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HomeMy WebLinkAboutResolutions - 1995.03.22 - 24528MISCELLANEOUS RESOLUTION 195082 March 23, 1995 By: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: Gypsy Moth Suppression Program Community Spray Contracts - Phase II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the gypsy moth Infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County's assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County has chosen to assist qualifying local units by participating in a state-wide treatment program developed by the Michigan Department of Agriculture (MDA); and WHEREAS the MDA program offers the expertise and experience of the MDA in suppressing the gypsy moth infestation plus the possibility of federal and/or state cost sharing for program expenses through a state grant entitled the "199 Minhigan DApartment nf Agrinniture Cooperative Gypsy Moth Suppression Program"; and WHEREAS the County provides local units an opportunity to join this County-wide program and realize economies of scale, cost savings, and possible cost sharing through the MDA grant that local units could not achieve independently; and WHEREAS the 1995 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with an MDA selected insecticide by an MDA qualified and approved agricultural pesticide spray contractor in an attempt to minimize municipal tree damage; and WHEREAS the governing bodies of the City of Southfield, Township of Waterford, Township of West Bloomfield, and Oakland County Parks and Recreation Commission have each adopted resolutions entering into the Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program with the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraphs, agrees to be bound by the terms and conditions contained in each of the following agreements: Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program with the City of Southfield Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program with the Township of Waterford Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program with the Township of West Bloomfield Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program with the Oakland County Parks & Recreation Commission BE IT FURTHER RESOLVED that upon receipt of a final, executed Municipality Participation Agreement - 1995 Oakland County Gypsy Moth Program from each of the above parties, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners authorizes the Oakland County Executive to execute and enter into each of these agreements on behalf of the County Of Oakland. BE IT FURTHER RESOLVED that the Agreement for the Charter Township of West Bloomfield is to be interpreted as provided for in the attached letter of understanding from their Township Supervisor dated March 6, 1995, which is to be made part of this agreement BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain and file each of the above agreements upon receipt of a final, executed copy of any of the above agreements. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUVLIC SERVICES COMMITTEE h 03/07/95 . 11:53 FAX 810 082 3788 WEST BLooll.TWP. a 004 ,03 7 07/.95 11:27 FAX 810 8581001 Qp 004/005 oc cow:. COUNSEL RESOLUTION Municipality Participation Agreement 1995 Oakland County Gypsy Moth Suppression Program At a regular meeting of the Board of Trustees cf . the Charter Township of West Bloomfield, Oakland County, Michigan, held in the Township Hall on March 6, 1995. Present! Hood, Law, Hammond, Holland, Schwartz, Shulman, Vatsls Absent: None The following resolution was offered by and seconded by nam _ mon4 . RECITATIONS ' On February 6, 1995, the Township Board approved the Municipality Participation Agreement for the 1995 Oakland County Gypsy Moth Suppression Program (Agreement) presented to the Township by the County with an amendment to Section 56 which would have allowed the County Coordinator to provide writteh confirmation of certain aspects of agreement 'interpretation and administration. Oakland County staff has now advised that it is possible that the Oakland Cbunty Board of Cemmissioners coUld approve a Letter of Understanding regarding the items of contract interpretation and administration of concern to the Townahip. Some of the Township's understandings have been confismed in the County's Request For Quotation (RFQ) dated 2/17/95. The Township's underitandings regarding Contract interpretation and administration not confirmed in the RFQ are set forth in the attached letter dated March 6, 1995 (Letter of Understanding), for signature by the Township SuperViSor upon passage of this Resolution. The Township desires to participate in the 1995 Oakland County Gypsy moth Supprassion Program as provided for in the RFQ, Agreement and Letter of Understanding. Now, THEREFORE, RE IT RESoLvED by the Board of Ttustees of the Charter Township of West Bloomfield that the Municipality Participation Agreement for the 1995 Oakland County aypay Moth Suppression Program is hereby approved, 03/07/95 TUE 11:26 (Ti'RX NO 5064] Q0004 03/07/95 11:27 FAX 810 8581003 . 03'07195 11f54 PAZ 510 582 3788 OC CORP. COUNSEL •- • .1,145r BLOM. TWP. 00 5 /0 05 Q 005 e • TT IS FURTHER RESOLVED that the Township Supervisor is authorised to execute the approved Agreement. Apts: All Nan: None Abstentions; None Absent; None STATE OF MICHIGAN, )se. COUNTY OF OAXLAND) 1, the undersigned. the duly and qualified and Gloated TaWaship Clerk of the Charter Township of West Bloomfield, Oakland County. Michigan, do hereby certify that the foregoing is a true and complete copy of the resolution enacted by the Township Board of the said Township at a duly called meeting held on the 6th day of March, 1915, the original of which is on file in ray office. IN WITNESS WHEREOF, I have hereunto affixed my official §ignature this 7111_:. day of March 1995. Sharon Lay, T6ignatshtp Clerk ilia WV r-Prw lig 2 03/07/95 TUE 11:28 [TI/RI NO 50641 005 OS/072.95 FAX RIO 8581003 .0C cop.?. COUNSEL 03107/95 .11:52 FAX 810 032 3788 11a 002 /005 - 411002 WEST BLOOK.TWP. id • 4 1 •. • CHARTER TOWNSHIP OP NEST Moomirimp 4550 WainUt Lake Road P.O. Box 230130 West Bloomfield, Michigan 46325-0130 March 6, 1995 Oakland County Board of Commiseionere do Michael D. Blasscaak Assistant Corporation Counsel 1200 North Telegraph Road DepartMOnt 429 Pontiac, Michigan 48341-0419 RE: Municipality PartiCipation Agreement, 1995 Oakland County Oypsy Moth Suppression Program Dear Board of Commissioners: r At its February 6, 1995 meeting, the Township Board of Trustee0 approved the above Agreement with an amendment to Section 56. allowing the County Coordinator to provide written confirmation OIL certain matters of contract interpretation and adminiatration. This action was taken with the intention of providing a means for our limited concerns to be addressed without the need for the full Board of Commissioners to addresa the details. We gOW understand that for at least two other communities. Letters of Understanding such as contemplated by West Bloomfield have been presented to and approved by the Board of Commissioners. If West Bloomfield Township's concerns can be addressed in a similar fashion, the amendment to Section 55 of the Agreement is not required. The aspects of contract interpretation and administration that the Township requests be confirmed by the County Board of Commissioners are as follows. References are to section numbers of the_Agreement. Section 16. When the Township ie required to provide telephone numbers is addressed in Section 17. Section 17. The notice by the County of property owner exclusions will be in writing. 03/07/95 TUE 11:2S [TX/RI NO 5041 QD002 • ,03/07/95 1126 FAX 810 8581003 OC CORP. COUNSEL Q40 0.3 /085 03/07/80 1153 FAX 810 082 3788 WEST $1.0011-TWP. q11003 e/Ci Michael D. Blaszczak Assistant Corporation Counsel Oakland County Board of Commissioners March 6. 1993 Page —2- Section 22, This Section is not intended to include any Township obligation for safety precautions which are under the exclusive control and supervision of any other •goeernmental ,agency or entity such as the Federal Aviation Administration, the eichigan Department of Agriculture or under the sole and exclusive control of the pesticide applicator. It is the intent of the parties that this Section shall be interpreted as creating a duty on the Township to assist mod cooperate in obtaining all necessary Certificates from public authoritiee. It is understood that even With thefr assistance and cooperation, public authorities, other than the Township, may still refuse to issue a necessary permit and under such circumstances, the Township would not be responsible. Section 27. 'This Section does not intend that the Township would be responsible for the employment practices of any other Municipality participating in this program. The intent is that the Township will be responsible only for those persons employed and/or Raid by it and not by any other Municipality or the County. .Section 41. It is the intent of the parties that the County vill make all documentation it has, in any way related to the Gypsy Moth program, available to Township officials for their review. It is not the intent of this Section that the Township shall undertake any affirmative duty to review any other documents or records related to this program beyond those provided or otherwise available from the county. Section 42. It is the intent of the parties that "all risks° referred to at the end of this Section are meant to include only "all risks where and as outlined in this Agreement." As confirmed by the Township Board resolution, the Agreement has been approved. Please confirm these understandings when the Agreement is approved by the Board of Commissioners. CHARTER TOWNSHIP OP WEST BLOOMFIELD araldine food, Supervisor GHJ'f if 03/07/95 TUE 11:28 (TX/RX No 50611 01003 5/2 ili) Resolution #95082 March 23, 1995 Moved by Obrecht supported by Pernick the resolution be adopted. AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. I HEREBYARROX THE FOREGOING RESOLUTION L. BrookyPatterson. County Executive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) =, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 23, 1995 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 23rd day arch 5.4:242 L. Allen, County Clerk