HomeMy WebLinkAboutResolutions - 2012.04.18 - 20172MISCELLANEOUS RESOLUTION #12091 April 18, 2012
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — 2012 BIO-BASED PRODUCT
REIMBURSEMENT PROGRAM — GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Clean Energy Coalition, 924 N. Main St. Suite 2, Ann Arbor, MI 48104 (CEC) has
offered to provide Oakland County ("County") with samples of soy-based cleaning products for use in the
Grounds and Custodial Units of Facilities Management and the Garage; and
WHEREAS the offer is part of the 2012 Biobased Products Reimbursement Program ("Project")
funded by the United Soybean Board; and
WHEREAS this is a one-time grant acceptance for this program; and
WHEREAS this is direct funding without the need for matching funds; and
WHEREAS this grant is to be used to investigate the possible use of "green" products in the
County's Garage and Facilities Management operations; and
WHEREAS no new staff positions will be required to implement or administer this grant; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
grant funding from CEC in an amount up to $962.50, with a County match of $0, for a period of one year
effective immediately.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment and that no special revenue positions are required for acceptance.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford, Nuccio and Jackson absent.
GRANT REVIEW SIGN OFF — Facilities Management
GRANT NAME: 2012 Biobased Product Reimbursement Program
FUNDING AGENCY: Clean Energy Coalition (pass through from the United Soybean Board)
DEPARTMENT CONTACT PERSON: Art Holdsworth 8-9160
STATUS: Grant Acceptance
DATE: March 30, 2012
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sip Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (3/22/2012)
Department of Human Resources:
Approved. — Karen Jones (3/22/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (3/29/2012)
Corporation Counsel:
After reviewing the above-referenced Program Agreement, I saw no legal issues that need to be resolved
before execution. — Jody S. Hall (3/26/2012)
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2012 Biobased Product Reimbursement Program
This Agreement between Clean Energy Coalition, 924 N. Main St. Suite 2, Ann Arbor, MI 48104
('CEO") and Oakland County, 1200 North Telegraph, Pontiac, MI 48341 ("Project Partner"), is to
execute the 2012 Biobased Products Reimbursement Program ("Project") funded by the United
Soybean Board.
The purpose of the Project is to improve the availability and use of biobased products ("Products")
by providing sample materials to municipalities for use in their operations. CEO agrees to offer up
to $962.50 in Products for the Project Partner to test and review.
1. Product Execution. CEO will work with the Project Partner to identify Products that can be
used in its facility and/or vehicle operations. CEO will order and distribute the Products to the
Project Partner in accordance with the outlined agreement. No other reimbursements are
authorized under this Agreement. The Project Partner agrees to use the Products and provide
detailed feedback via an online survey produced and distributed by Clean Energy Coalition.
Feedback on the Products will be provided no later than July 30, 2012.
2. Enforcement. In the event that the Project Partner breaches any of its material duties or
obligations under this Agreement or poses a serious and imminent threat to the health and
safety of any person, or the imminent loss, damage or destruction of any real or tangible
personal property, CEO may terminate this Agreement immediately in whole or in part, for
cause, as of the date specified in the notice of termination.
3. Compliance with Applicable Law. When performing the obligations under this
Agreement, the Project Partner shall at all times comply with all applicable laws.
4. Survival. If, for any reason, any of the provisions of this Agreement are deemed
unenforceable, or inoperative by any court, the remaining provisions of this Agreement shall
remain in effect.
5. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. This Agreement is binding on CEO and the Project Partner and their respective
heirs, successors, and assigns.
6. Assignment. This Agreement may not be assigned by the Project Partner without the prior
written consent of CEO and the United Soybean Board. CEO shall submit all requests for
assignments to the United Soybean Board, before any assignment is approved, and shall also
provide copies of written consent authorizing assignments to the Project Partner once an
assignment has been approved.
7. Amendment, This Agreement may be modified or amended only by written agreement of the
parties.
8. Nonwaiver. If a party breaches this Agreement, the other party's failure to enforce any right
under this Agreement will not be deemed a waiver of any right under this Agreement or at law,
9. Indemnification. Clean Energy Coalition, the United Soybean Board and its affiliates are not
directly responsible for any losses, damages, and expenses resulting from the usage of the
Products provided to the Project Partner through the Project.
10. Entire Agreement. Subject to applicable laws, this Agreement contains the entire
agreement between the parties and cancels and supersedes any previous understanding or
agreement related to this Program, whether written or oral.
11. Governing Law. This Agreement shall be governed by the laws of the State of Michigan
without regard to its conflict of laws principles. The parties irrevocably consent that jurisdiction
and venue shall be appropriate in a Michigan court should any legal dispute arise among or
between them in connection with this Agreement.
Clean Energy Coalition Oakland County
Signature Date
Sean Reed
Executive Director
Clean Energy Coalition
Signature Date
Chairperson Michael Gingell
Board of Commissioners
Oakland County
1200 N. Telegraph
Pontiac, MI 48341
FISCAL NOTE (MISC.--#12091) April 18, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — 2012 BIO-BASED PRODUCT
REIMBURSEMENT PROGRAM — GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution accepts an award to receive samples of soy-based cleaning
products valued up to $962.50 from the Clean Energy Coalition of Ann Arbor,
Michigan as part of the Bio-based Product Reimbursement Program, funded by
the United Soybean Board.
2. The purpose of the program is to improve the availability and use of bio-based
products by providing sample materials to municipalities for use in their
operations.
3. The award will consist of samples of soy-based cleaning products valued in an
amount up to $962.50 provided to investigate the possible use of "green"
products in the County's Garage and Facilities Management operations.
4. The grant funding period is for one year beginning April 2012.
5. No County match is required for this one-time grant and the County is under no
obligation to continue using the products after testing.
6. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
I HEREBY APPROVE TVOREJ LIMON
Resolution #12091 April 18, 2012
Moved by Crawford supported by Middleton the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 April 18,
2012, 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 18 th day of April, 2012,
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Bill Bullard Jr., Oakland County