HomeMy WebLinkAboutResolutions - 2015.04.02 - 21766MISCELLANEOUS RESOLUTION #15065 March 18, 2015
BY: Planning & Building Committee, Philip Weipert, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS —
WASTE RESOURCE MANAGEMENT — APPROVAL OF 2015 NO HAZ INTERLOCAL
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County and its northern municipalities are committed to
protection of the natural environment and preventing toxic materials from entering our
waterways and landfill resources; and
WHEREAS the improper handling and disposal of toxic and poisonous
household chemicals poses a health risk to our citizens; and
WHEREAS recognizing there is a need to provide regular and easily accessible
household hazardous waste collection services to North Oakland residents; and
WHEREAS collection events for household hazardous waste are widely
accepted as the best way to provide citizens with a safe way to dispose of these toxic
and poisonous household chemicals, meet Phase II Stormwater Protection
requirements, encourage pollution prevention and enhance environmental health and
safety in the home; and
WHEREAS Oakland County, through its Department of Economic Development
and Community Affairs has facilitated the creation of the North Oakland Household
Hazardous Waste Consortium (NO HAZ), and
WHEREAS participating municipalities in North Oakland County have appointed
an official representative to the NO HAZ Consortium Board; and
WHEREAS the NO HAZ Consortium has developed a household hazardous
waste collection program; and
WHEREAS the municipalities recognize and agree that absent an agreement
with the County, the County has no obligation to facilitate such a program; and
WHEREAS the County's Corporation Counsel has reviewed and approved an
Interlocal Agreement between the County and a number of municipalities in North
Oakland County for the creation of a program to collect household hazardous waste; and
WHEREAS to date, the following municipalities have approved the interlace!
Agreement: Addison Township, Groveland Township, City of Lake Angelus,
Independence Township, Oakland Township, Oxford Township, Orion Township, City of
Rochester, City of Rochester Hills; Rose Township and Waterford Township; and
WHEREAS the Interlocal Agreement requires participating municipalities to fully
reimburse the County for all costs it incurs in connection with the NO HAZ program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Interlocal Agreement and authorizes the
Chairperson of the Board of Commissioners to sign the Agreement with all municipalities
who have signed the Interlocal Agreement and passed a resolution in support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF MUNICIPALITY]
This Interlocal Agreement ("the AGREEMENT") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("COUNTY"), and [Name and Address of Municipality]
("MUNICIPALITY").
In this AGREEMENT the COUNTY and the MUNICIPALITY may also be referred to
individually as "Party" or jointly as "Parties."
I. INTRODUCTORY STATEMENTS
11 The northern cities, villages and townships of Oakland COUNTY are
committed to protection of the natural environment and preventing toxic
materials from entering their waterways and landfill resources.
1.2 In order to accomplish this goal, there is a need to provide regular and
easily accessible household hazardous waste collection services to north
Oakland COUNTY residents.
1.3 These northern cities, villages and townships have sought the COUNTY'S
assistance in coordinating a household hazardous waste collection program.
1.4 The COUNTY has agreed to assist these communities by coordinating and
facilitating this AGREEMENT in order to form a comprehensive household
hazardous waste management program.
1.5 This interlocal AGREEMENT will allow participating communities to
obtain economic benefits of scale, without placing an undue burden on any
one community, in the provision of a coordinated program of household
hazardous waste collection and disposal. Residents of these communities
will enjoy access to a coordinated, convenient, ongoing collection program
supported by an aggressive educational program regarding the hazards of
household hazardous wastes and their proper re-use and disposal.
2. PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967,
1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this
AGREEMENT for the purpose of developing a comprehensive household hazardous
waste management program ("Program") that will meet the following goals and
objectives.
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3. GOALS OF THE PROGRAM:
3.1 To provide regular, reliable and easily accessible household hazardous
waste collection services to the residents of northern Oakland COUNTY.
The Program will help prevent toxic materials from entering Oakland
COUNTY'S waterways, water tables, and landfill resources and help to
remove them from potentially hazardous situations in area households.
3.2 To establish, coordinate, and promote an educational program to inform
residents about re-use, return, and reduction of potentially hazardous
materials, bolster community spirit, and educate residents about
environmentally sensitive behavior in general.
4. OBJECTIVES OF THE PROGRAM:
4.1 Increase public awareness of return, disposal, and source reduction options.
4.2 Initiate a reliable, regular, and convenient collection program for household
hazardous waste collection;
4.3 Promote knowledge of program requirements;
4.4 Help divert significant quantities of household hazardous materials from
landfills;
4.5 Help return significant quantities of potentially household hazardous
materials to point of purchase or recycling outlets for proper disposition;
and
4.6 Collect data about the amount and type of household hazardous materials in
north Oakland COUNTY and their ultimate disposition.
NOW THEREFORE, in consideration of the mutual promises, obligations,
representations, and assurances in this AGREEMENT, the Parties agree to the following:
5. DEFINITIONS The following words and expressions used throughout this
AGREEMENT, whether used in the singular or plural, within or without
quotation marks, or possessive or non-possessive, shall be defined, read, and
interpreted as follows:
5.1 "ACCEPTABLE HAZARDOUS WASTE" shall be defined as any and
all forms of HAZARDOUS WASTE that the HAZARDOUS WASTE
VENDOR specifically agrees to collect and properly dispose of and/or
recycle at any and all collection events throughout this program.
5.2 "ADMINISTRATIVE COSTS" shall be defined as any and all Program
costs, expenses, wages, salaries, fringe benefit costs, equipment, supplies,
administrative overhead, building costs, or any costs and expenses that are
incurred and/or paid by the COUNTY in the administration of this
program. Administrative Costs and HAZARDOUS WASTE
COLLECTION COSTS are mutually exclusive cost categories.
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5.3 "AGENT" OR "AGENTS" of the COUNTY or the MUNICIPALITY,
shall be defined to include any and all of that Party's officers, elected
officials, appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, AGENTS, representatives, and/or any
such persons' successors or predecessors, employees, attorneys, or auditors
(whether such persons act or acted in their personal, representative, or
official capacities), and/or any and all persons acting by, through, under, or
in concert with any of them. AGENT shall also include any person who
was an AGENT at any time during this AGREEMENT but for any reason
is no longer employed, appointed, or elected in that capacity. AGENT, as
defined for any purpose in this AGREEMENT, shall NOT include the
HAZARDOUS WASTE VENDOR.
5.4 "AGREEMENT" means the terms and conditions of this AGREEMENT,
Exhibits A and B referenced below and any other mutually agreed to and
properly executed modification, amendment, addendum, or change order.
5.4.1. Exhibit A (ADMINISTRATIVE and HAZARDOUS WASTE
COLLECTION COSTS)
5.4.2. Exhibit B (Population statistics and estimates of percentage of
total participation in program contributed by
MUNICIPALITY used to calculate
ADMINISTRATIVE COSTS of this program for
participating MUNICIPALITIES).
5.5 "CLAIM(S)" means any alleged losses, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation, costs, and/or expenses of any
kind which are imposed upon, incurred by, or asserted against a Party.
5.6 "COLLECTION SCHEDULE" means the dates scheduled for hazardous
waste collection services throughout North Oakland County. Oakland
County will schedule dates and times for hazardous waste collection
services for the 2015 year program in cooperation with the NO HAZ
Board.
5.7 "COLLECTION SITE PROTOCOL" shall be a clearly defined set of
operating procedures for every scheduled hazardous waste collection event.
This protocol shall clearly define the duties and responsibilities of the
HAZARDOUS WASTE VENDOR, COUNTY, and MUNICIPALITY at
each collection event. The protocol shall clearly provide that the
HAZARDOUS WASTE VENDOR is solely responsible for the collection,
sorting, transport and proper disposition of all ACCEPTABLE
HAZARDOUS WASTE collected at an event. The COUNTY has
developed this protocol in consultation with the NO HAZ VENDOR and
NO HAZ BOARD, and will update as needed or requested by the parties
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5.8 "COUNTY" means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, all of its departments, divisions,
the County Board of Commissioners, elected and appointed officials,
directors, board members, council members, commissioners, authorities,
committees, employees, AGENTS, subcontractors, volunteers, and/or any
such persons' successors.
5.9 "HAZARDOUS WASTE VENDOR" shall be defined as the vendor
selected by the COUNTY to perform hazardous waste collection services
on behalf of participating municipalities. The HAZARDOUS WASTE
VENDOR will conduct and oversee household hazardous waste collection
events throughout northern Oakland County. The vendor will be
responsible for all core operations at each event including receiving and
handling of household hazardous wastes, waste characterization,
manifestation and ultimate disposition of materials collected. The vendor
will assume all liability for ACCEPTABLE HAZARDOUS WASTE once
collected.
5.10 "HAZARDOUS WASTE COLLECTION COSTS" shall be defined as
any and all actual amounts paid to the HAZARDOUS WASTE VENDOR
by the COUNTY on behalf of participating MUNICIPALITIES for the
collection and disposal of ACCEPTABLE HAZARDOUS WASTE.
5.11 "MUNICIPALITY" as defined above also includes, without limitation, its
Council, any and all of its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners,
authorities, committees, employees, AGENTS, subcontractors, volunteers,
and/or any such persons' successors.
5.12 "NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE
ADVISORY BOARD" ("NO HAZ BOARD") means an advisory board
made up of one appointed representative from each participating
MUNICIPALITY. This board shall provide counsel and recommendations
to the COUNTY regarding the operation and administration of this
Program.
5.13 "PARTICIPATING MUNICIPALITY" means a city, village or
township that has agreed to participate in the North Oakland Household
Hazardous Waste Program. Municipal participation shall be evidenced by
a duly executed Interlocal Agreement between Oakland County and a city,
village or township.
5.14 "PROGRAM HOST" means any entity, public or private, which has
agreed to allow the COUNTY, the PARTICIPATING
MUNICIPLALITIES, and the HAZARDOUS WASTE VENDOR to
conduct a hazardous waste collection event on its premises.
6. COUNTY RESPONSIBILITIES Subject to the terms and conditions contained
in this AGREEMENT, and applicable changes in law, the COUNTY shall carry
out the following:
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6.1 The COUNTY shall be responsible for development and operation of the
Program and shall enter into contracts for the benefit of the Program. Such
contracts include, but are not limited to, a contract with the HAZARDOUS
WASTE VENDOR.
6.2 The COUNTY, together with the NO HAZ BOARD, will monitor the
services and activities of the HAZARDOUS WASTE VENDOR in order to
insure that all terms and conditions of the HAZARDOUS WASTE
VENDOR contract are satisfied. The COUNTY will take whatever steps
are reasonably necessary, in its sole discretion, to modify or correct a
deficiency in the HAZARDOUS WASTE VENDOR service and/or to
enforce or terminate the agreement in the event of default by the
HAZARDOUS WASTE VENDOR.
6.3 The COUNTY shall be responsible for selecting dates and locations for
hazardous waste collection services with the recommendation of the NO
HAZ BOARD.
6.4 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR
and NO HAZ BOARD, shall develop a COLLECTION SITE PROTOCOL
for hazardous waste collection events within the MUNICIPALITY.
6.5 The COUNTY, in consultation with the NO HAZ BOARD, shall formulate
a survey to be filled out by MUNICIPAL residents upon their arrival at a
scheduled collection event. This survey will require residents to provide
their name and address (including street, city or township and zip code).
Information gathered within this survey shall only be used for reasons
directly related to the administration of the NO HAZ program including,
but not limited to, the calculation of HAZARDOUS WASTE
COLLECTION COSTS for PARTICIPATING MUNICIPALITIES. Each
NO HAZ BOARD member shall have the right at any time to review the
addresses of participants to verify all are located within the
MUNICIPALITY. All personal identifying information collected from
MUNICIPAL residents shall be regarded as confidential and will not be
released by the COUNTY, the MUNICIPALITY or a NO HAZ BOARD
member except as required by law or court order.
6.6 The COUNTY shall provide educational support for the Program.
7. MUNICIPALITY'S RESPONSIBILITIES
7.1 Upon approval of this agreement, the MUNICIPALITY shall appoint a
MUNICIPAL AGENT to the NO HAZ BOARD to represent its interests.
This Board member shall be available to assist the COUNTY, as necessary,
in the administration of the program within the MUNICIPALITY.
7.2 Each MUNICIPALITY will provide MUNICIPAL AGENT(S) to work at
each collection event as the Parties agree that many workers are needed to
make each collection event run smoothly. The MUNICIPAL AGENT(S)
provided shall assist the COUNTY and HAZARDOUS WASTE VENDOR
in the set-up and operation of hazardous waste collection events. Such
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assistance may include, but is not limited to, traffic control, greeting
residents, administering surveys, and accepting donations on behalf of the
Program. Under no circumstances will a MUNICIPAL AGENT accept,
handle, dispose of, or otherwise come into contact with household
hazardous waste. The MUNICIPALITY will provide the following
numbers of MUNICIPAL AGENTS for each scheduled collection event
based upon the most recent census figures available:
7.2.1 A MUNICIPALITY with a population of 30,000 or less will
provide one MUNICIPAL AGENT at each scheduled collection
event. A MUNICIPALITY with a population of 30,001 or more is
required to provide two MUNICIPAL AGENTS at each scheduled
collection event. One additional MUNICIPAL AGENT will be
provided by each MUNICIPALITY for the collection event held at
Oakland University.
7.3 In the event that a MUNICIPALITY fails to supply the required
MUNICIPAL AGENTS to work at any given collection event, the
MUNICIPALITY will be assessed the following fees based upon the most
recent available census figures.
7.3.1 A MUNICIPALITY that had 125 participants or less at the 2014
NO HAZ events will be assessed $50.00 per collection event in
2015.
7.3.2 A MUNICIPALITY that had more than 126 but less than 401 total
participants at the 2014 NO HAZ events will be assessed $125.00
per collection event in 2015.
7.3.3 A MUNICIPALITY that had 401 or more total participants at the
2014 NO HAZ events will be assessed $250.00 per collection
event in 2015.
7.3.4 In the event a PARTICIPATING MUNICIPALITY that is new to
the Program in 2015 fails to provide the required MUNICIPAL
AGENT(S) at a scheduled collection event, the MUNICIPALITY
will be assessed a fee of $50.00 per event if it has a population of
less than 10,000, $125.00 per event if it has a population between
10,001 and 50,000, and $250.00 per event if it has a population of
50,001 or more.
8. MUNICIPAL AGENTS SHALL NOT BE DEEMED COUNTY
EMPLOYEES The Parties agree that no MUNICIPALITY AGENT shall be
considered a COUNTY employee or COUNTY AGENT for any purpose under
this AGREEMENT. The MUNICIPALITY agrees that it shall be solely and
completely liable for any and all MUNICIPALITY AGENTS' past, present, or
future wages, compensation, overtime wages, expenses, fringe benefits, pension
or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/ or other allowances of reimbursements of any kind,
including, but not limited to, workers' disability compensation benefits,
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unemployment compensation, Social Security Act protections and benefits, any
employment taxes and/or any other statutory or contractual right or benefit based
on or in any way related to any MUNICIPALITY AGENT'S employment status.
The MUNICIPALITY agrees to indemnify and hold harmless the COUNTY from
and against any and all CLAIM(S) which are imposed upon, incurred by, or
which are based upon, result from, or arise from, or are in any way related to, any
MUNICIPALITY AGENT'S wages, compensation, benefits or other
employment-related or based rights, including, but not limited to, those described
in this Paragraph.
9. NEITHER THE COUNTY OR MUNICIPALITY SHALL HANDLE OR
DISPOSE OF HAZARDOUS WASTE Neither the MUNICIPALITY nor the
COUNTY is responsible for handling or disposing of household hazardous waste.
This function will be performed solely by the HAZARDOUS WASTE VENDOR.
10. MUNICIPALITY MAY LIMIT PARTICIPATION OF RESIDENTS If a
MUNICIPALITY decides to limit the number of residents it will allow to
participate at one or more collection events, the MUNICIPALITY will identify a
method to limit such participation (which may include, for example, a voucher,
pre-registration or other reasonable process). The MUNICIPALITY must
communicate the process it intends to use to limit resident participation to the
COUNTY in advance of a collection event to ensure smooth enforcement of this
process and to allow the COUNTY ample time to communicate the process to
potential resident participants in applicable advertising regarding upcoming
events.
11. PARTICIPATION FEES The policy of the NO HAZ Consortium will be to
charge each resident that participates in a collection event a participation fee of
$10.00 per collection event in 2015. All participation fees shall be applied
directly to off-set the total HAZARDOUS WASTE COLLECTION FEES owed
by the resident's MUNICIPALITY. If a municipality elects not to charge its
residents a participation fee, it will advise the COUNTY of this fact no less than
60 days prior to a collection event so that proper procedures may be put in place
to register the MUNICIPALITY'S residents without collecting participation fees.
12. FINANCIAL RESPONSIBILITIES
12.1 The COUNTY, subject to the terms of this AGREEMENT, will advance
such funds as are necessary to pay the HAZARDOUS WASTE
COLLECTION COSTS and ADMINISTRATIVE COSTS of the
PROGRAM. The MUNICIPALITY shall repay the COUNTY in the
following manner.
12.2 The MUNICIPALITY shall repay the COUNTY a percentage of the total
ADMINISTRATIVE COST of the PROGRAM. The MUNICIPALITY'S
share of administrative costs under the program shall be the sum total of
two different calculations. The first calculation, based upon MUNICIPAL
population figures, represents half of the MUNICIPALITIES share of
ADMINISTRATIVE COSTS under the program. This figure shall be
based upon total MUNICIPAL population compared to the overall
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population of participating MUNICIPALITIES program-wide. For
purposes of illustration without limitation, if the MUNICIPALITY consists
of 1,000 residents and there are a total of 10,000 MUNICIPAL residents
served program-wide, then the MUNICPALITY would pay 10 (ten) percent
of this half of the PROGRAM'S total ADMINISTRATIVE COST. The
second half of the MUNICIPALITY'S total ADMINISTRATIVE COST
shall be the percentage of total MUNICIPAL participation compared to the
overall participation of residents program-wide. For purposes of
illustration without limitation, if 1,000 MUNICIPAL residents participate
in the program and there are a total of 10,000 MUNICIPAL residents
participating program-wide, then the MUNICIPALITY would pay 10 (ten)
percent of this half of the ADMINISTRATIVE COST.
12.2.1 If a MUNICIPALITY hosts a hazardous waste collection event as
part of this program on municipally-owned property, the
MUNICIPALITY shall be reimbursed by the COUNTY out of the
program's administrative budget. The amount of money provided
to reimburse a MUNICIPALITY for hosting a collection event
shall be a set amount and will be determined by the NO HAZ
BOARD. Any expenses incurred by a MUNICIPALITY which are
beyond the amount determined by the NO HAZ BOARD to be
appropriate for a collection event shall be the sole responsibility of
the MUNICIPALITY.
12.2.2 The MUNICIPALITY shall also repay the COUNTY a portion of
the HAZARDOUS WASTE COLLECTION COSTS. The
HAZARDOUS WASTE COLLECTION COSTS will be all costs
paid by the COUNTY to the HAZARDOUS WASTE VENDOR
for collecting and disposing of a MUNICIPAL resident's
hazardous waste material. The MUNICIPALITY may cap its
HAZARDOUS WASTE COLLECTION COSTS by limiting the
number of MUNICIPAL residents that may participate in
collection events. The MUNICIPALITY shall advise the
COUNTY of any such limitation upon MUNICIPAL resident
participation.
12.2.3 The COUNTY shall submit an invoice to the MUNICIPALITY
itemizing all amounts due under this AGREEMENT for its share
of ADMINISTRATIVE and HAZARDOUS WASTE
COLLECTION COSTS. The MUNICIPALITY shall pay the
invoice submitted to the COUNTY within thirty (30) days after
receipt of the invoice.
12.2.4 Except as expressly provided in this AGREEMENT, the COUNTY
is not responsible for any cost, fee, fine or penalty incurred by the
MUNICIPALITY in connection with this AGREEMENT.
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13. MUNICIPALITY'S FAILURE TO PAY
13.1 If the MUNICIPALITY, for any reason, fails to pay the COUNTY any
monies when and as due under this AGREEMENT, the MUNICIPALITY
agrees that unless expressly prohibited by law, the COUNTY or the
County Treasurer, at their sole option, shall be entitled to setoff from any
other MUNICIPALITY funds that are in the County's possession for any
reason. Funds include but are not limited to the Delinquent Tax
Revolving Fund ("DTRF"). Any setoff or retention of funds by the
COUNTY shall be deemed a voluntary assignment of the amount by the
MUNICIPALITY to the COUNTY. MUNICIPALITY waives any
CLAIMS against the COUNTY or its Officials for any acts related
specifically to the COUNTY'S offsetting or retaining such amounts. This
paragraph shall not limit MUNICIPALITY'S legal right to dispute
whether the underlying amount retained by the COUNTY was actually
due and owing under this AGREEMENT.
13.2 If the COUNTY chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the COUNTY any amounts due and owing the
COUNTY under this AGREEMENT, the COUNTY shall have the right to
charge up to the then-maximum legal interest on any unpaid amount.
Interest charges shall be in addition to any other amounts due to the
COUNTY under this AGREEMENT. Interest charges shall be calculated
using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
13.3 Nothing in this Section shall operate to limit the COUNTY'S right to
pursue or exercise any other legal rights or remedies under this
AGREEMENT against MUNICIPALITY to secure reimbursement or
amounts due the COUNTY under this AGREEMENT. The remedies in
this Section shall be available to the COUNTY on an ongoing and
successive basis if the MUNICIPALITY at any time becomes delinquent
in its payment. Notwithstanding any other term and condition in this
AGREEMENT, if the COUNTY pursues any legal action in any court to
secure its payment under this AGREEMENT, the MUNICIPALITY
agrees to pay all costs and expenses, including attorney's fees and court
costs, incurred by the COUNTY in the collection of any amount owed by
MUNICIPALITY.
14. EACH PARTY RESPONSIBLE FOR ITS OWN ACTIONS UNDER
AGREEMENT
14.1 Each Party shall be responsible for any CLAIMS made against that Party
and for the acts of its Employees or AGENTS.
14.2 In any CLAIMS that may arise from the performance of this
AGREEMENT, each Party shall seek its own legal representation and bear
the costs associated with such representation including any attorney fees.
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14.3 Except as otherwise provided in this AGREEMENT, neither Party shall
have any right under any legal principle to be indemnified by the other
Party or any of its employees or AGENTS in connection with any CLAIM.
14.4 This AGREEMENT does not, and is not intended to, impair, divest,
delegate or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty or immunity of the Parties. Nothing in
this AGREEMENT shall be construed as a waiver of governmental
immunity for either PARTY.
15. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE
MUNICIPALITY
15.1 The COUNTY shall require the following indemnification for participating
MUNICIPALITIES within the HAZARDOUS WASTE VENDOR
CONTRACT:
15.1.1 "The Contractor will protect, defend and indemnify the COUNTY,
PROGRAM HOSTS, and all PARTICIPATING
MUNICIPALITIES, together with their controllers, trustees,
officers, agents, servants, volunteers, and employees from any and
all liabilities, claims, liens, demands, and costs, of whatever kind
and nature which may result in injury or death to any persons, and
for loss or damage to any property, including property owned or in
the care, custody or control of the COUNTY, PROGRAM HOSTS
or PARTICIPATING MUNICIPALITIES in connection with or in
any way incident to or arising out of the occupancy, use, service
operations, performance, or non-performance of work in
connection with this contract resulting in whole or in part from
negligent acts or omissions of the Contractor, or any sub-
contractor, or any employee, agent or representative of the
Contractor or subcontractor."
15.1.2 "The indemnification rights contained in this Contract are in
excess and over and above any valid and collectible insurance
rights/policies."
15.1.3 "Contractor waives and releases all actions, liabilities, loss and
damage including any subrogated rights it may have against the
COUNTY, PROGRAM HOSTS, or PARTICIPATING
MUNNICIPALITIES based upon any CLAIM brought against the
COUNTY, PROGRAM HOST, OR PARTICIPATING
MUNICIPALITIES by a Contractor Employee."
16. LENGTH OF AGREEMENT This AGREEMENT shall become effective at
12:01 A.M., January 1, 2015, and shall remain in effect continuously until it
expires, without any further act or notice being required by either party, at 11:59
P.M. on December 31, 2015.
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17. TERMINATION OR CANCELLATION OF AGREEMENT Once the
agreement commences (as described in section 11 above), the parties may only
terminate this AGREEMENT as provided below:
17.1 Either Party may terminate or cancel this AGREEMENT for any reason
upon thirty (30) days' notice. The effective date for termination or
cancellation shall be clearly stated in the notice. If the MUNICIPALITY
terminates this AGREEMENT after commencement of the program, it shall
nevertheless remain liable for its share of the ADMINISTRATIVE COSTS
and HAZARDOUS WASTE COLLECTION COSTS for the entire tean of
this Agreement.
17.2 The COUNTY may cancel this AGREEMENT at any time should the
MUNICIPALITY "default" on any obligation under this AGREEMENT.
"Default" is defined as the failure of the MUNICIPALITY and/or any
MUNICIPALITY AGENT to fulfill any MUNICIPALITY obligations
under this AGREEMENT. If time permits, but not otherwise, the
COUNTY shall notify the MUNICIPALITY in writing of any default and
provide the MUNICIPALITY with an opportunity to correct the situation.
If after a reasonable period to cure the default, the MUNICIPALITY has
not corrected the circumstances giving rise to the notice, the COUNTY may
cancel this AGREEMENT and terminate the MUNICIPALITY'S further
participation in this program.
18. SUSPENSION OF SERVICES Upon notice to the MUNICIPALITY and the
NO HAZ ADVISORY BOARD the COUNTY may immediately suspend this
AGREEMENT if the MUNICIPALITY has failed to reasonably comply, within
the COUNTY'S sole discretion, with federal, state, or local law, or any
requirements contained in this AGREEMENT. The right to suspend services is in
addition to the right to terminate or cancel this AGREEMENT contained in
Section 13. The COUNTY shall not incur penalty, expense, or liability if services
are suspended under this Section.
19. LIMITATION OF LIABILITY The Parties agree that the COUNTY used its
best efforts and judgment when selecting a HAZARDOUS WASTE VENDOR
for this program. The MUNICIPALITY agrees to waive any CLAIM(S) or
liability against the COUNTY for any material defects, errors, mistakes,
negligence, or omissions in the bid specifications, the bid procedure, the bid
award process, the HAZARDOUS WASTE VENDOR contract negotiation
process, the preparation or execution of the HAZARDOUS WASTE VENDOR
contract, or any other errors or mistakes of fact by the COUNTY in the selection
of the HAZARDOUS WASTE VENDOR. The MUNICIPALITY agrees that at
all times and for all purposes under this AGREEMENT, the HAZARDOUS
WASTE VENDOR relationship to the COUNTY shall be that of an Independent
Contractor and not a COUNTY AGENT as defined herein. The
MUNICIPALITY hereby agrees to waive any CLAIM(S) or liability against the
COUNTY based in any manner upon any act or omission of the HAZARDOUS
WASTE VENDOR.
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20. NO THIRD PARTY BENEFICIARIES Except as provided for the benefit of
the Parties, this AGREEMENT does not and is not intended to create any
obligation, duty, promise, contractual right or benefit, right to indemnification,
right to subrogation, and/or any other right, in favor of any other person or entity.
21. COMPLIANCE WITH LAWS Each Party shall comply with all federal, state,
and local statutes, ordinances, regulations, administrative rules, and requirements
applicable to its activities performed under this AGREEMENT, including, but not
limited to, the policies, procedures, rules and regulations attached as Exhibits to
this AGREEMENT, and properly promulgated amendments to those Exhibits.
22. DISCRIMINATION The Parties shall not discriminate against their employees,
AGENTS, applicants for employment, or another persons or entities with respect
to hire, tenure, terms, conditions, and privileges of employment, or any matter
directly or indirectly related to employment in violation of any federal, state or
local law.
23. PERMITS AND LICENSES Each Party shall be responsible for obtaining and
maintaining, throughout the term of this AGREEMENT, all licenses, permits,
certificates, and governmental authorizations necessary to perform all its
obligations under this AGREEMENT. Upon request, a Party shall furnish copies
of any permit, license, certificate or governmental authorization to the requesting
Party.
24. RESERVATION OF RIGHTS This AGREEMENT does not, and is not
intended to impair, divest, delegate, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, obligation, duty, or in -imunity of the
Parties.
25. FORCE MAJEURE Each Party shall be excused from any obligations under
this AGREEMENT during the time and to the extent that a Party is prevented
from performing due to causes beyond such Party's control, including, but not
limited to, an act of God, war, acts of government (other than the Parties'), fire,
strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable
notice shall be given to the affected Party of any such event.
26. IN-KIND SERVICES. This AGREEMENT does not authorize any in-kind
services, unless previously agreed to by the Parties and specifically listed herein.
27. DELEGATION/SUBCONTRACT/ASSIGNMENT A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this AGREEMENT
without the prior written consent of the other Party. A delegation, subcontract
and/or assignment made without the prior written consent of the other Party is
void.
28. NO IMPLIED WAIVER Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this AGREEMENT shall
constitute a waiver of those rights with regard to any existing or subsequent
breach of this AGREEMENT. No waiver of any term, condition, or provision of
this AGREEMENT, whether by conduct or otherwise, in one or more instances,
12
shall be deemed or construed as a continuing waiver of any term, condition, or
provision of this AGREEMENT. No waiver by either Party shall subsequently
affect its right to require strict performance of this AGREEMENT.
29. SEVERABILITY If a court of competent jurisdiction finds a term, or condition,
of this AGREEMENT to be illegal or invalid, then the term, or condition, shall be
deemed severed from this AGREEMENT. All other terms, conditions, and
provisions of this AGREEMENT shall remain in full force.
30. CAPTIONS The section and subsection numbers, captions, and any index to
such sections and subsections contained in this AGREEMENT are intended for
the convenience of the reader and are not intended to have any substantive
meaning. The numbers, captions, and indexes shall not be interpreted or be
considered as part of this AGREEMENT. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive
or non-possessive use in this AGREEMENT shall be deemed the appropriate
plurality, gender or possession as the context requires.
31. NOTICES Notices given under this AGREEMENT shall be in writing and shall
be personally delivered, sent by express delivery service, certified mail, or first
class U.S. mail postage prepaid, and addressed to the person listed below. Notice
will be deemed given on the date when one of the following first occur: (1) the
date of actual receipt; (2) the next business day when notice is sent express
delivery service or personal delivery; or (3) three days after mailing first class or
certified U.S. mail.
31.1 If Notice is sent to the COUNTY, it shall be addressed and sent to: Oakland
County Waste Resource Management, 2100 Pontiac Lake Road, Bldg.
41W, Waterford, MI 48328-0409 and Chairperson of the Oakland County
Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
31.2 If Notice is sent to the MUNICIPALITY, it shall be addressed to:
31.3 Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
32. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE This
AGREEMENT shall be governed, interpreted, and enforced by the laws of the
State of Michigan. Except as otherwise required by law or court rule, any action
brought to enforce, interpret, or decide any CLAIM arising under or related to this
AGREEMENT shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as dictated
by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above.
33. AGREEMENT APPROVAL AND AMENDMENT
33.1 This AGREEMENT shall not become effective prior to the approval by
concurrent resolutions of the County Board of Commissioners and the
governing Legislative Body of the MUNICIPALITY. The approval and
13
terms of this AGREEMENT shall be entered in the official minutes and
proceedings of the County Board of Commissioners and governing
Legislative Body of the MUNICIPALITY and shall also be filed with the
office of the Clerk for the County and the MUNICIPALITY. In addition,
this AGREEMENT, and any subsequent amendments, shall be filed with
the Secretary of State for the State of Michigan by the COUNTY and shall
not become effective or implemented prior to its filing with the Secretary of
State.
33.2 Except as expressly provided herein, this AGREEMENT may be amended
only by concurrent written resolutions of the County Board of
Commissioners and the governing Legislative Body of the
MUNICIPALITY. This AGREEMENT shall not be changed,
supplemented, or amended except as provided for herein, and no other act,
verbal representation, document, usage, or custom shall be deemed to
amend or modify this AGREEMENT.
34. ENTIRE AGREEMENT This AGREEMENT constitutes the complete and
entire AGREEMENT between the COUNTY and MUNICIPALITY and fully
supersedes any and all prior AGREEMENTS or contemporaneous representations
or understandings, verbal or oral, between them concerning and in any way
related to the subject matter of this AGREEMENT. It is further agreed that the
terms and conditions herein are contractual and are not a mere recital and that are
no other AGREEMENTS, understandings, contracts, or representations between
the MUNICIPALITY and the COUNTY in any way related to the subject matter
hereof, except as expressly stated herein.
35. CONCLUSION: For and in consideration of the mutual promises,
acknowledgements and representations set forth in this AGREEMENT, and for
other good and valuable consideration, the adequacy of which is hereby
acknowledged, the COUNTY and MUNICIPALITY hereby agree to be bound by
the above terms and provisions.
14
IN WITNESS WHEREOF, hereby acknowledges that he has been
authorized by a resolution of the , a certified copy
of which is attached, to execute this AGREEMENT on behalf of the MUNICIPALITY
and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this
AGREEMENT.
EXECUTED: DATE:
WITNESSED: DATE:
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this AGREEMENT on behalf of the County of OAKLAND and hereby accepts
and binds the COUNTY to the terms and conditions of this AGREEMENT.
EXECUTED: DATE:
Michael Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Lisa Brown, Clerk, Register of Deeds
County of Oakland
15
EXHIBIT A
2015 Projected NO HAZ Budget
2015 NO HAZ Program Cost Details
Legal Management $2,049.60
Operational $9,551.28
Administration $15,297.32
Education and Outreach $16,101.96
TOTAL $43,000.16
2015 NO HAZ Hazardous Waste Disposal and Recycling Costs
Per Car Fee (including computer & electronic waste and latex
paint)
$29.00 each
This Estimate is based on holding four collection events. If more communities join the program than are expected,
or communities drop from the program, the number of collections may be adjusted accordingly. Additional
collection events will increase the administrative fee by approximately $5,000 each. Any additional collections will
be agreed upon by the County and the NO HAZ Advisory Board.
EXHIBIT B
2015 NO HAZ Program Estimated Costs
Municipality
Population
(2010
census)
% of
population
admin fee
based on
population Cars
% of
participation
admin fee
based on #
of cars
HHW
disposal fee
Revenue
from $10
per car fee
total amount
for program
$21,500.00 $21,500.00 $29.00
Addison 6,351 2.26% $485.65 94 2.14% $459.95 $2,726.00 $940.00 $2,731.60
Groveland 5,476 1.95% $418.74 39 0.89% $190.83 $1,131.00 $390.00 $1,350.57
Independence 34,681 12.33% $2,652.02 500 11.38% $2,446.52 $14,500.00 $5,000.00 $14,598.54
Lake Angelus 290 0.10% $22.18 31 0.71% $151.68 $899.00 $0.00 $1,072.86
Oakland 16,779 5.97% $1,283.07 325 7.40% $1,590.24 $9,425.00 $3,250.00 $9,048.31
Orion 35,394 12.59% $2,706.54 910 20.71% $4,452.66 $26,390.00 $0.00 $33,549.20
Oxford 20,526 7.30% $1,569.60 469 10.67% $2,294.83 $13,601.00 $0.00 $17,465.43
Rochester 12,711 4.52% $972.00 316 7.19% $1,546.20 $9,164.00 $0.00 $11,682.20
Rochester
Hills 70,995 25.25% $5,428.91 1,306 29.72% $6,390.30 $37,874.00 $13,060.00 $36,633.22
Rose 6,250 2.22% $477.93 50 1.14% $244.65 $1,450.00 $500.00 $1,672.58
Waterford 71,707 25.50% $5,483.36 354 8.06% $1,732.13 $10,266.00 $3,540.00 $13,941.49
281,160 100.00% $21,500.00 4,394 100.00% $21,500.00 $127,426.00 $26,680,00 $143,746,00
(1 )This is only an estimate. The actual costs will be determined by which communities are members of NO HAZ in 2015, and the number of
participants in the program from each of the member communities.
(2.)The cost per vehicle including electronic waste is $29.00. This includes the cost for latex paint, as well as a $.25 contingency fee.
(3)The total administration fee is $43,000.00, which includes 4 collection events.
(4)The number of participants is estimated using the 2014 number of participants and adding 10% if the community was a NO HAZ member..
(5)One or two people from each community are required to work at each of the collection events. These costs are not factored into this
estimate.
Failure to provide a volunteer will result in charges as outlined in the Interlocal agreement. These costs are not factored into this estimate.
A representative from each community is also needed to attend meetings. These are held 2-3 times per year. Costs for this person are not
factored into this estimate.
(6.) If additional communities join the program, additional collections may be necessary. This would be decided upon by the County and NO
HAZ
Advisory Board, and would result in additional administration costs of approximately $5,000 per collection.
17
Resolution #15065 March 18, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR. #15065) April 2, 2015
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS —
WASTE RESOURCE MANAGEMENT — APPROVAL OF 2015 NO HAZ INTERLOCAL
AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. Oakland County has facilitated the creation of the North Oakland Household
Hazardous Waste Consortium (NO HAZ) to provide household hazardous waste
collection services to residents of northern Oakland County.
2. The resolution approves the 2015 NO HAZ Interlocal Agreement and authorizes the
Chairperson of the Board of Commissioners to sign the Agreement with all
municipalities who have signed the Interlocal Agreement and passed a resolution in
support thereof.
3. The Interlocal Agreement requires participating municipalities to fully reimburse the
County for all costs incurred in connection with the NO HAZ Program.
4. The FY 2015 Budget includes revenue and expenditure for the 2015 NO HAZ
Program; therefore no budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #15065 April 2, 2015
Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYES: 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).
-3 - (
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 2, 2015,
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 2nd day of April 2015.
Lisa Brown, Oakland County