HomeMy WebLinkAboutResolutions - 2000.07.20 - 26049AND BUILL.ING COMMITTEE
July 20, 2000
MISCELLANEOUS RESOLUTION 100189
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - INTERLOCAL AGREEMENTS FOR ILLICIT DISCHARGE
ELIMINATION SERVICE.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution #00047 the Drain Commissioner
was authorized to accept federal grant funding of $408,000 from the County of
Wayne via Unites States Environmental Protection Agency (USEPA) to implement
illicit discharge elimination, public education and sub-watershed planning for
restoring water quality of the Rouge River and its tributaries within Oakland
County; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or
in-kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a cost reimbursement basis to local municipalities
located within the Rouge River watershed; and,
WHEREAS, Miscellaneous Resolution #00047 required that before any work
being done that Interlocal Agreements be entered into between the Drain
Commissioner and the local municipalities; and,
WHEREAS, Bloomfield Township, City of Birmingham, City of Bloomfield Hills,
City of Farmington, City of Farmington Hills, Village of Beverly Hills, Village
of Franklin ("Municipalities") have requested the Oakland County Drain
Commissioner for assistance in performing illicit discharge elimination services;
and,
WHEREAS, the Municpalities, by resolution, have agreed in return to
reimburse the County as provided for in the attached copies of interlocal
agreements; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipalities by
providing the requested services under the terms and conditions of these
interlocal agreements; and,
WHEREAS, the municipalities recognize and agree that absent an agreement
such as this, the County, has no obligation to provide these services or grant
funding to or for the Municipalities;
NOW THEREFORE BE IT RESOLVED, in accordance Miscellaneous resolution
#00047, the Oakland County Board of Commissioners authorizes the Drain
Commissioner to execute the attached Interlocal Agreements with Bloomfield
Township, City of Birmingham, City of Bloomfield Hills, City of Farmington, City
of Farmington Hills, Village of Beverly Hills, Village of Franklin,
BE IT FURTHER RESOLVED, that the Drain Commissioner is authorized to
provide illicit discharge elimination services in accordance with these
Interlocal Agreements.
Chairperson, on behalf of the Planning and,Building Committee, I move the
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Sever absent.
adoption of the foregoing resolution. adoption of the foregoing resolution.
Resolution #00189 July 20, 2000
Moved by Palmer supported by Gregory the resolution be adopted.
Moved by Palmer supported by Law the resolution be amended to include the
Village of Bingham Farms.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Coleman,
Dingeldey, Douglas, Garfield, Gregory, Jensen, Law. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
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 July 20, 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 20 1p. day/6f July, 2000.
G7 William Caddell, County Clerk
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE VILLAGE OF BEVERLY HILLS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the VILLAGE OF BEVERLY HILLS, a
Michigan Constitutional and Municipal Corporation whose address is 18500 West
Thirteen Mile Road, Beverly Hills, Michigan (hereafter, the "Municipality"). In this
Contract, either the County and/or the Municipality may also be referred to individually
as a "Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $22,738.00. The internal
distribution of USEPA grant funding by County shall not exceed $11,369.00 and
Municipality shall provide a minimum matching costs of $11,369.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriat6 to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
Village of Beverly Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the Village of
Beverly Hills and shall also be filed with the office of the Clerk of the County and the
Clerk for the Village of Beverly Hills.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
DATE: 7-7 7-00
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Renzo Spallasso DPS Director of
the Village of Beverly Hills, hereby acknowledges that he has been authorized by a
resolution of the Council for the Village of Beverly Hills, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to the terms and conditions of this Contract.
EXECUTED:
Renzo Spallasso, Director
Department of Public Services
DATE: 5". • 3.P 24.40.4)
WITNESSED: DATE: 1& L C
E1ri E. ma 6na. i I , Clerk
Village of Beverly Hills
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
WITNESSE7
George W. Kuhn
Oakland County Drain Commissioner
./c;r214 4t42.---areteik-a__
G. William Caddell,
County of Oakland Clerk/Register of Deeds
DATE:
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
Labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMMGT\ILLDIS.WPD
EXHIBIT "A" 5
VILLAGE OF BEVERLY HILLS MICHIGAN
RESOLUTION
VILLAGE OF BEVERLY HILLS
APPROVE CONTRACT FOR STORM WATER SERVICES WITH OAKLAND
COUNTY DRAIN COMMISSIONER
Whereas, the County of Wayne through the Rouge River National Wet Weather Demonstration
Project has offered technical assistance and federal grants to local government
entities for addressing and improving the water quality and recreational use of the
Rouge River; and,
Whereas, implementation of the National Pollutant Discharge Elimination System ("NPDES")
General Wastewater Discharge Permit for Storm Water Discharges from Separate
Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General
Permit") issued by the State of Michigan will further goals to improve water quality
and recreational use of the Rouge River; and,
Whereas, illicit discharge elimination, public education and sub-watershed management
planning are considered examples of the types of activities required by the Storm
Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
Whereas, the Oakland County Drain Commissioner is actively participating in the
implementation of the NPDES General Wastewater Discharge Permit for Storm
Water Discharges from Separate Storm Water Drainage Systems issued by the State
of Michigan for the County of Oakland; and,
Whereas, the Drain Commissioner has applied for and was awarded federal grant funding not
exceeding $408,000 from the County of Wayne via United States Environmental
Protection Agency (USEPA) to assist local municipalities in their implementation of
illicit discharge elimination, public education and sub-watershed planning for
restoring water quality of the Rouge River and its tributaries within Oakland County;
and,
Whereas, said grant, among other things requires a 50% match in funds from local
municipalities; and,
Whereas, the Drain Commissioner is prepared to provide illicit discharge elimination services
on a labor, material and equipment costs basis in accordance with the attached inter-
local agreement to local municipalities located within the Rouge watershed in an
effort to assist local communities in their efforts to satisfy the conditions of the Storm
Water General Permit; and,
18500 W. 13 Mile Road • Beverly Hills, MI 48025 • (248) 646-6404 • FAX (248) 646-3703
Whereas, the Village of Beverly Hills ("Municipality") acknowledges that, absent an agreement
such as this, the County has no obligation to provide these services or to apply for
grant funding to or for the Municipality; and,
Whereas, the attached inter-local agreement has been reviewed by legal counsel for the Village
of Beverly Hills.
Therefore, be it resolved as follows:
That the Village of Beverly Hills Council hereby authorizes the Public Services
Director to execute the attached contract with the County of Oakland by and through
its Drain Commissioner.
Roll Call Vote:
Resolution passes unanimously.
I, Ellen E. Marshall, being the duly appointed and qualified Clerk of the Village of Beverly
Hills, Oakland County, Michigan, do hereby certify and declare that the attached is a true and
correct copy of a Resolution adopted by the Village Council of the Village of Beverly Hills at a
meeting thereof held on Monday, May 15, 2000.
4''72')a4,4
Ellen E. Marshall
Village Clerk
dated: May 31, 2000
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE VILLAGE OF BEVERLY HILLS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the VILLAGE OF BEVERLY HILLS, a
Michigan Constitutional and Municipal Corporation whose address is 18500 West
Thirteen Mile Road, Beverly Hills, Michigan (hereafter, the "Municipality"). In this
Contract, either the County and/or the Municipality may also be referred to individually
as a "Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $22,738.00. The internal
distribution of USEPA grant funding by County shall not exceed $11,369.00 and
Municipality shall provide a minimum matching costs of $11,369.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are'based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
Village of Beverly Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the Village of
Beverly Hills and shall also be filed with the office of the Clerk of the County and the
Clerk for the Village of Beverly Hills.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Renzo Spallasso DPS Director of
the Village of Beverly Hills, hereby acknowledges that he has been authorized by a
resolution of the Council for the Village of Beverly Hills, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to the terms and conditions of this Contract.
EXECUTED: eau•-•-°- oFft•bees•-•--,
Renzo Spallasso, Director
DATE: 5. • 3.9 • 2ase‘m
Department of Public Services
WITNESSED: aio, `Ma44Aal, DATE: S-3 ió&)
EilVn E. ma rsha. I I , Clerk
Village of Beverly Hills
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
George W. Kuhn
Oakland County Drain Commissioner
WITNESSED: DATE:
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORIAMGT\ILLDIS.WPD
EXHIBIT "A" 5
VILLAGE OF BINGHAM FARMS
RESOLUTION 2000-13
WHEREAS, the County of Wayne through the Rouge River National Wet Weather
Demonstration Project has offered technical assistance and federal grants to local government
entities for addressing and improving the water quality and recreational use of the Rouge River;
and,
WHEREAS, implementation of the National Pollutant Discharge Elimination System
("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate
Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by
the State of Michigan will further goals to improve water quality and recreational use of the
Rouge River; and,
WHEREAS, illicit discharge elimination, public education and sub-watershed
management planning are considered examples of the types of activities required by the Storm
Water General Permit which will assist in restoring the water quality of the Rouge River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in the
implementation of the NPDES General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems issued by the State of Michigan for the County of
Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal grant
funding not exceeding $408,000 from the County of Wayne via United States Environmental
Protection Agency (USEPA), to assist local municipalities in their implementation of illicit
discharge elimination, public education and sub-watershed planning for restoring water quality
of the Rouge River and its tributaries within Oakland County; and,
WHEREAS, said grant, among other things, requires a 50% match in funds from local
municipalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge elimination
services on a labor, material and equipment costs basis in accordance with the attached inter
local agreement to local municipalities located within the Rouge watershed in an effort to assist
local communities in their efforts to satisfy the conditions of the Storm Water General Permit; and,
WHEREAS, the Village of Bingham Farms ("Municipality") acknowledges that absent an
agreement such as this, the County, has no obligation to provide these services or to apply for
grant funding to or for the Municipality; AND,
WHEREAS, the attached inter-local agreement has been reviewed by legal counsel for
the Village of Bingham Farms.
THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Village of Bingham Farms hereby authorized the President to execute the
attached contract with the County of Oakland, by and through its' Drain Commissioner.
AYES: Bauer, Freeman, Ettenson, Zimmermann, Tripp, Leckie
NAYS: None
ABSTAIN: None
ABSENT: Wartell
RESOLUTION ADOPTED 6-0
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE VILLAGE OF BINGHAM FARMS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the VILLAGE OF BINGHAM FARMS, a
Michigan Constitutional and Municipal Corporation whose address is 30400 Telegraph
Road, Suite 328, Bingham Farms, Michigan (hereafter, the "Municipality"). In this
Contract, either the County and/or the Municipality may also be referred to individually
as a "Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County. Agent or OCDC
4
Personnel ancUor the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $11,584.00. The internal
distribution of USEPA grant funding by County shall not exceed $5,792.00 and
Municipality shall provide a minimum matching costs of $5,792.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided fOr in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.,
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
Village of Bingham Farms. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the Village of
Bingham Farms and shall also be filed with the office of the Clerk of the County and the
Clerk for the Village of Bingham Farms.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
1 1
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII.ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
DATE: De
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, MaryJane Bauer , President of
the Village of Bingham Farms, hereby acknowledges that he has been authorized by a
resolution of the Council for the Village of Bingham Farms, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to theterms and conditions of this Contract.
EXECUTED:
NIaryJnp Bauer , prpsidpnt
WITNESSED:Wc.,..4-4 crrk 12.% C
Kathryn P. Hagaman
Village of Bingham Farms
DATE: /77c,;7,c 0-0z,
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
George W. Kuhn
Oakland County Drain Commissioner
WITNESSED: ‘thit41141./e_ DATE: -06
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2350.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing, the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
a \SANZICA\STORMMGT\ILLDIS.WPD
EXHIBIT "A" 5
LI
ith A.Benn, City Clerk
CITY OF BIRMINGHAM
INTER-LOCAL AGREEMENT RESOLUTION
WHEREAS, the County of Wayne through the Rouge River National Wet Weather
Demonstration Project has offered technical assistance and federal grants to local government entities for
addressing and improving the water quality and recreational use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination System
("NPDES") General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm
Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by the State of
Michigan will further goals to improve water quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and sub-watershed management
planning are considered examples of the types of activities required by the Storm Water General Permit
which will assist in restoring the water quality of the Rouge River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in the
implementation of the NPDES General Wastewater Discharge Permit for Storm Water Discharges from
Separate Storm Water Drainage Systems issued by the State of Michigan for the County of Oaldand; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal grant funding not
exceeding $408,000 from the County of Wayne via United States Environmental Protection Agency
(USEPA), to assist local municipalities in their implementation of illicit discharge elimination, public
education and sub-watershed planning for restoring water quality of the Rouge River and its tributaries
within Oakland County; and,
WHEREAS, said grant, among other things, requires a 50% match in funds from local
municipalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge elimination services
on a labor, material and equipment costs basis in accordance with the attached inter local agreement to
local municipalities located within the Rouge watershed in an effort to assist local communities in their
efforts to satisfy the conditions of the Storm Water General Permit; and,
WHEREAS, the City of Birmingham acknowledges that absent an agreement such as this, the
County, has no obligation to provide these services or to apply for grant funding to or for the
Municipality; AND,
WHEREAS, the attached inter-local agreement has been reviewed by legal counsel for the City
of Birmingham.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
WHEREAS, the City of Birmingham hereby authorizes the Director of Engineering and Public
Service to execute the attached contract with the County of Oakland, by and through its Drain
Commissioner.
I, :ludith A. Benn, Clerk of the City of Birmingham, do hereby certify that the
foregoing resolution was adopted by the Birmingham City Commission at their
regular meeting held May 15, 2000.
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF BIRMINGHAM
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CITY OF BIRMINGHAM, a Michigan
Constitutional and Municipal Corporation whose address is 151 Martin Street, P.O. Box
3001,Birmingham, Michigan (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of Storm Water General Permit issued by the State of Michigan for
the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $15,016.00. The internal
distribution of USEPA grant funding by County shall not exceed $7,508.00 and
Municipality shall provide a minimum matching costs of $7,508.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Commission for
the City of Birmingham. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Commission for the City of
Birmingham and shall also be filed with the office of the Clerk of the County and the
Clerk for the City of Birmingham.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
EXECUTED: ,V"_/-efr,(>71 ,1/2' I 1/LAA-E4,-, ;I DATE:
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Qv uo D i )(or\ , `INyo I- of
the City of Birmingham, hereby acknowledges that he has been authorized by a
resolution of the Commission for the City of Birmingham, a certified copy of which is
/
der attached, to execu e 1 Contract on behalf of the Municipality and hereby accepts and
to - -1, ,
/ /
/1/ / / EXECUTED( / 1 /Ad 41/ DATE:
WITNESSED:
ft3 3I)Li:: 0; ja_L\
DATE: 5- I --t)O
Aiskk IV i'Senr\ , Clerk
City of Birmingham
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
George W.LKuhn
Oakland County Drain Commissioner
7-- 0 WITNESSED: -eoL
G. William Caddell,
County of Oakland Clerk/Register of Deeds
DATE:
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMMGT\ILLDIS.WPD
EXHIBIT "A" 5
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MAY 22, 2000
PAGE -1-
PRESENT: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
ABSENT: None
Wayne Domine, Superintendent of the Water and Sewer Department, reported that the
Federal Court, specifically Judge Fiekens required Bloomfield Township, along with all
Rouge River communities, to apply for a Storm Water General Permit by January 1999.
The MDEQ General Permit was to serve as a model of the new Federal Regulations
prior to the regulations effective date in October, 1999. Bloomfield Township is one of
eighteen communities in Oakland County that compose the Main 1 and 2 Subwatershed
of the Rouge River. Bloomfield Township consists of the largest land area tributary in
this subwatershed region.
The General Permit as well as the federal regulations requires each community to
develop a Public Education program, establish an Illicit Discharge and Connection
Elimination Program and participate in the regional management of the watershed. As
part of this court required process, the Main 1 and 2 Subwatershed Advisory Group
(SWAG) consisting of a representative from each community has been formed. The
purpose of SWAG is to address these requirements in a cooperative way that can
benefit the subwatershed.
General Permit
Bloomfield Township submitted the application for the General Permit before the
deadline in January 1999 and the MDEQ issued a "certificate of coverage" on May 28,
1999. The permit conditions currently meet the Federal Regulations and contains a
timetable to implement a Public Education Program and Illicit Discharge/Connection
Elimination Program.
The Public Education program consists primarily of display boards, newsletter articles,
brochures, video or any other type of media to convey the concerns of non-point source
pollution to the Rouge River. The Township's Public Education program has already
begun with a presentation of the Rouge Repair Kit at the Township Library and the
Johnson Nature Center in early June, 1999. The SWAG has a Public Education
subcommittee that is developing common use information that will be shared by the
subwatershed communities.
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MAY 22, 2000
PAGE -2-
The Illicit Discharge/Connection Elimination Program consists of developing new
ordinances, inspecting ouffalls, collecting data, implementing a complaint process and
enforcing corrective measures where necessary. This program not only includes the
investigation of illegal discharges, but also the identifying and monitoring of septic
systems in the Township.
Most of the SWAG communities have decided for the Oakland County Drain
Commissioner to perform the Illicit Discharge Survey in their community. Bloomfield
Township has approximately 7 miles of EPA designated reaches of the Rouge River.
The OCDC is already receiving Federal Grant to implement such a program and has
estimated the Township's cost to be $50,194.00 for which the Township's share would
be $25,097.00. Bloomfield Township would greatly benefit from the OCDC work as the
data will be consistent within the entire watershed.
Federal Grants
A significant factor in the implementation of the General Permit is the availability of
Federal Funds from Wayne County's Demonstration Grant for the Rouge River.
Federal money is available similar to the funds received previously for CSO
improvements except for these separate storm water funds have been allocated to each
of the subwatersheds and not to the individual communities. Currently available
Federal Grants are intended for the implementation of the General Permit requirements
only. Additional water quality grants have been designated for construction projects in
the upcoming years.
The Main 1 and 2 Subwatershed was allocated Federal Grant money in 1999 for which
the SWAG has designated where the funds would be dispersed. A portion of the funds
will go towards subwatershed wide management planning and public education that will
benefit the entire subwatershed communities.
Bloomfield Township applied and has been approved to receive a portion of the Federal
funds to implement an illicit discharge elimination plan sepcifically with the on-site
sewage disposal systems (septic systems). The grant money will be used to develop a
model program for the subwatershed. Bloomfield Township, which currently has over
3000 septic systems, will be the lead community receiving $60,000 of the grant and
other communities could benefit by way of special agreements with the Township to
implement their programs for an additional $60,000 from Federal Grants.
Additionally, Bloomfield Township applied for "special needs" funds to start up a GIS
mapping system to identify the location of septics, sewers and outfalls along the Rouge
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MAY 22, 2000
PAGE -3-
River and its tributary drains. These funds are separate of those allocated to the
subwatershed.
The Township will be required to enter into an Inter Agency Agreement (IAA) with
Wayne County to receive the Federal Grant funds. A final agreement with Wayne
County is still in process. Township's expenses toward these projects have already
commenced to be tracked for our 50 percent local match.
Summary
Most of the administrative and planning costs that are needed to meet these General
Permit requirements will most likely be incurred over the next five years. Standard
maintenance and monitoring costs will likely be similar to any other regulated program
that can be incorporated with other maintenance expenditures funded by the sewer
rates. Additionally, a portion of the County's Environmental Infrastructure Improvement
Fund can assist to offset these initial costs as well as the Federal grants.
Domine recommends that the Township adopt the required resolution to authorize the
Township Supervisor to enter into an agreement with the OCDC to perform the Federal
required Illicit Discharge/Connection Survey.
Margi Synk, engineer from Hubbell, Roth and Clark, Inc., also explained and answered
questions relative to various aspects of the program.
Domine introduced Brenda Campbell, Township employee and resident, who organized
a clean-up last year of Dinosaur Pond, which is located in her subdivision. She has
another waterway clean-up scheduled for June 3, 2000.
MOTION WAS MADE by Roncelli and supported by Stefanes to ADOPT the following
resolution:
RESOLUTION
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and
recreational use of the Rouge River; and
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MAY 22, 2000
PAGE -4-
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further goals to improve water
quality and recreational use of the Rouge River; and
WHEREAS, illicit discharge elimination, public education and sub-watershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the NPDES General Wastewater Discharge Permit for Storm
Water Discharges from Separate Storm Water Drainage Systems issued by the State of
Michigan for the County of Oakland; and
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via United States
Environmental Protection Agency (USEPA), to assist local municipalities in their
implementation of illicit discharge elimination, public education and sub-watershed
planning for restoring water quality of the Rouge River and its tributaries within Oakland
County; and
WHEREAS, said grant, among other things, requires a 50% match in funds from
local municipalities; and
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis in accordance with
the attached inter local agreement to local municipalities located within the Rouge
watershed in an effort to assist local communities in their efforts to satisfy the conditions
of the Storm Water General Permit; and
WHEREAS, the Charter Township of Bloomfield ("Municipality") acknowledges
that absent an agreement such as this, the County, has no obligation to provide these
services or to apply for grant funding to or for the Municipality; AND
WHEREAS, the attached inter-local agreement has been reviewed by legal
counsel for the Charter Township of Bloomfield.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MAY 22, 2000
PAGE -5-
That the Charter Township of Bloomfield hereby authorizes the Township
Supervisor to execute the attached contract with the County of Oakland, by and through
its Drain Commissioner.
YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, WILMA S. COTTON, TOWNSHIP CLERK of the Charter Township of
Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and
correct copy of a resolution adopted by the Board at their regular meeting held on May
22, 2000.
5
‘•••.. •
WILMA S. COTTON
TOWNSHIP CLERK
mjg
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CHARTER TOWNSHIP OF BLOOMFIELD
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CHARTER TOWNSHIP OF
BLOOMFIELD, a Municipal Corporation whose address is 4200 Telegraph Road, P.O.
Box 489, Bloomfield Hills, Michigan (hereafter, the "Municipality"). In this Contract,
either the County and/or the Municipality may also be referred to individually as a
"Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge for Storm Water Discharges from
Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $50,194.00. The internal
distribution of USEPA grant funding by County shall not exceed $25,097.00 and
Municipality shall provide a minimum matching costs of $25,097.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
10
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the township board
for the Charter Township of Bloomfield. The approval and terms of this Contract, and/or
any possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the township
board for the Charter Township of Bloomfield and shall also be filed with the office of
the Clerk of the County and the Clerk for the Charter Township of Bloomfield.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
EXECUTED:
EXECUTED: ( ;(ii ,
,/,
George WI" Kuhn
Oakland County Drain Commissioner
WITNESSED:
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, David Payne , Supervisor of
the Charter Township of Bloomfield, hereby acknowledges that he has been authorized
by a resolution of the township board for the Charter Township of Bloomfield, a certified
copy of which is attNhed, to execute this Contract on behalf of the Municipality and
hereby accepts and JaInkls theAnicipality to the terms and conditions of this Contract.
David Payne, Supervisor
, WITNESSED: ,, _ CA_JV\r)
Wilma S. cotton , Clerk
Charter Township of Bloomfield
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
G. William Caddell,
County of Oakland Clerk/Register of Deeds
DATE: -7-7 7- 00
DATE: Y- 7 --co
13
DATE: 5-22-00
DATE: 5-22-00
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
D:\SANZICA\STORMMGT\ILLDIS.WPD
EXHIBIT "A" 5
RESOLUTION
WHEREAS, the County of Wayne through the Rouge River National Wet weather
Demonstration Project has offered technical assistance and federal grants to local
government entities for addressing and improving the water quality and recreational use
of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further goals to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and sub-watershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the NPDES General Wastewater Discharge Permit for Storm
Water Discharges from Separate Storm Water Drainage Systems issued by the State of
Michigan for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via United States
Environmental Protection Agency (USEPA), to assist local municipalities in their
implementation of illicit discharge elimination, public education and sub-watershed
planning for restoring water quality of the Rouge River and its tributaries within Oakland
Count; and
WHEREAS, said grant, among other things, requires a 50% match in funds from
local municipalities; and
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis in accordance with
the attached inter local agreement to local municipalities located within the Rouge
watershed in an effort to assist local communities in their efforts to satisfy the conditions
of the Storm Water General Permit; and,
WHEREAS, the City of Bloomfield Hills ("Municipality") acknowledges that absent
an agreement such as this, the County, has no obligation to provide these services or to
apply for grant funding to or for the Municipality; AND,
WHEREAS, the attached inter-local agreement has been reviewed by legal
counsel for City of Bloomfield Hills.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the City of Bloomfield Hills hereby authorizes the Mayor and the City Clerk
of the City of Bloomfield Hills to execute the attached contract with the County of
Oakland, by and through its Drain Commissioner.
CITY OF BLOOMFIELD HILLS
---
/ç.
By: Michael Zambricki, Mayor
Br-Charles H. Harmon, JreCity Clerk
TAFiamptonFisher\8080.C54\wph.resolution re Rouge River Wet Weather 000427110741.doc
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF BLOOMFIELD HILLS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CITY OF BLOOMFIELD HILLS a
Municipal Corporation whose address is' • " . :4 1
Bloomfield Hills, Michigan (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
H =an 489-44. pad a43
143
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $29,602.00. The internal
distribution of USEPA grant funding by County shall not exceed $14,801.00 and
Municipality shall provide a-minimum-matching costs of $14,801.00. maximum 0.44
4.1 In consideration of the premises set forth/in this Contract, the Municipality
agrees to pay to the County the fees for kdrm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Commission for
the City of Bloomfield Hills. The approval and terms of this Contract, and/or any
possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the Commission
for the City of Bloomfield Hills and shall also be filed with the office of the Clerk of the
County and the Clerk for the City of Bloomfield Hills.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
EXECUTED:
eorge W.Kuhn
Oakland County Drain Commissioner
(DATE: 7
WITNESSED:
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Michael Zambricki and ,Charles Harmon,Jr of
the City of Bloomfield Hills, hereby acknowledges that he has been authorized by a
resolution of the City Commission for the City of Bloomfield Hills, a certified copy of
which is attached, to execute this Contract on behalf of the Municipality and hereby
accepts and binds the Municipality to the terms and conditions of this Contract.
DATE: May 11 , 2000
i ty Manag év-t'erkKharl es H. Harmon, Jr.
WITNESSED: 0444!-1 DATE: May 11, 2000
Catherine A I ane Deputy , Clerk
City of Bloomfield Hills
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
EXECUTED:
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
DATE: - 7- oo
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them o f the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
D:\SANZICA\STORMMGT\ILLDIS.WPD
4
EXHIBIT "A" 5
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF FARMINGTON HILLS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CITY OF FARMINGTON HILLS, a
Municipal Corporation whose address is 31555 West Eleven Mile Road, Farmington
Hills, Michigan 48336-1165 (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $240,812.00. The internal
distribution of USEPA grant funding by County shall not exceed $47,406.00 and
Municipality shall provide a minimum matching costs of $193,406.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
1 0
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
City of Farmington Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the City of
Farmington Hills and shall also be filed with the office of the Clerk of the County and the
Clerk for the City of Farmington Hills.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
DATE: ailioo
DATE: WITNESS
Steve Brock
City Manager
ington Hills
EXECUTED: A
EXECUTED: K,Ze-052 DATE:
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
UST VallsflESS WHEREOF, Steve Brock City Manager of
the City of Farmington Hills, hereby acknowledges that he has been authorized by a
resolution of the City Council for the City of Farmington Hills, a certified copy of which
is attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to the terms and conditions of this Contract.
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
George W'.'Kuhn
Oakland County Drain Commissioner
WITNESSED/l-ddatie-41.— di/L.444C DATE : ty- 7 - oo
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps win be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMMGTNILLDIS.WPD
EXHIBIT "A" 5
CITY OF FARM INGTON
RESOLUTION NO. 06-00-175
AUTHORIZING INTER-LOCAL AGREEMENT
WITH OAKLAND COUNTY DRAIN COMMISSION
Motion, by McShane, seconded by Mitchell, to adopt the following resolution:
WHEREAS, the County of Wayne through the Rouge River National Wet Weather Demonstration
Project has offered technical assistance and federal grants to local government entities for addressing
and improving the water quality and recreational use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination System ("NPDES")
General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage
Systems (Permit No. MIG61000) ("Storm Water General Permit") issued by the State of Michigan will
further goals to improve water quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and sub-watershed management
planning are considered examples of the types of activities required by the Storm Water General Permit
which will assist in restoring the water quality of the Rouge River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in the
implementation of the NPDES General Wastewater Discharge Permit for Storm Water Discharges from
Separate Storm Water Drainage systems issued by the State of Michigan for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal grant funding not
exceeding $408,000 from the County of Wayne via United States Environmental Protection Agency
(USEPA), to assist local municipalities in their implementation of illicit discharge elimination, public
education and sub-watershed planning for restoring water quality of the Rouge River and its tributaries
within Oakland County; and,
WHEREAS, said grant, among other things, requires a 50% match in funds from local
municipalities, and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge elimination services
on a labor, material and equipment cost basis in accordance with the attached inter-local agreement to
local municipalities located within the Rouge watershed in an effort to assist local communities in their
efforts to satisfy the conditions of the Storm Water General Permit; and,
WHEREAS, the City of Farmington acknowledges that absent an agreement such as this, the
County, has no obligation to provide these services or to apply for grant funding to or for the Municipality;
and,
WHEREAS, the attached inter-local agreement has been reviewed by legal counsel for the City of
Farmington;
THEREFORE, BE IT RESOLVED, that the City of Farmington Council authorize the Assistant
City Manager and City Clerk to execute the attached contract with the County of Oakland, by and through
its Drain Commissioner.
ROLL CALL
AYES: McShane, Mitchell, Bush, Campbell, Hartsock
NAYS: None
ABSENT: None
RESOLUTION DECLARED ADOPTED.
PATSY K. CANTRELL, CITY CLERK/TREASURER
I, Patsy K. Cantrell, duly authorized Clerk/Treasurer for the City of Farmington, do hereby certify that the
foregoing is a true and correct copy of a resolution adopted by the Farmington City Council at a regular j..... meeting held on Monday, June 5, 2000, in the City of Far- • , Oakland Qoun Michigan.
Patsy K. Cantt0II, City Clerk/Treasurer
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF FARMINGTON
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CITY OF FARMINGTON, a
Municipal Corporation whose address is 23600 Liberty Street, Farmington, Michigan
48335 (hereafter, the "Municipality"). In this Contract, either the County and/or the
Municipality may also be referred to individually as a "Party" or jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (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, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $2,146.00. The internal
distribution of USEPA grant funding by County shall not exceed $1,073.00 and
Municipality shall provide a minimum matching costs of $1,073.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
8
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9.3 The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
9
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses,
mileage allowances, training expenses, transportation costs, and/or other
allowances or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
10
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
City of Farmington. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the City of
Farmington and shall also be filed with the office of the Clerk of the County and the
Clerk for the City of Farmington.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
11
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
WITNESSED:
Patsy K. C5ntre
City of Farrhington
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
Asst.City
IN WITNESS WHEREOF, Bill Richards , Jr , Manager of
the City of Farmington, hereby acknowledges that he has been authorized by a resolution
of the City Council for the City of Farmington, a certified copy of which is attached, to
execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality‘ o the terms and conditions of this Contract.
EXECUTED: tl./q—uS1.-A----cl- DATE: June 16, 2000
Bill Richards, Jr .
Assistant City Manager
DATE: June 16, 2000
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
'2
EXECUTED: , --C-e/`Ear Ce.),C;k,t. Kik DATE: 7 - 00
George W. IC'uhn
Oakland County Drain Commissioner
WITNESSED:
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
DATE:
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a 0-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
dischrge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMMGT\ILLDIS.WPD
A
EXHIBIT "A" 5
DATE: May 16, 2000
. Doman, City Clerk
CITY OF FARMING TON HILLS
CITY CLERK'S OFFICE
31555 W. 11 Mile Road, Farmington Hills, MI 48336-1165
(248) 473-9558
R-127-00
RESOLUTION
IT IS RESOLVED, that City Council hereby authorizes the City Manager and City Clerk to
enter into an agreement with the Oakland County Drain Commissioner on behalf of the
Oakland County Board of Commissioners to perform a field inspection for the Rouge River
Wet Weather Demonstration Illicit Discharge Elimination Plan (IDEP) required by the City of
Farmington Hills under its General Stormwater Permit in an amount not to exceed $250,000,
half of which is to come from federal grant.
Motion by:
Support, by:
Roll Call Vote:
Yeas:
Nays:
Absent:
Abstentions:
ELLIS
GRANT
BARNETT, BATES, BRICICNER, ELLIS, GRANT, MC RAE
AND OLIVERIO
NONE
NONE
NONE
MOTION CARRIED 7-0
I, Kathryn A. Dornan, the duly authorized City Clerk of the City of Farmington Hills, Oakland
County, Michigan, do hereby certify that the foregoing is a true copy of a resolution adopted by
the City Council of the City of Farmington Hills on May 15, 2000.
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF FARMINGTON HILLS
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the CITY OF FARMINGTON HILLS, a
Municipal Corporation whose address is 31555 West Eleven Mile Road, Farmington
Hills, Michigan 48336-1165 (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local goverment entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding $408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination,
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmentallaws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $240,812.00. The internal
distribution of USEPA grant funding by County shall not exceed $47,406.00 and
Municipality shall provide a minimum matching costs of $193,406.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and./or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE IX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR. The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
1 0
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations pro-vided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
City of Farmington Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the City of
Farmington Hills and shall also be filed with the office of the Clerk of the County and the
Clerk for the City of Farmington Hills.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
DATE: 67/VZ° EXECUTED:
Steve Brock
City Manager
WITNESSE
Citk o
A. Dornan , Clerk
rmington Hills
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN vamEss NVFEEFUMF, Steve Brock , City Manager of
the City of Farmington Hills, hereby acknowledges that he has been authorized by a
resolution of the City Council for the City of Farmington Hills, a certified copy of which
is attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality to the terms and conditions of this Contract.
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
George W. Kuhn
Oakland County Drain Commissioner
DATE: WITNESSED:
G. William Caddell,
County of Oakland Clerk/Register of Deeds
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
4). Provide a data sheet for each outfall which includes pipe size, information on the physical
condition, presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river/drainage course while the
third remains in radio contact and works in the upland area tying the community provided maps to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example,
by hitting the last manhole cover with a hammer, the technician at the outfall can verify the
connection of a given outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
$1,950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A" 2
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2,750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storage/handling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew will review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light and/or high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analysis/mapping. Thus the estimated cost for a given facility is $660.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided.
DASANZICA\STORMNIGTULLDIS.WPD
EXHIBIT "A" 5
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE VILLAGE OF FRAiNKLIN
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the VILLAGE OF FRANKLIN, a
Michigan Constitutional and Municipal Corporation whose address 32325 Franklin Road,
Franklin, Michigan 48025 (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring: the water quality of the Rouge
River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding: S408,000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination.
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and,
WHEREAS, in order to comply with the federal grant funding_ requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties agree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials. appointed officials. directors, board members, council
members, commissioners. authorities, other boards. committees, commissions,
employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents. employees, attorneys.
or auditors (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, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever.
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise. and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's andior any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan." a sovereign governmental
entity of the United States. and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("NfDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
2.2.3 Except as otherwise expressly provided for herein. the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended, nor shall it be interpreted, to create,
change, grant. modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any ri2lit, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in. upon. or for any County Agent or OCDC Personnel with
the County, any applicable County employment ancL'or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent.
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or reg,ulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations. and/or civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA"). The
total budget for services under this Contract shall not exceed $14,158.00. The internal
distribution of USEPA grant funding by County shall not exceed $7,079.00 and
Municipality shall provide a minimum matching costs of $7,079.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USER-k funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated . with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE W. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further auee, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed.
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contact by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings. judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
1
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE LX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit and/or applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents, and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
1 0
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
Village of Franklin. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the Village of
Franklin and shall also be filed with the office of the Clerk of the County and the Clerk
for the Village of Franklin.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended,
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments, shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases. shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
11
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
EXECUTED: DATE:
EXECUTED: 4
George W. ahn
Oakland County Drain Commissioner
G. William Caddell,
County of Oakland ClerIcRe2ister of Deeds
WITNESSE
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
Om 5,e_
IN WITNESS WHEREOF, RALS 7 .AC//71/i'l / of
the Village of Franklin, hereby acknowledges that he has been authorized by a resolution
of the Council for the Village of Franklin, a certified copy of which is attached, to
execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Contract.
t7/1114ye"la.ei-t ,c hy-
WITNESSED: Z"---
t I lk , Clerk
Village of Franklin
DATE: V/ V rt.
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
DATE:
DATE: S ° 6
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a _given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
1). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
Provide a data sheet for each outfall which includes pipe size. information on the physical
condition. presence of foreign substances eliminating from the outfall and probable
owner/source.
The three person crew include two individuals who will walk the river, drainage course while the
third remains in radio contact and works in the upland area tying the community provided macs to
manholes. The interface of information between. the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example.
by hitting the last manhole cover with a hammer. the technician at the outfall can verify the
connection of a (=riven outfall to a manhole identified by street location.
EXHIBIT "A" 1
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contactinlz the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
I ). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations.
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 3/hours of
a three person crew and 4 hours of data analysis/mapping. Thus the estimated cost for one mile is
S1.950.00 which includes all transportation, equipment. expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Supplied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for "gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sign of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious drv weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A"
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2.750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing, fixtures and material storag.e/handling, areas. The following_ procedures
will be carried out to complete the facility inspection:
I.) At a minimum two field crew personnel will be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry. the field crew will review all local sewer maps to icientifv all
documented storm and sanitary lines on :he property.
EXHIBIT "A" 3
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of hazardous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidenae of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing. - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves throug.11 the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equipment can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to faciii:ate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dvets,) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance, enter the manhole or catch basin to check for dye.
A black light andlor high powered flashlight shall be used by each observing crew member
to assist in identifying dye. Once dye has been identified, the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observinz the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers. the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the communit -y will be provide with:
I). Five copies of the site plan depicting the data collected.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person crew
and four hours of data analvsisinlapping. Thus the estimated cost for a given facilir,- is 5660.00
which includes all transportation. equipment, expendables. overhead and supervision. A written cost
estimate with more detail will be provided.
D: SANZICX,STORNINEGT.ILLDIS.WPD
EXHIBIT "A" 5
RESOLUTION TO CONTRACT WITH OAKLAND COUNTY DRAIN
COMMISSION TO PROVIDE INVESTIGATIVE SERVICES FOR
ILLICIT CONNECTIONS TO TM: STORM SEWER SYSTEMS AND
PROVIDE 50% GRANT FUNDING THROUGH WAYNE COUNTY
AND THE ROUGE RIVER WET WEATHER DEMONSTRATION
PROJECT FOR THE STORM WATER GENERAL PERMIT
WHEREAS, the County of Wayne through the Rouge River National Wet Weather Demonstration
Project has offered technical assistance and federal grants to local government entities for
addressing and improving the water quality and recreational use of the Rouge River, and,
WHEREAS, implementation of the National Pollutant Discharge Elimination System ("NPDES")
General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water
Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by the State of
Michigan will further goals to improve water quality and recreational use of the Rouge River, and,
WHEREAS, illicit discharge elimination, public education and sub-watershed management
planning are considered examples of the types of activities required by the Storm Water General
Permit which will assist in restoring the water quality of the Rouge River; and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in the
implementation of the NPDES General Wastewater discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems issued by the State of Michigan for the County of
Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal grant funding not
exceeding $408,000 from the County of Wayne via United States Environmental Protection
Agency (USEPA), to assist local municipalities in their implementation of illicit discharge
elimination, public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland county; and.
WHEREAS, said grant, among other things, requires a 50% match in funds from local
municipalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge elimination services
on a labor, material and equipment costs basis in accordance with the attached inter-local
agreement to local municipalities located within the Rouge watershed in an effort to assist local
communities in their efforts to satisfy the conditions of the Storm Water General Permit; and,
WHEREAS, the Village of Franklin ("Municipality") acknowledges that absent an agreement such
as this, the County, has no obligation to provide these services or to apply for grant funding to or
for the Municipality; and.
WHEREAS, The attached inter-local agreement has been reviewed by legal counsel for the
Village of Franklin.
es A. Pikulas, President
Village of Franklin
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Franklin Village Council
authorizes the Franklin Village Administrator to execute the attached contract with the County of
Oakland, by and through its Drain Commissioner.
This Resolution was adopted by the Village Council of the Village of Franklin at a meeting
thereof held on May 8,2000.
CERTIFICATE
I, EILEEN H. PULKER, VILLAGE OF FRANKLIN CLERK, DO HEREBY
CERTIFY THAT THE FOREGOING IS A TRUE AND COMPLETE COPY
OF A RESOLUTION, THE ORIGINAL OF WHICH IS ON FILE IN MY
OFFICE, ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
FRANKLIN AT A MEETING THEREOF HELD ON MAY 8, 2000.
EILEEN H. PULKER. Clerk
Village of Franklin
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE VILLAGE OF FRANKLIN
This CONTRACT (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"),
by and through its Drain Commissioner and the VILLAGE OF FRANKLIN, a
Michigan Constitutional and Municipal Corporation whose address 32325 Franklin Road,
Franklin, Michigan 48025 (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
WHEREAS, the County of Wayne through the Rouge River National Wet
Weather Demonstration Project has offered technical assistance and federal grants to
local government entities for addressing and improving the water quality and recreational
use of the Rouge River; and,
'WHEREAS, implementation of the National Pollutant Discharge Elimination
System ("NPDES") General Wastewater Discharge Permit for Storm Water Discharges
from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water
General Permit") issued by the State of Michigan will further the goal to improve water
quality and recreational use of the Rouge River; and,
WHEREAS, illicit discharge elimination, public education and subwatershed
management planning are considered examples of the types of activities required by the
Storm Water General Permit which will assist in restoring the water quality of the Rouge
River: and,
WHEREAS, the Oakland County Drain Commissioner is actively participating in
the implementation of the Storm Water General Permit issued by the State of Michigan
for the County of Oakland; and,
WHEREAS, the Drain Commissioner has applied for and was awarded, federal
grant funding not exceeding S408.000 from the County of Wayne via Unites States
Environmental Protection Agency (USEPA), to implement illicit discharge elimination.
public education and sub-watershed planning for restoring water quality of the Rouge
River and its tributaries within Oakland County; and.
WHEREAS, in order to comply with the federal grant funding requirements and
objectives, the County of Oakland was required to enter into an Inter-Agency Agreement
("IAA") with the County of Wayne, and further, agreed to comply with certain
administrative procedures; and,
WHEREAS, said grant, among other things, requires a 50% match in funds or in-
kind services from local municpalities; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a labor, material and equipment costs basis to local municipalities
located within the Rouge watershed in accordance with this agreement, or in the
alternative, provide grant funding to local municpalities for illicit discharge elimination,
public education and sub-watershed planning activities; and,
WHEREAS, the Municipality has requested the Oakland County Drain
Commissioner for assistance in performing the scope of services (as described and
defined in this Contract) and has agreed in return to reimburse the County as provided for
in this Contract; and,
WHEREAS, the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel as defined herein, possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by providing the
requested services under the terms and conditions of this Contract; and,
WHEREAS, the Parties recognize and agree that absent an agreement such as
this, the County, has no obligation to provide these services or grant funding to or for the
Municipality.
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 receipt and adequacy of which is hereby acknowledged,
the County and the Municipality mutually agree as follows:
ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e.,
"Contract", "County", "Municipality", "Party" and "Parties"), the Parties aaree that the
following words and expressions, whether used in the singular or plural, possessive or
non-possessive, andlor either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "Consultant" - shall be defined as an independent contractor engaged by the
County to perform any services necessary to carry out the objectives under this
agreement.
1.2 "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers. departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents. employees, attorneys,
or auditors (whether such persons act or acted in their personal representative or
official capacities), and/or any persons acting by, through, under, or in concert
2
with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein.
1.3 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Office of the Oakland County Drain
Commissioner as shown in the current County budget and/or personnel records of
the County.
1.4 "Municipality Agent" or "Municipality Agents", shall be defined to include any
and all Municipality 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, agents, 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, except that no County Agent shall be deemed a
Municipality Agent and conversely, no Municipality Agent shall be deemed a
County Agent.
1.5 "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgnents, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation ancVor litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever.
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent under or in connection with this
Contract or are based on or result in any way from the County's andlor any
County Agent's participation in this Contract.
1.6 "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States. and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the Michigan Department of Environmental Quality ("MDEQ").
3
ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S STORM
WATER MANAGEMENT SERVICES. The Parties agree that the full and complete
scope of storm water management services shall be as described in attached Exhibit "A"
and limited in the following subsections (hereinafter defined and referred to as either
"OCDC storm water management services" or services).
2.1 PURPOSE OF "SERVICES" The Parties agree that the purpose of any and all
"OCDC storm water management services" or "Services" to be performed under
this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in
as an auxiliary, to contribute effort toward completion of a goal, etc.) the
Municipality in the performance of Municipality's official functions, obligations,
and Municipality's legal responsibilities relating the Storm Water General Permit
and fulfillment of the state and federal environmental laws and regulations.
2.2 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "OCDC storm water management services" or "Services" to be provided by the
County for the Municipality under this Contract shall be performed by the
County's "OCDC Personnel" or consultants as defined herein.
2.2.1 OCDC Personnel or consultants shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.2.2 The Parties agree that the County shall be solely and exclusively
responsible for furnishing all OCDC Personnel and consultants with all
job instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all OCDC Personnel in the
performance of any and all Services under this Contract.
Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and OCDC Personnel.
2.2.4 This Contract is neither intended. nor shall it be interpreted, to create.
change. grant, modify, supplement. supersede, alter, or otherwise affect or
control. in any manner, form, or at any time, any right, privilege, benefit,
or any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or OCDC Personnel with
the County, any applicable County employment and/or union contract.
and/tor any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment
relationship between the County and any County Agent or OCDC
1
4
Personnel and/or the conduct and actions of any County Agent or any
OCDC Personnel.
2.2.5 The Municipality acfrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
OCDC Personnel, while such person is currently and/or actively employed
or otherwise remains on the payroll of the County as a County Agent shall
be employed, utilized, or perform any other services, of any kind, directly
or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.2.6 Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any OCDC Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of
the Municipality and/or a Municipality Agent
2.2.7 The Municipality shall not otherwise provide, furnish or assign any OCDC
Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct
any OCDC Personnel in the performance of any OCDC Storm Water
Management Service duty or obligation under the terms of this Contract.
2.3 LB/TITS AND EXCLUSIONS ON COUNTY "SERVICES-. Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents or consultants shall be responsible for assisting or providing any other
"Services " or assistance to the Municipality or assume any additional
responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State or Federal laws or regulations,
including, but not limited to, providing any attorney or legal representation to the
Municipality or any Municipality Agent at any proceeding before an adjudicative
body or court.
2.3.1 The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations. andior civil liabilities
associated with or in any way related to any Municipality's obligations
under the General Storm Water Permit or any other Municipality legal
obligation under any applicable State or federal laws and/or regulations.
The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before
an adjudicative body or court.
5
ARTICLE III. TERM OF CONTRACT. The Parties agree that the term of this
Contract shall begin on the effective date of this Contract. This Contract, unless extended
by mutual written agreement, shall expire on May 30, 2001. Any and all OCDC Storm
Water Services otherwise provided to the Municipality prior to the effective date of this
Contract, shall be subject to the terms and conditions in this Contract.
ARTICLE IV. BUDGET AND PAYMENT SCHEDULE. The parties
acknowledge that this agreement is expected to be funded in part from federal grant
funding from the United States Environmental Protection Agency ("USEPA”). The
total budget for services under this Contract shall not exceed $14,158.00. The internal
distribution of USEPA grant funding by County shall not exceed $7,079.00 and
Municipality shall provide a minimum matching costs of $7,079.00.
4.1 In consideration of the premises set forth in this Contract, the Municipality
agrees to pay to the County the fees for storm water management services as
outlined in the scope of services attached as Exhibit "A" rendered during the
life of this Contract. Payment to be due and payable thirty (30) days of receipt
of invoice from the County. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional
fees to be paid by the Municipality.
4.2 All time incurred beyond the regular County working hours to be billed at the
applicable OCDC Personnel's overtime rate and charged to the Municipality
over and above any other fees described in this Contract.
4.3 The Municipality further agrees that if there is any amount due and owing to the
County under this Contract, which is still unpaid at the time the County
distributes funds to the Municipality from the Delinquent Tax Revolving Fund
(DTRF), the County shall be entitled to reduce, set-off, and permanently retain
any amount due to the municipality from Delinquent Tax Revolving Fund
(DTRF) by any such amount then still due and owing the County pursuant to
this Contract.
4.4 Municipality understands and agrees that the County has no funds other than the
USEPA grant funds to pay for services under this agreement. All costs other
than USEPA funds associated with these services under this agreement will be
the responsibility of the Municipality.
4.5 Municipality shall be responsible and pay for any cost for services authorized by
the Municipality, which exceed the total budget described herein.
ARTICLE V. NO TRANSFER OF MUNICIPALITY LEGAL
OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract,
6
the Municipality agrees that this Contract does not, and is not intended to, transfer,
delegate, or assign to the County, and/or any County Agent or OCDC Personnel any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State or Federal laws or regulations.
5.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to the fulfillment of the requirements of the General
Storm Water Permit or any other Municipality legal obligation under any
applicable State or federal laws and/or regulations. The Municipality agrees
that under no circumstances the County shall be responsible for any and all
costs, obligations, and/or civil liabilities associated. with its Municipality
function or any responsibility under any State or federal laws and/or regulations.
5.2 The Municipality shall not incur or create any debts, liens, liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts, liens, liabilities or obligations that the Municipality may incur shall not
become a debt, liability, obligation or Claim(s) against the County.
5.3 The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under
General Storm Water Permit. The Municipality and Municipality Agents shall be
and remain responsible for compliance with all federal, State, and local laws,
ordinances, regulations, and requirements in any manner affecting any work or
performance of this Contract or with any Municipality duty or obligation under
any applicable State or federal laws and/or regulations.
ARTICLE VI. NO DELEGATION OR DIMINUTION OF ANY
GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and
obligations related to the provision of any and all of each Party's respective
governmental 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 the Party to any other person or Party.
6.1 The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed.
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party. either for that Party and/or any of that Party's
County or Municipal Agents.
7
ARTICLE VII. LIABILITY. The Municipality further agrees that the County
shall not be liable to the Municipality for any and all Claim(s), except as otherwise
expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any other person or entity, or that the
County's efforts in the performance of any obligation under this Contract will
result in satisfying the Municpality's obligations and requirements under the
General Storm Water Permit, or obligations under State and Federal law and
regulations.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect, incidental, special or consequential damages, including, but not
limited to any replacement costs for County Services, any loss of income or
revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State and Federal law and regulations, or any
other economic benefit or harm that the Municipality may have realized, but for
any alleged breach, wrongful termination, default and/or cancellation of this
Contract, or damages beyond or in excess of the amount(s) of any amount paid,
received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach
or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision
and this Contract is intended by the Parties to allocate the risks between the
Parties, and the Parties agree that the allocation of each Party's efforts, costs, and
obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
7.3 Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes of
action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent or by any third person, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
8
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are imposed
on, incurred by, or asserted against either the Municipality and which are alleged
to have arisen under or are in any way based or predicated upon this Contract.
ARTICLE VIII. INDEMNIFICATION. The Municipality shall not be obligated
to pay any portion of any court ordered judgment or award to a third party for which a
court has determined that the County and/or any County Agent was solely negligent or at
fault. However, the Municipality agrees to, indemnify and hold the County and/or any
County Agent harmless from and against any and all Claim(s) which are imposed upon,
incurred by, or asserted against the County and/or any County Agent by any Municipality
Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or
intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the
Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality
or any Municipality Agent to comply with any Municipality duty or obligation in this
Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
ARTICLE LX. MUNICIPALITY AGENTS AND COOPERATION WITH
THE COUNTY. The Municipality agrees that it shall be solely and exclusively
responsible, during the term of this Contract, for guaranteeing that all Municipality
Agents fully cooperate with OCDC Personnel in the performance of all Services under
this Contract.
9.1 Municipality shall obtain and secure the right of access to all public and private
property necessary for OCDC personnel or consultants to perform the services
under this Contract. Municipality shall be responsible for all costs or claims
associated with securing rights of access to public or private property.
9.2 To the extent necessary in satisfying the conditions of this contract, the
Municipality shall employ and assign qualified Municipality Agents, as necessary
and appropriate to provide for any and all of Municipality's legal obligations
under the General Storm Water Permit ancllor applicable State and Federal laws
and regulations. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality
Agents and shall be solely responsible for the means and =ruler in which
Municipality's duties or obligations under General Storm Water Permit and/or
applicable State and Federal laws and regulations are satisfied.
9
9.3 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 or reimbursements of any kind, including, but not limited to, workers'
disability compensation benefits, unemployment compensation, Social Security
Act protection(s) 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 or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. 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 asserted against the
County or any County Agent by any Municipality Agent and/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 section.
9.4 The Municipality agrees that no Municipality Agent shall, by virtue of this
Contract or otherwise, be considered or claimed to be an employee of the County
and/or a County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of
a County Agent.
ARTICLE X. INDEPENDENT CONTRACTOR The Parties agree that at all
times and for all purposes under the terms of this Contract, the County's and/or any and
all County Agents' legal status and relationship to the Municipality shall be that of an
Independent Contractor. Except as expressly provided herein, each Party will be solely
responsible for the acts of its own employees, Agents. and servants during the term of
this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of
this Contract.
ARTICLE XI. COUNTY PRIORITIZATION OF COUNTY RESOURCES.
The Municipality acknowledges and agrees that this Contract does not, and is not
intended to, create either any absolute right in favor of the Municipality, or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
ARTICLE XII. CANCELLATION OR TERMINATION OF THIS
CONTRACT. Except as follows, and notwithstanding any other term or provision in
any other section of this Contract, either Party, upon a minimum of ninety (90) calendar
days written notice to the other Party, may cancel and/or completely terminate this
1 0
Contract for any reason, including convenience, without incurring any penalty, expense,
or liability to the other Party. The effective date for any such termination is to be clearly
stated in the notice.
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to
the County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either occurring
or having their basis in any events or transactions that occurred before the
cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
ARTICLE XIII. EFFECTIVE DATE, CONTRACT APPROVAL, AND
AMENDMENT. The Parties agree that this Contract, and/or any subsequent
amendments thereto, shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the Council for the
Village of Franklin. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings
of both the Oakland County Board of Commissioners and the Council for the Village of
Franklin and shall also be filed with the office of the Clerk of the County and the Clerk
for the Village of Franklin.
ARTICLE XIV. COMPLIANCE WITH "URBAN COOPERATION ACT OF
1967". Pursuant to section 10(4) of the Urban Cooperation Act of 1967, as amended.
being MCL 124.510(4), the Parties agree that this Contract, and/or any possible
subsequent amendments, shall be filed with the Michigan Secretary of State and this
Contract, and/or any possible subsequent amendments. shall not become effective prior to
this required filing with the Secretary of State.
ARTICLE XV. GOVERNING LAW. This Contract is made and entered into 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, in all cases. shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party. As used in this Contract, the singular
or plural number, possessive or non-possessive shall be deemed to include the other
whenever the contest so suggests or requires.
ARTICLE XVI. CAPTIONS. The section headings or titles and/or all section
numbers contained in this Contract are intended for the convenience of the reader and not
1 1
intended to have any substantive meaning and are not to be interpreted as part of this
Contract.
ARTICLE XVII. NOTICES. Except as otherwise expressly provided for herein,
any and all correspondence, invoices, and/or any other written notices required, permitted
or provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail. All such written notices, including any notice canceling or
terminating this Contract as provided for herein, shall be sent to the other Party's
signatory to this Contract, or that signatory's successor in office, at the addresses shown
in this Contract. All correspondence or 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.
ARTICLE XVIII. ENTIRE CONTRACT. This Contract sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all
prior agreements or understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
12
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
Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
Jr" IN WITNESS WHEREOF, _.:1;;;76. b1j-i5s4 , cle ..Vc//mA,ir-j 'Of
the Village of Franklin, hereby acknowledges thatshe has been authorized by a resolution
of the Council for the Village of Franklini_a certified copy of which is attached, to
execute this Contract on behalf -Or th—e-Ncimicipality and hereby accepts and binds the
Municipality to the terms and conditions of this Contract.
,
EXECUTED: kr,04-- DATE:
gais
11 "nr ; I-4,4v-
ig,:c16,1._
.9„,ixe,-, Clerk
Village of Franklin
DATE: 6"/ / WITNESSED:
IN WITNESS WHEREOF, George W. Kuhn, Oakland County Drain
Commissioner, 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 Contract on behalf of the Oakland County, and hereby accepts and binds the
Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
George W. Kuhn
Oakland County Drain Commissioner
DATE: WITNESSED:
G. William Caddell.
County of Oakland ClerlcRe2ister of Deeds
13
OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE
STORM WATER MANAGEMENT SERVICES
The Oakland County Drain Commissioner's Office offers illicit discharge elimination service on a
labor, material and equipment cost basis to local communities who choose to limit the costs and
manpower requirements for their storm water management requirements. The following is a task
summary and an associated budget for the services required to fulfill the general permit
requirements. The amount of services required will vary from community to community and with
the level of problems identified within a given community. The budget is designed to allow
communities to buy services on an as needed basis. This arrangement provides the community with
maximum flexibility. The following is a summary of the services currently offered and the costs
associated with the service.
OUTFALL INVENTORY - Preliminary Surveillance
Oakland County Drain Commissioner's Office Supplied Services - A logical way to proceed to
initiate an illicit discharge program is to provide an outfall inventory for the open waterway and
drainage courses within a given community. The community must first identify over which portions
of the overall drainage system they have jurisdiction. Once these have been identified the Oakland
County Drain Commissioner's Office staff will perform the following activities:
I). Walk the length of the drainage course and locate all outfalls.
2). Photograph each outfall.
3). Utilize a G-P-S to locate each outfall.
Provide a data sheet for each outfall which includes pipe size. information on the physical
condition, presence of foreiza substances eliminatina from the outfail and probable
owner/source.
The three person crew include two individuals who will walk the rivendraina2e course while the
third remains in radio contact and works in the upland area tying the community provided macs to
manholes. The interface of information between the crew working adjacent to the river and the
"upland" crew member substantially increases the efficiency of identification process. For example.
by hitting the last manhole cover with a hammer. the technician at the outfall can verify the
connection or' a Given outfall to a manhole identified by street location.
EXHIBIT "A" 1 -,s
Community Supplied Infomiation - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the inventory, the community will be provide with:
1). Ten copies of a map depicting the data collected.
2). A CD with a "Data view" tool for accessing all information collected. Note that because the
GPS manhole location are likely to be more precise than the current MIRIS maps, two sets
of the maps will be provided: one displaying the recorded locations and one with "massaged"
locations. -
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of river/drainage will require an estimate of approximately 8/hours of
a three person crew and 4 hours of data analysis/mapping.. Thus the estimated cost for one mile is
S1.950.00 which includes all transportation, equipment, expendables, overhead and supervision. A
written cost estimate with more detail will be provided. Additional maps can be provided at $25.00
per copy.
IN SYSTEM SURVEILLANCE
Oakland County Drain Commissioner's Office Surolied Services - Once an outfall into the river has
been identified as a potential illicit connection and has been identified as a priority, investigation
activities shall proceed starting at the outfall moving away from the river into the storm collection
system. Every manhole and catch basin connected to the main trunk will be identified using the best
available information from the community. A selection of these manholes and catch basins will first
be monitored during dry weather conditions to determine if a possible illicit connection exists within
the service connection watershed. Dry weather flow into a service connection is not the only
indicator of illicit connections. Other types of illicit connections occur during heavy rain events.
The investigation team will, therefore, look for ",gross solids" even in manholes, without flow.
The investigation of each service connection into the main trunk is based upon visual inspections
of the storm collection system. These visual inspections will involve documenting dry weather
discharge characteristics. In many cases infiltrating groundwater into the storm sewers will create
some discharge during all weather conditions. To help determine the source, some dry weather
discharge will be collected and screened for ammonia content. Any sion of "gross solids", foul
odors, or ammonia concentrations will trigger further facility inspections. As a result of these visual
inspect-ions, some facilities may be eliminated as potential illicit connection sources. However, all
facilities having suspicious dry weather discharge will be identified as a potential illicit discharger
for future consideration by the community.
EXHIBIT "A"
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also responsible for contacting the local police and notify them of the field activities.
Products - At the conclusion of the field activity the community will be provide with:
1). Ten copies of a map depicting, the data collected.
2). All information collected will be provided in a digital format for inclusion in local GIS
systems (if available).
3). Both the paper maps and the electronic information will identify outfalls with suspected illicit
connections.
Cost of Service - Each mile of collection system require approximately 12/hours of a two person
crew and 12 hours of data analysis/mapping. Thus the estimated cost for one mile is $ 2.750.00
which includes all transportation, equipment, expendables, overhead and supervision. A written cost
estimate with more detail will be provided. Additional maps can be provided at $25.00 per copy.
FACILITY INSPECTION PROCEDURES SERVED BY CITY SEWERS
Oakland County Drain Commissioner's Office Supplied Services - Upon determining that a facility
will be investigated, the Oakland County Department of Health will contact the facility in writing
requesting access to the facility. The letter will explain that the field investigation crew will need
access to internal plumbing fixtures and material storag.eiliandling areas. The following procedures
will be carried out to complete the facility inspection:
1.) At a minimum two field crew personnel \xi 1 I be present at each facility inspection.
Large facility inspections may require additional field personnel.
2.) Prior to facility entry, the field crew %yin review all local sewer maps to identify all
documented storm and sanitary lines on the property.
EXHIBIT "A" 3
„
3.) Upon arriving at the site, the facility manager will be interviewed in an effort to determine
the location of all storm lines and catch basins, sanitary lines and manholes, waste process
lines, and hazardous/ polluting material storage areas. If available, a copy of the facility
master site plan shall be obtained.
4.) The field crew will survey the entire site to determine the location of the best access points
(manholes and catch basins) to the storm, sanitary, and possibly process waste lines.
Discrepancies from the site plans, shall be noted. In addition, all plumbing fixtures,
manholes, catch basins, and process lines not previously noted on the plans shall be
illustrated on the plans.
5.) A review of ha71rdous/polluting materials handling procedures will be conducted. Suggested
improvements will be documented by the field crew in appropriate field log books. In
addition, adjacent areas will be examined for evidence of ground/surface water
contamination and/or improper storage/handling of waste materials.
6.) Dye Testing - The sanitary sewer line servicing facility shall be identified to locate the first
downstream manhole. This manhole will be utilized for tracing dye as it moves through the
sewer line. In addition, all storm lines leaving the property shall be followed to locate each
downstream manhole or catch basin for each storm line. The access points will also be
utilized to monitor for the presence of dye.
The field crew shall be trained in confined space entry procedures although no Oakland
County Drain Commissioner's Office worker shall enter the collection systems. The
manhole will be monitored for dangerous levels of gases utilizing appropriate gas meters.
If no gas is detected, the field crew can proceed with the dye test. If gas is detected in any
manhole, the field crew will move to the next downstream manhole. If a manhole can not
be located without dangerous levels of gas, the test will be abandoned until appropriate
equiprrient can be brought in to evacuate the sewer line of dangerous gas.
The dye test begins by a crew member releasing dye into each individual plumbing fixture.
The water shall be turned on if possible to facilitate the movement of the dye through the
system and to the observation manhole for both the storm and sanitary lines. Different
colored dyes may be used for multiple tests. Colors should be alternated to avoid confusion
between tests.
Two-way radios shall be utilized thereby allowing the crew member releasing the dye to alert
crew members observing each downstream manhole or catch basin what color dye(s) was
released and the time of the release. The crew member observing each manhole or catch
basin will never, under any circumstance. enter the manhole or catch basin to check for dye.
A black light anclior high powered flashlight shall be used by each observing crew member
to assist in identiting dye. Once dye has been identified. the crew member releasing the dye
shall be notified.
EXHIBIT "A" 4
The crew member observing the dye shall document the time the dye arrived and calculate
the travel time. Appropriate field forms shall be completed by the field crew. In the event
dye is only detected in sanitary sewers, the test will be complete. In the event dye is detected
in the storm sewer, an illicit connection has been documented. The community will be
provided the opportunity to react to the discovery or appropriate action may be taken by the
Oakland County Drain Commissioner's Office which may include contacting the
enforcement agency.
If dye is not detected in either the sanitary or storm sewers, it is likely that the sanitary system
is discharging into an on-site system, e.g.. septic system, holding tank, dry wells, or an
undocumented sanitary line exists. In these cases, the facility manager will be contacted and
additional investigation will be warranted.
7.) Once the tests are complete, the field crew must assure that all manholes and catch basins
are properly closed and all equipment used in the tests are removed from the site.
8.) Photographs should be taken throughout the tests and inspections to document the condition
of the site.
Community Supplied Information - The community must provide the best available drainage maps
to the Oakland County Drain Commissioner's Office staff prior to any field work. The community
is also be given the opportunity to contact the facility prior to any field activities.
Products - At the conclusion of the field activity the community will be provide with:
I). Five copies of the site plan depicting the data coilec.xed.
2). A recommended disposition of the suspected illicit connections.
Cost of Service - Approximately eight facilities can be inspected each week by a two-person cre ,.v
and four hours of data analysis;mapping. Thus the estimated cost for a given facilirv is S660.00
which includes all transportation, equipment. z...xpenclabies. overhe2.d and supervision. A written cos:
estimate with more detail \ill be provided.
D: S.-\NZIC.-V.STORNINIGP.ILLDES:,VPD
EXHIBIT "A" 5