HomeMy WebLinkAboutResolutions - 2001.06.14 - 26437June 14, 2001
MISCELLANEOUS RESOLUTION #01163
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, the City of Rochester Hills, ("Municipality") has requested the
Oakland County Drain Commissioner for assistance in performing illicit discharge
elimination services; and,
WHEREAS, the Drain Commissioner is prepared to provide illicit discharge
elimination services on a cost reimbursement basis to the City of Rochester
Hills; and,
WHEREAS, the Municipality, by resolution, has agreed in return to
reimburse the County as provided for in the attached copies of interlocal
agreement; 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 Municipality by providing the
requested services under the terms and conditions of the interlocal agreement;
and,
that absent an agreement
these services to or for
WHEREAS, the municipality recognizes and agrees
such as this, the County has no obligation to provide
the Municipalities; and
WHEREAS, the attached interlocal agreement was
Corporation Counsel;
reviewed and approved by
NOW THEREFORE BE IT RESOLVED, the Oakland County Board of Commissioners
authorized the Drain Commissioner to execute the attached Interlocal Agreement
with City of Rochester Hills,
BE IT FURTHER RESOLVED, that the Drain Commissioner is authorized to
provide illicit discharge elimination services in accordance with the Interlocal
Agreements.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Dingeldey and Gregory absent
OAKLAND COUNTY DRAIN COMMISSIONER'S
CONTRACT FOR STORM WATER MANAGEMENT
SERVICES WITH THE CITY OF ROCHESTER 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 ROCHESTER HILLS, a
Michigan Constitutional and Municipal Corporation whose address is 1000 Rochester
Hills Drive, Rochester Hills, Michigan 48309-3033 (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 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 illicit
discharge elimination services on a labor, material and equipment cost basis 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 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.
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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 to the 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,
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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 services 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 Municipality's obligations under
any applicable State or federal laws and/or regulations. The Municipality
shall employ and retain its own Municipality legal representation, as
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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 December 31, 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 total budget for
services under this Contract shall not exceed $60,000.00.
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 Should the MUNICIPALITY fail for any reason to pay to the County at the times
and in the amounts specified and required herein, the MUNICIPALITY hereby
expressly authorizes the State Treasurer, or such other State official charged with
the disbursement of State funds returnable to the MUNICIPALITY pursuant to
Michigan law, to withhold sufficient funds to make up or offset any such default
or deficiency by the MUNICIPALITY. Further, except as expressly prohibited by
law, the MUNICIPALITY agrees and consents that upon notice from the County
Treasurer, the State Treasurer, or such other State official in possession of such
funds, that are but for this provision otherwise payable to the MUNICIPALITY, is
hereby authorized to pay any such amounts in the State of Michigan's possession
directly to the County. The MUNICIPALITY agrees that it shall hold the State
harmless in and for any such amounts paid to the County by the State and any
such payments by the State are hereby agreed by the MUNICIPALITY to be
made without recourse against the State. 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"), or any
other source of funds in the possession of the County Treasurer otherwise payable
by the County to the MUNICIPALITY, the County Treasurer shall be entitled to
reduce, set-off, and permanently retain any amount otherwise due to the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other
source of funds by any such amount then due and owing the County pursuant to
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this Contract. The above provisions shall not operate to limit in any way the
County's right to pursue any other legal remedies against the MUNICIPALITY
for the reimbursement of any monetary default herein by the MUNICIPALITY
including, but not limited to, the County Board Of Commissioners order to the
MUNICIPALITY and its officers to levy upon its next tax roll an amount
sufficient to reimburse the County any amount due and owing herein, on or before
the date when its taxes become delinquent; and the MUNICIPALITY and its tax
levying and collecting officials shall levy and collect those taxes and reimburse
the County.
4.4 Municipality understands and agrees that the County has no to pay for services
under this agreement. All costs associated with the 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 any other Municipality's legal
obligations 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 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.
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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 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 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.
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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
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
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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 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
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
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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 Council for the
City of Rochester 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
Rochester Hills and shall also be filed with the office of the Clerk of the County and the
Clerk for the City of Rochester 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
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,
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.
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.
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•
• •
IN WITNESS WHEREOF, of
the City of Rochester Hills, hereby acknowledges that he has been authorized by a
resolution of the Council for the City of Rochester 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: DATE:
WITNESSED: DATE:
, Clerk
City of Rochester Hills
IN WITNESS WHEREOF, John P. McCulloch, 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:
John P. McCulloch
Oakland County Drain Commissioner
WITNESSED:
G. William Caddell,
County of Oakland Clerk/Register of Deeds
DATE:
12
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
.11
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 MIRE 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
1
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
1
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\Illicit Connection Services.wpd
EXHIBIT "A" 5
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City of Rochester Hills
IDEP Base Map
3000 0 3000 Feet
CVT Limits
OCDC Drains
.Streams/Rivers
Lakes/Ponds
Roads
Major Watersheds
Clinton
Rouge
• ,
Resolution #01163 June 14, 2001
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Law, Melton, Moss, Obrecht,
Webster, Amos, Appel, Brian, Buckley,
Galloway, Garfield, Gregory. (20)
NAYS: None. (0)
Palmer, Patterson, Sever, Suarez, Taub,
Causey-Mitchell, Crawford, Dingeldey,
A sufficient majority having voted therefor, the resolution was adopted.
ROVE 'I H °SEWING RESOLUTION
7, county EXOCAJUVO Data
n11n1•0111•101••nnnn••1
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 June 14, 2001 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 14, day 91 June, 2001.
G7 William Caddell, County Clerk