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HomeMy WebLinkAboutResolutions - 2000.08.10 - 25923REPORT (MR #00190) August 10, 2000 BY: IN RE: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIR DRAIN COMMISSIONER/ILLICIT CONNECTION INVESTIGATION PROGRAM $10,000 GRANT APPLICATION/ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on July 27, 2000, hereby recommends that the resolution be adopted with the fifth WHEREAS paragraph amended by striking the words "Maintenance Funds of the respective County Drains within the Clinton River Watershed" and inserting the words "General Fund" Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing Report. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Millard absent. July 20, 2000 MISCELLANEOUS RESOLUTION 100190 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/ILLICIT CONNECTION INVESTIGATION PROGRAM; $10,000 GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drain Commissioner proposes to conduct an illicit connection investigation program on the County's storm water system within the Oakland County portion of the Clinton River Watershed, including Bear Creek and the Twelve Towns drainage areas; and WHEREAS the Clinton River Watershed Council received an Environmental Protection Agency ("EPA") Coastal Environmental Management Grant to enhance illicit connections investigations and corrections capability in the Clinton River watershed; and WHEREAS Oakland County Drain Commissioner has been awarded a $10,000 grant from the Clinton River Watershed Council; and WHEREAS the purpose of the grant is to provide illicit discharge elimination services on a cost reimbursement basis; and WHEREAS that acceptance of the grant would require a County match of $1,250; and WHEREAS the required County match will be charged to the Maintenance Funds of the respective County Drains within the Clinton River Watershed; and WHEREAS no additional County personnel are required, and all grant funds will go towards illicit discharge elimination services; and WHEREAS acceptance of this reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $10,000 for the Oakland County Illicit Connection Investigation Program with a County match of $1,250. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Sever absent. CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE CLINTON RIVER WATERSHED COUNCIL This CONTRACT BETWEEN THE COUNTY OF OAKLAND and the CLINTON RIVER WATERSHED COUNCIL (hereafter this" Contract") is made and entered into by and between the COUNTY OF OAKLAND (hereafter "County"), a Michigan Municipal and Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, and the CLINTON RIVER WATERSHED COUNCIL (hereafter "CRWC "), a Michigan non-profit corporation, Federal Employer I.D. # 38-3216864 , whose address 1970 East Auburn Road, Rochester Hills, Michigan 48307-4803. In this Contract, either the CRWC or the County may also be referred to individually as a "Party" or jointly as the "Parties". INTRODUCTION The Clinton River Watershed Council received an Environmental Protection Agency ("EPA") Coastal Environmental Management Grant to enhance illicit connections investigations and corrections capability in the Clinton River watershed. The CRWC would like to direct funding from the EPA grant to Oakland County for fieldwork in the watershed. The Contract describes the parameters of the Contract, the service duties of the County and funding obligations for the period of June 1,2000 to September 30, 2000. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows: §1. CONTRACT DEFINITIONS In addition to any other defined terms in this Contract (e.g., "Contract", "County", "CRWC", "Party", or "Parties", etc.), the Parties agree that for all purposes, and as used throughout this Contract, the following words and expressions when printed with the first letter capitalized, as shown below, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: "CRWC Agent" shall be defined to include, any and all such CRWC Contractor(s)' employees, officers, directors, board members, trustees, volunteers, licensees, concessionaires, contractors, subcontractors, vendors, subsidiaries, joint venturers or partners, and/or any and all persons acting by, through, under, or in concert with any CRWC Contractor(s). "CRWC Agency" shall also include any person who was a CRWC Agent any time during the term of this Contract but, for any reason, is no longer employed, appointed, or serving as a CRWC Agent, without limitation, any and all employees, officers, directors, members, of the CRWC (whether such persons act or acted in their personal, representative or official capacities. 1.3 County" shall be defined as the "County of Oakland," a Michigan Municipal and Constitutional Corporation. "County" shall be further defined to include any and all "County Agents," as defined herein. 1.1. 1.4 "County Agent" shall be defined as any and all elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, third-party contractors, departments, divisions, volunteers, representatives, and/or any such persons' successors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them. "County Agent" and/or "County Agents" shall also include any person who was a County Agent any time during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as an County Agent. 1.5 "Day" shall be defined as any calendar day, which shall always begin at 12:00:01 a.m. and end at 11:59:59 p.m. §2 COUNTY SERVICES FOR THE CRWC Subject to the terms and conditions in this Contract, and except as otherwise provided by law, the County shall provide those County Services for the CRWC as described in this Contract. The Parties intend, agree, and acknowledge that no County Services, other than those County Services described in this Contract, shall or are otherwise required to be provided by the County for or to the CRWC. Additional County services may be contracted by mutual agreement between the Parties. 2.1 Oakland County will conduct an illicit connection investigation program in areas of the Clinton River watershed, including the Bear Creek and Twelve Towns drainage areas. This work will be done consistent with an approved Quality Assurance Plan associated with environmental measurement or data collection for monitoring. 2.2 The County will report to CRWC quarterly with a description of the results of the field work, including any corrective action taken, the costs eligible for grant reimbursement and the local match generated. This report, presented in hard copy and digital formats, will identify in text and map graphics the geographic areas of illicit connection fieldwork. 2.3 All County Services identified in this Contract shall be subject to all applicable County rules and regulations regarding the provision of any such County Services. 2.4 Nothing contained in this Contract limits or is intended to limit in any way County's right to offer and provide any similar or related Services to the general public or any other business entities, municipalities or governmental agencies, during or after any term of this Contract, or from working for more than one firm, entity or agency during the term of this Contract, or from sub- contracting and or delegating any County duty or obligation hereunder to any third person. §3 PAYMENT AND INVOICING OBLIGATION FOR COUNTY SERVICES 3.1 Subject to the terms and conditions of this Contract, the CRWC agrees to pay to Oakland County, up to TEN THOUSAND DOLLARS ($10,000) on a cost reimbursement basis. Oakland County will invoice CRWC quarterly for services rendered. CRWC will pay Oakland County within 30 days of the receipt of each invoice. Eligible costs for reimbursement include labor, materials and supplies, equipment usage costs and training. CONTRAcr BETWEEN Tim COUNTY OF OAKLAND AND FILE CLINTON RIVER NVATERSIIED COUNCIL PACE - 2 3.2 The County will provide documentation to CRWC that demonstrates compliance with federal and state regulations. Invoices from the County to CRWC must clearly identify: A. Total program outlays to the date of the invoice. B. The non-federal share of amount expended. C. The federal share of amount expended. D. The federal payments previously received. E. The reimbursements requested for the billing period. F. Project work element detail. G. Project direct costs and outside services. H. Time sheets for hourly employees and labor distribution sheets for salaried employees. I. Documentation of all contractor costs. The invoices must be certified for completeness and correctness by an appropriate County official. 3.2 The County shall provide matching costs of $1,250 to the CRWC. §4 ASSURANCES, WARRANTIES, AND LIMITATIONS ON LIABILITY 4.1 The County will act at all times in accordance with applicable federal and state regulations and will secure any permits and negotiate the terms of agreements in accordance with those requirements. 4.2 Any and all county services set forth in this contract are provided on an "as-is" and "as- available" basis, without any warranty of any kind, to the maximum extent permitted by applicable law. The County hereby expressly further disclaims any and all warranties, of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and/or that any county services under this contract will meet any CRWC needs or requirements, will be uninterrupted, timely, secure, error or risk free/or that any deficiencies in any County service. The entire risk arising out of the use of any and all county services herein remains at all times, with the CRWC to the maximum extent permitted by law. 4.3 In no event and under no circumstances in connection with or as a result of this contract shall the County be liable to the CRWC, or any other person, for any consequential, incidental, direct, indirect, special, punitive, or other similar damages whatsoever (including, without limitation, damages for loss of business, profits, business interruption, or any other pecuniary loss or business detriment) arising out of this contract for any county services hereunder or any CRWC use or inability to use any county services, even if the county has been advised of the possibility of such damages. The CRWC agrees that, in any and all events, the County's total liability to the CRWC for any and all claim(s), damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, shall not exceed the amount paid by the CRWC for any and all county services herein. §5 GENERAL TERMS AND CONDITIONS CONTRAC'l BETWEEN Till: COUNTY OF OAKLAND AND THE CLANTON RIVER NVATERSIIED COTNCII, PACE - 3 5.1 TERM OF THIS CONTRACT AND/OR "DURATION OF COUNTY SERVICE" 5.1.1 If either party wishes to terminate 90 days written notice must be given. The parties may mutually agree to extend the contract beyond September 30, 2000 if additional work needs to be completed. Notwithstanding any provision in this Section or this Contract, nothing herein shall limit or prohibit either Party from terminating or canceling this Contract prior to the stated "Duration of County Service," as otherwise expressly provided. 5.1.2 If notice of termination is given, it shall state the day of the effective date of the termination. County service provided under this Contract shall end at 11:59 p.m. on the effective date of the termination as provided in the written notice. 5.1.3 The Parties agree and acknowledge that either Party's decision to terminate and/or cancel this Contract, or any one or more individual County Service identified herein, shall not relieve the CRWC Authority of any CRWC Authority payment obligation for any County Services rendered prior to the effective date of any termination or cancellation of this Contract, provided any such County Services amounts were actually rendered and incurred prior to such termination and/or cancellation and were otherwise subject to payment by the CRWC Authority, as expressly provided for in this Contract. The provisions of this Subsection shall survive the termination cancellation and/or expiration of either this Contract or any "Duration of County Service" date herein. 5.2 The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or character of office of either Party. 5.3 Except as expressly provided herein for the benefit of one of the Parties herein (i.e., the County or the CRWC), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication). 5.4 The Parties agree that performance under this Contract will be conducted in compliance with all federal, Michigan, and local laws and regulations. This Contract is made and entered into in the County of Oakland and in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Contract is intended to and under all circumstances shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 5.5 Each Party to this Contract shall be excused from performance of any obligation to provide any services during the time and to the extent that Party is prevented from performing due to causes beyond such Party's control and without the fault or negligence of such Party, including, but not limited to, an act of God, war, acts of government other than the Parties of this Contract, fire, . strike, labor disputes, civil disturbances, reduction or failure of power source, unavailability of external interfaces, or any other circumstance beyond the reasonable control of the affected Party coNTRALT BETWEEN THE COUNTY OF OAKLAND AND TILE CLINTON RIVER WATERSHED COUNCIL PAGE - 4 and without the fault or negligence of such Party, provided that reasonable notice of any such event is given to the other Party. 5.6 Absent an express written waiver, no act, failure or delay by either Party to pursue or enforce any right or remedy granted under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract. No single, multiple or partial waiver by either Party of any provision of this Contract, of any breach, or of any right or remedy that either Party may have shall operate as a waiver of any other provision, breach, right or remedy or of the same provision, breach, right or remedy on a future occasion. No waiver by either Party shall subsequently affect its rights to require strict performance of this Contract. 5.7 Except as otherwise expressly provided for in this Contract, there shall be no modification, rescission, waiver, release or amendment of any provision of this Contract, except by an express written amendment to this Contract. The Parties agree that no such modification, rescission, waiver, release or amendment of any provision of this Contract amendment shall become effective against the County unless signed for the County by such County Agents as expressly authorized to so amend or change this Contract by the Oakland County Board of Commissioners. 5.8 Except as otherwise expressly provided for herein, any and all written notices provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail or delivered in person. A Party shall send or personally deliver all such written notices addressed to the Office of the person or persons who signed this Contract on behalf of the other Party, or their successor in office as may be identified in a prior written notice to the other Party, at the Party's address as shown on the first page of this Contract or an address otherwise provided by a Party in a prior written notice. All written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service or personally delivered to the Office of the signator(s) of the other Party. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the CRWC and the County, and by doing so legally obligate and bind the CRWC and the County to the terms and conditions of this Contract. The undersigned representatives of each of the Parties hereby warrant that each of them has taken all actions and secured any and all necessary approvals and authorizations to fully and completely obligate and bind each of their respective Parties to the terms and conditions of this Contract. CONTRACT BETWEEN THE couNTy OF OAKLAND AND THE cuNToN RIVER WATERSIIED COUNCIL PAGE -5 FOR THE CLINTON RIVER WATERSHED COUNCIL: BY: DATE: , 2000 Jenna Paluzzi, Executive Director, Clinton River Watershed Council FOR THE COUNTY OF OAKLAND: BY: DATE: , 2000 John McCulloch, Chairperson, Oakland County Board of Commissioners BY: DATE: , 2000 George Kuhn, Drain Commissioner G: \Terry's Files\Word '97\Sanzica\Watershed\Clinton River WC\CRWC CONTRACT.doc CONTRACT BETWEEN 'IIIE COUNTY OF OAKLAND AND TI I E cuNToN RIVER WATERSHED COUNCIL PACE - 6 Resolution #00190 July 20, 2000 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (#00190) August 10, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER/ILLICIT CONNECTION INVESTIGATION PROGRAM $10,000 GRANT APPLICATION/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 Drain Commissioner proposes to conduct an illicit connection investigation program of the County's storm water system within the County's portion of the Clinton River Watershed. 2. The Clinton River Watershed Council has received an Environmental Protection Agency Coastal Environmental Management grant in the amount of $10,000 and has awarded the grant to the Oakland County Drain Commissioner. 3. The purpose of the one-time grant is to provide illicit discharge elimination services on a cost reimbursement basis. 4. Acceptance of the grant requires a County match of $1,250, which is available in the General Fund portion of the Drain Commissioner's Salaries and Fringe Benefit budget. 5. No additional funding or County personnel are required. 6. Because this program will reimburse the County for expenditures made for regular employees, it will processed as a reimbursement agreement. The FY 2000 Budget is amended as follows: General Fund Revenue 1-61-111788-70500-0113 Grant Revenue $10,000 Expenditure 2-61-231788-70500-2001 Salaries-Regular $ 7,150 2-61-231788-70500-2074 Fringe Benefits 2,850 $10,000 $ -0- FINANCE COMMITTEE /1.,/ tA CvLA1,19-4 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Millard absent. Resolution #00190 August 10, 2000 Moved by Palmer supported by Millard the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Millard the resolution be adopted. Moved by Palmer supported by Millard the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Gregory, Jensen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. L. Brooks Pa HEI2V._::,y3 _ sok County Executive _ Date FOREGOING RESOLUTI, STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 August 10, 2000 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 loh day/Of August, 2000. G. William Caddell, County Clerk