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
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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