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HomeMy WebLinkAboutResolutions - 1989.05.25 - 17060H7ny APPROVE THE FOREGOING RE5, - Miscellaneous Resolution #8 91 2 3 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - RESOURCE RECYCLING SYSTEMS, INC. 1989 PROFESSIONAL SERVICES AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is actively pursuing the implementaion of material recovery facilities, composting facilities and a resource recovery facility; and WHEREAS there is a need for expertise in siting material recovery facilities and composting facilities; and WHEREAS there is a need for expertise in the preparation of educational and promotional material; and WHEREAS there is a need for expertise in assisting municipalities in establishing and initiating the operation of material recovery programs; and WHEREAS Resource Recycling Systems, Inc. (RRS) has prepared the County's material recovery strategy and has the expertise to perform elements in the implementation of these strategies; and WHEREAS RRS has submitted a proposed agreement in which it is to prepare a work program with estimated cost within thirty (30) days of execution of this agreement and carry out the work program; and WHEREAS the Planning and Building Committee will act as a committee of the Board of Commissioners to review and approve the work program and elements of the work program before proceeding to the next step of the program; and WHEREAS 'the Recycling Subcommittee shall act as an advisory committee and assist in the preparation of the work program and also assist, as requested, to carry out the elements of the work program. NOW THEREFORE BE IT RESOLVED the the Oakland County Board of Commissioners hereby authorizes the Chairperson of the Board of Commissioners and the County Executive to execute the attached 1989 Professional Service Agreement with Resource Recycling Systems, Inc. at a cost for services and expenses not to exceed $100,000; and BE IT FURTHER RESOLVED that the Planning and Building Committee of the Oakland County Board of Commissioners is hereby authorized to approve the work program and elements of the work program as necessary to proceeed with the siting of the material recovery facilities and composting facilities, educational and promotional materials, and municipality's technical assistance services. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution, PLANNING AND BUILDING COMMITTEE FISCAL NOTE #89123 May 25, 1989 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL IN RE:: DEPT. OF PUBLIC WORKS - SOLID WASTE - RESOURCE RECYCLING SYSTEMS, INC. 1989 PROFESSIONAL SERVICES AMENDMENT - M.R. #89123 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellanous Resolution #89123 and finds: 1) The attached contract, as a substitute to the original, provides a more defined scope of work; 2) The resolution requires any additional scope to be approved by the Planning & Building Committee; 3) The County has need for expertise in siting material recovery facilities, composting facilities and preparation of educational and promotional material and technical assistance for local communities; 4) Resource Recycling Systems, Inc has technical expertise in these activities; 5) The contract has been approved as to form by Corporation Counsel; 6) The contract award is consistent with Miscellaneous Resolution Solid Waste - 1989 Professional Services Budget Amendment with an anticipated scope of work as follows: A. Material Recovery #1 Siting Assistance $ 10,000 B. Composting Facility Siting Assistance 10,000 C. Material Recovery #1 Educational Efforts Outreach Program - 35.,000 Technical Assistance 45,000 Total $100,000 7) It is recommended the attached contract be substituted and awarded and with the adoption of the above sited resolution, funds are available in the Solid Waste Unit Professional Services line-item (4-10100-141-15-00-3128) in an amount not to exceed $100,000 therefore no budget amendments are necessary. Finance Committee PROFESSIONAL SERVICES AGREEMENT Resource Recycling Systems, Inc. and Oakland County AGREEMENT, is made this day of , 1989, by the Board of County Commissioners of Oakland County, Michigan, a corporate political subdivision of the State of Michigan ("County") and Resource Recycling Systems, Inc., located at 401 N. Main, Ann Arbor, Michigan 48104 ("RRS"). In consideration of the premises below, the parties mutually agree as follows: ARTICLE I - PURPOSE WHEREAS, RRS is engaged in providing technical services to municipalities and counties and has experience and skill in the development and implementation of waste recycling and composting facilities, services and programs; and WHEREAS. RRS has indicated its desire to serve as the County's advisor in connection with the development of waste recycling and composting system improvements associated with the County's Solid Waste Management System; and WHEREAS, the County is desirous of retaining the services of RRS as a technical advisor in connection with development of waste recycling and composting system improvements associated with the County's Solid Waste Management System and is desirous of using RRS to site recycling and composting facilities, develop public education capacity, and provide technical assistance; and WHEREAS, RRS represents that it is capable of providing such necessary services and is willing to provide them from time to time as requested by the County; and WHEREAS, the County is a corporate political subdivision of the State of Michigan and is authorized to enter into professional services agreements in order to develop waste recycling and composting system improvements for the County. ARTICLE II - SCOPE OF SERVICES NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree that as requested by the County, RRS will provide project development services for waste recycling and composting programs in the County as described in Exhibit A attached hereto. Page 1 of 7 ARTICLE III - COMPENSATION For services related to tasks as outlined in Exhibit A, RRS shall be compensated for serviceg-77 based upon hourly rates as listed below. Project Management/Liaison $60.00/hour Technical Specialists $60.00/hour Engineering- $80.00/hour Communications Specialists $45.00/hour Systems Analysts $40.00/hour Research Analysts $35.00/hour Technical Writing/Clerical $25.00/hour These rates shall not be adjusted until January 1, 1990. Thereafter the County and RRS may negotiate adjustments to these rates. RRS estimates that the hourly fees and actual related expenses for work associated with providing project services during 1989 will not exceed $100,000 as set forth on Exhibit B. When the aggregate of hourly fees and related expenses equal $80,000, RRS shall notify the County, at which time the County and RRS shall negotiate the extension of the contract delineating the tasks to be accomplished by RRS and the costs thereof for the completion of the projects. In addition to the hourly fees for services described above, the County will reimburse RRS the cost for reasonable related actual expenses associated with the project for travel, meals, lodging, computer time, graphics, document reproduction, long distance travel, postage and/or express mail services. Travel reimbursement and lodging expenses shall conform to Oakland County Travel Regulations. No other expenses will be charged without prior approval of the County. All hourly fees and expenses will be billed on a monthly basis and will be identified by project task as listed on Exhibit B. Appropriate documentation and third party receipts will be provided with each invoice. Invoices shall be submitted to the County's designated representative or his/her designee. ARTICLE IV - NOTICES Any notice required or committed to be given shall be sent by certified mail, return receipt requested, to RRS at the following address: Mr. James A. Frey, Vice President Resource Recycling Systems, Inc. 401 N. Main Ann Arbor, MI 48104 and to the County: Oakland County Executive with copy to: H. Lawrence Fox Bishop, Cook, Purcell & Reynolds 1400 L Street, NW Washington, D.C. 20005-3502 Page 2 of 7 ARTICLE V - ENTIRE AGREEMENT This Agreement and its appendices constitutes the entire agreement between the parties pertaining to the subject matter hereof. No supplement, modification, waiver or termination of the Agreement, or any provisions hereof, shall be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions, nor shall such waiver constitute a continuing waiver unless expressly provided. ARTICLE VI - AMENDMENT This Agreement may be amended only upon the written agreement of the parties hereto. ARTICLE VIII - INTEREST OF RRS AND OAKLAND COUNTY RRS promises that it has no interest and will not acquire any interest which would conflict with the performance of services required by this contract. RRS also promises that, in the performance of this contract, no person having a conflicting interest will be employed. In addition, no officer, agent, employee of the County or member of its governing bodies may participate in any decision relating to this contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply if there has been compliance with the provisions of Section 3 of Act No. 317 of the Public Acts of 1968 and/or Section 30 of Act No. 156 of the Public Acts of 1851, as amended by Act No. 51 of the Public Acts of 1978, whichever is applicable. ARTICLE IX - CONTINGENT FEES RRS promises that it has not employed or retained any company or person, other than bona fide employees working solely for RRS, to solicit or secure this contract and that it has not paid or agreed to pay any company person, other than bona fide employees working solely for RRS, any fee, commission, percentage, brokerage, fee, gifts, or any other contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due RRS. Page 3 of 7 ARTICLE X - CONTRACT MANAGEMENT Within 30 days of a request from the County, RRS will provide a written statement of its estimate of its anticipated professional fees and out-of-pocket expenses for the next calendar year. ARTICLE XI - INDEPENDENT CONTRACTING RRS, Inc., represents and agrees that it is acting and shall continue to be an independent contractor and that no liability or benefits such as, but not limited to, Workmen's Compensation benefits, retirement and pension benefits, or insurance benefits, or such other rights or liabilities arising out of a contract of hire or employer-employee relationship shall arise or accrue to either party as a result of this agreement. ARTICLE XII - EQUAL EMPLOYMENT OPPORTUNITY RRS will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual preference, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief (except as it relates to a bona fide occupational qualification reasonably necessary to the normal operation of the business). RRS will take affirmative action to eliminate discrimination based on sex, race, or a handicap in the hiring of applicants and the treatment of employees. Affirmative action will include, but not be limited to: employment; upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship. RRS agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of RRS will state that all qualified applicants will receive consideration for employment without regard to race, color, creed, sex, sexual preference, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief. Breach of this provision is a material breach of this contract. Page 4 of 7 Chairperson, Board of Oakland County Commissioners /7 'Dani el '141A r phy Oakland County Exective By: By: rporation Counsel ARTICLE XIII - INDEMNIFICATION RRS agrees to defend, indemnify and hold the County of Oakland, its officials, employees and agents harmless from any and all liability, loss or damage which may result from any and all claims, demands, costs, judgments or causes of action, including attorneys fees, arising from the action or omissions of RRS, its officers, directors, employees or agents under this agreement. ARTICLE XIV - TERMINATION OF CONTRACT This Agreement may be terminated by either party on 30 days written notice to the other party. Work performed up to and including that date shall be due and payable. ARTICLE XV - DESIGNATED REPRESENTATIVE The Oakland County Executive or his designee and/or H. Lawrence Fox shall act as the County's contract manager for purposes of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. OAKLAND COUNTY, MICHIGAN to the Oakland County Commission By: Date: RESOURCE RECYCLING SYSTEMS, INC. By: James A. Frey, Vice-President Page 5 of 7 EXHIBIT A SCOPE OF SERVICES I. FACILITIES DEVELOPMENT RRS, working under the direction of county staff and Mr. H. Lawrence Fox of Bishop, Cook, Purcell & Reynolds, will directly assist in the siting of facilities for the waste recycling and composting system. Once authorized to proceed, RRS will consult with necessary planning leadership before developing a proposal for a siting strategy. The final siting strategy and work plan will be negotiated with the County Executive and Board of Commissioners, before specific tasks are initiated. Once underway, RRS staff will be responsible for completion of the tasks as defined in that siting strategy and work plan -- with the end goal being the identification and full approval of specific sites for specific facilities. II. DEVELOPMENT OF SUPPORT FOR PROGRAM W/OUTREACH CAMPAIGN RRS will provide assistance where needed with development and execution of a comprehensive outreach effort to solicit and negotiate support for the program from area municipalities, local regional authorities, private businesses and the general public. Presentations, public forums, newsletters, and media contact are expected to be part of the program which will be carried out in coordination with county staff, Mr. H. Lawrence Fox of Bishop, Cook, Purcell & Reynolds, and others as determined by the County. III. TECHNICAL ASSISTANCE RRS, working under the direction of county staff and Mr. H. Lawrence Fox of Bishop, Cook, Purcell & Reynolds, will provide direct technical assistance as needed to area municipalities, local regional authorities and other governmental units as part of the implementation strategy for the waste recycling and composting system. Once authorized to proceed, RRS will consult with key members of the project team before developing a proposal for a technical assistance strategy. The final technical assistance strategy and work plan will be negotiated with county staff and the project team before specific tasks are initiated. Once underway, RRS staff will be responsible for completion of the tasks as defined in that technical assistance strategy and work plan -- with the end goal being the scheduled start-up and operation of specific waste recycling and composting systems within specific municipal and local regional authority areas of the County. Page 6 of 7 EXHIBIT B % To Be Estimated AccomDlished Cost I. Facilities Development A. Development of Siting Strategy 100% $ 1,250 Material Recovery Facility #1 B. Development of Siting Strategy 100% 1,250 Composting Facility #1 C. Siting of Material Recover Facility #1 100% 8,750 D. Siting of Composting Facility #1 100% 8,750 $ 20.000 II. Development of Support for Program W/Outreach Campaign A. Development of Outreach Program Scope of Work B. Development of Long Range Outreach Strategy C. Implementation 100% $ 3,000 100% 15,000 Cannot be 17,000 Determined at this time .$ 35,000 III. Technical Assistance A. Development of Technical Assistance Strategy B. Implementation 100% $ 3,500 Cannot be 41,500 Determined at this time $ 45,000 8100 ,000 County staff may allow variances between task estimates providing there is not a material change in the scope of services and the contract aggregates are not exceeded Page 7 of 7 R4171 RESOLUTION # May 25, 1989 Moved by Hobart supported by Crake the Fiscal Note be accepted. A sufficient majority having voted therefor, the Fiscal Note was accepted. Moved by Hobart supported by Crake the resolution be adopted. Moved by Hobart supported by Crake that the substitute contract reco'wended by the Finance_Committee, and attached to the Fiscal Note, be approved. A sufficient majority haVing voted therefor, the substitute contract was approved. Vote on resolution with contract: AYES: Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, IvIcCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, with amended contract, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on May 25 , 1g89 with the original record thereof now remaining on file in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac,Michigan this 25th day of May 1989f LVIN D. ALLEN, County Clerk RJgister of Deeds Deputy Clerk