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