provided that the
Contractor is given (1) not less than 60 days written notice (delivered
by certified mail, return receipt requested) of intent to cancel and (2)
an opportunity for consultation with the State prior to cancellation.
This clause must be included in all subcontracts.
XIII. PANTS, COPYRIGHTS, AND RIGHTS IN DArT1.1,
If this Contract involves research, deqeloomental, experimental, or
deTcnstraticn work and any discovery or invention arises or is develoced
in the course of or under this Contract, the State shall retain sole
authority to patent or license.
The Contractor agroos that any plans, drawings, snecifications, c=uter
programs, technicz,1 reorts, operating manuals, and other work subwitte,:i
or which are soecified to be delivered under this Contract or which are
develoced or produced and raid for under this Contract are subject to
the riznts of the State of ,lichigan and the State shall retain an
irrevocable license to reproduce, publish and use in whole or in cart
and to authorize others to do so
This clause must be included in all subcontracts.
XIV'. ASSIGNABILITY
The Contractor shall not assign any interest in this Contract 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 to or become due to the Contractor
Page 5
from the State under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval. - Notice of
any such assignment Or transfer shall be fuudshed promptly to the State.
The State shall not unreasonably withhold approval of any assignment of
novation.
XV. OFFICIALS NOT TO BEFIT
No member of or delegate to the State legislature, Congress, resident
county commissioner, or any other municipal official, except as otherwise
provided for under this Contract, shall be admitted to any share or part
of this Contract or to any benefit that may arise there from; but this
provision shall not be construed to extend to this Contract, if made with
a corporation for its general benefit.
XVI. LIABILITY
(a) All liability, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities to be carried out
pursuant to the Obligations of the Contractor under this Contract
shall be the responsibility of the Contractor, and not the respon-
sibility of the State, if the liability, loss, or damage is caused
by, or arises out of, the actions or failure to act on the part of
the Contractor, any subcontractor, anyone directly or indirectly
employed by the Contractor, provided that nothing herein shall be
construed as a waiver of any governmental immunity the Contractor
has as provided by statute or modified by court decisions.
(b) All liability, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities to be carried out
pursuant to the obligations of the State under this contract shall
he the responsibility of the State and not the responsibility of the
Contractor if the liability, loss, -Or damage is caused by, or arises
out of, the action or failure to act on the part of any State em-
ployee or agent, provided that nothing herein shall be construed as
a waiver of any governmental immunity at the State, its agencies or
employees has as provided by statute or modified by court decisions.
=I. LIABILITY INSURANCE
(a) The Contractor shall maintain such comprehensive general liability
insurance coverage as will protect than from claims and personal
and/or bodily injuries or property damages which mav arise out of
acts or omissions of the Contractor and/or its employees, agents or
subcontractors, in their performance of the Contractor's duties
under this Contract. The CentrauLer may maintain such liability
insurance through a self-insured program. It is, however, expressly
understood and agreed by the State and the Contractor that the Con-
tractor is not required by this section to carry liability insurance
insuring against liability for losses resulting from pollution.
(b) The Contractor agrees to comply with the applicable insurance and
workers compensation laws of the State of Michigan while engaging in
all activities authorized under this Contract.
Page 6
STATE OF MICHIGAN CONIRACTOR
Signature Signature
Date Date
es_
Alan J. Howard
Typed
Chief, Waste_ Management Division
Department of Natural Resources
Titl
517-373-2730
Telephone Number
Roy Rewold
r-rYPed
Chairman, Oakland County
Board of Commissioners
Title
313-858-0102
TeLeohone Number
Contractor's Federal Id Number
Contractor's Address
Local Governmental Treasurer's
Address
Resolution # 90028 Feb. 22, 1990
Moved by Caddell supported by Crake the resolution be adopted.
AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn O. Allen, 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 February 22, 1990
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 22nd dayig, Egtalay,,..,/ 1990
7, Lyn2(D. Allen, County Clerk