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HomeMy WebLinkAboutResolutions - 2002.06.13 - 26840ING & BUILDING COMMITTEE June 13, 2002 MISCELLANEOUS RESOLUTION # 02151 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON RE: SOLID WASTE MANAGEMENT - ACCEPTANCE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY POLLUTION PREVENTION GRANT-REAP2 PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Waste Resource Management Division (OCWRMD) has identified the growing volume and the inherent toxicity in waste electrical and electronic equipment (e- waste) as a challenge to the viability of both our waste handling capacity and the economic viability of our resident businesses who are world-wide leaders in technology; and WHEREAS, the OCWRMD has identified the development of a recycling infrastructure and a mechanism for assisting in evolving technology businesses and equipment to be more environmentally friendly to be of vital importance, and made a partnership with Automation Alley to achieve this goal; and WHEREAS, in the fall of 2000 the Oakland County Waste Resource Management Division made application to the Environmental Assistance Division of the Michigan Department of Environmental Quality for $100,000 to conduct a pollution prevention project targeting the toxins contained in waste electrical and electronic equipment called Recycling Electronics and Pollution Prevention (REAP2; and WI-IEREAS, in the winter of 2001 the Oakland County Waste Resource Management Division began implementing aspects the of REAP2 project utilizing general fund monies earmarked for this activity which were intended to serve both as match monies for any award as well as funding for non-eligible project activities; and WHEREAS, in the spring of 2001 the Oakland County Waste Resource Management Division was notified of its selection as a grantee of $80,000 and began negotiations with the Environmental Assistance Division of the Michigan Department of Environmental Quality to clarify work plan, budget, eligible grant activities, and the like, finally concluding the negotiations acceptably in May of 2002; and WHEREAS, the terms of the project agreement call for the use of recycled content products when available; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the Environmental Assistance Division of the Michigan Department of Environmental Quality grant award for $80,000 to conduct a pollution prevention project targeting the toxins contained in waste electrical and electronic equipment called Recycling Electronics and Pollution Prevention (REAP2; and BE IT FURTHER RESOLVED that the Chairman of the Oakland County Board of Commissioners execute the attached agreement, subject to corporation counsel's final approval of contract. Chairperson, on behalf of the Planning and Building Committe, I move the adoption of the foregoing resolution. Planning & Building Committee vote: Motion carried on a unanimous roll call vote MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL ASSISTANCE DIVISION MICHIGAN REGIONAL POLLUTION PREVENTION PROGRAM OAKLAND COUNTY DIVISION OF SOLID WASTE MANAGEMENT RECYCLING ELECTRONICS AND POLLUTION PREVENTION (REAP2) Project funded by the Clean Michigan Initiative, PA 52 of 2000 • TABLE OF CONTENTS I. Statement of Purpose 2 II. Project Scope 2 III. Agreement Period 2 IV. Grantee Responsibilities 2 V. Agreement Amendments 3 VI. Assignability 4 VII. Su bag reements 4 VIII. Covenant against Contingent Fees 4 IX. Non-discrimination 4 X. Unfair Labor Practices 4 XI. Patents, Copyrights, and Rights in Data 5 XII. Liability 5 XIII. Gratuities 5 XIV. Conflict of Interest 6 XV. Audit and Access to Records 6 XVI. Insurance 6 XVII. Fees and Other Sources of Funding 6 XVIII. Disclosure of Information 6 XIX. Quality Assurance/Quality Control 6 )(X. Cancellation 7 XXI. Compensation Clause 7 )0(11. Closeout 8 )0(111. Agreement Notices 9 )0(IV. Authorized Signatures 10 • Appendix A — Workplan, Timetable, and Budget GRANT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY DIVISION OF SOLID WASTE MANAGEMENT EFFECTIVE FOR THE PERIOD (START DATE) THROUGH (END DATE) This GRANT AGREEMENT is made between the Department of Environmental Quality (DEQ), Environmental Assistance Division (EAD), (hereafter "State") and Oakland County Division of Solid Waste Management (hereafter "Grantee"). I. STATEMENT OF PURPOSE The purpose of this Agreement is to provide funding for Recycling Electronics and Pollution Prevention (REAP2). The State is authorized to provide grant assistance, pursuant to Part 145, Waste Reduction Assistance, of the Natural Resources and Environmental Protection Act (NREPA), PA 451 of 1994. Legislative appropriation of Clean Michigan Initiative funds for grant assistance is set forth in PA 52 of 2000. This Project is subject to the terms and conditions specified in this Agreement. II. PROJECT SCOPE This Agreement and its appendices constitute the entire Agreement between the parties and may be modified only in writing and executed by the parties. The scope of this project is limited to the activities specified in Appendix A, including the project description, timetable, work plan, and budget, and such activities as are authorized by the State under this Agreement. Any change in Appendix A requires prior written approval in accordance with the terms and conditions in this Agreement. By acceptance of this Agreement, the Grantee commits to complete the project identified in Appendix A within the time period shown above. III. AGREEMENT PERIOD This Agreement shall take effect on the date shown above. The Grantee shall complete the project specified in Appendix A in accordance with all the terms and conditions specified in this Agreement no later than the ending date shown above. The State shall have no responsibility to provide financial assistance to the Grantee for project work performed outside of the time period shown above. IV. GRANTEE RESPONSIBILITIES (A) The Grantee understands that it is a crime to knowingly and willfully file false information with the State for the purpose of obtaining this Agreement or any payment pursuant to, and that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution. If the Grantee knowingly and willfully presents false information to the State for the purpose of obtaining this Agreement or any payment under this Agreement, the State may cancel this Agreement with no further liability whatsoever to the Grantee, and the Grantee, upon demand by the State, shall reimburse the State for all money received under this Agreement. (B) The grantee agrees to abide by all local, state, and federal laws and regulations in the performance of this grant. 2 (C) All local, state, and federal permits, if required, are the responsibility of the Grantee and issuance is not automatic. Award of this grant is not a guarantee of permit approval by the DEQ. (ID) The Grantee shall secure all personnel necessary to complete the project. All personnel shall be under the direct supervision of the Grantee. The Grantee shall make all payments required by law for workers' compensation insurance, social security, income tax, unemployment compensation, and all other taxes or payroll deductions as required by law. (E) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee's receipt of this grant. (F) The Grantee shall purchase and use recycled materials and products to the maximum extent possible in performing the project. The State shall provide information and assistance to the Grantee regarding the use of recycled products in the project. (G) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Grantee under this Agreement. The Grantee shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her designs, drawings, specifications, reports, and other services. (H) The Grantee shall perform the professional services necessary to accomplish the work required under this Agreement, in accordance with this Agreement and applicable State requirements in effect on the date of execution of the Agreement for this project. (I) The State's approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of his/her work. The State's review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. (J) The Grantee's obligations under this clause are in addition to the Grantee's other express or implied warranties under this Agreement or State law, and in no way diminish any other rights that the State may have against the Grantee for faulty materials, equipment, or work. (K) The Grantee shall request any change to Appendix A in writing and receive written approval from the State prior to implementation. V. AGREEMENT AMENDMENTS The Grantee shall not make any changes to this Agreement without the prior written authorization of the State. A request to amend this Agreement shall be submitted by the Grantee in writing. An amendment does not become effective unless approved by the State. The State has 30 days to respond to a request for an amendment. The State may, at any time, by written order, make changes within the general scope of this Agreement in the services or work to be performed. If such changes cause an increase or decrease in the Grantee's cost or time required to perform any services under this Agreement, an equitable adjustment shall be made and this Agreement shall be modified in writing. The Grantee must assert any claim for adjustment under this clause in writing within 30 days from the date of receipt by the Grantee of the notification of changes unless the State grants additional time before the date of final payment. No services for which an additional compensation will be charged by the Grantee shall be furnished without the written authorization of the State. 3 VI. ASSIGNABILITY The Grantee shall not have the right to assign this Agreement or to assign or delegate any of its duties or obligations under this Agreement to any other party without the prior written consent of the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subgrantee. The Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the State; provided, however, that claims for money due or to become due to the Grantee from the State under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the State. VII. SUBAGREEMENTS The Grantee will be required to assume responsibility for all contractual activities offered in this proposal whether or not the Grantee performs them. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Agreement, and shall be professionally qualified to perform the duties required. Grantees are responsible for the content and work done by their subcontractors. All subcontractors must meet the same criteria as the DEQ project contract. The DEQ reserves the right to approve all subcontractors, review the qualifications of key personnel assigned by the grantee to the project, and to ensure that this condition of the project grant agreement is met. The DEQ also reserves the right to review and approve drafts of the sub-contracts before they are finalized and signed by the grantee. VIII. COVENANT AGAINST CONTINGENT FEES The Grantee warrants that no person or subcontractor has been employed or retained to solicit or secure this Agreement based upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, with the exception of bona fide employees. For breach or violation of this warranty, the State shall have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. IX. NON-DISCRIMINATION The Grantee shall not discriminate against an employee or applicant for employment with respect to their hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position. The Grantee further agrees that any sub-agreement shall contain a nondiscrimination provision identical to this provision and binding upon any and all subcontractors. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq, and the Persons with Disabilities Civil Rights Act, 1976 Public Act 220, as amended, MCL 37.1101, et seq, and any breach thereof may be regarded as a material breach of the contract or purchase order. X. UNFAIR LABOR PRACTICES Pursuant to 1980 Public Act 278, as amended, MCL 423.231, et seq, the State shall not award a contract or subcontract to an employer whose name appears in the current register of 4 employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. A grantee of the State, in relation to this agreement, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to Section 4 of 1980 Public Act 278, MCL 423.324, the State may void any contract if, subsequent to award of the contract, the name of the grantee as an employer, or the name of the subcontractor, manufacturer, or supplier of the grantee appears in this register. Xl. PATENTS, COPYRIGHTS, AND RIGHTS IN DATA If this Agreement involves research, development, experimental, or demonstration work, and any discovery or invention arises or is developed in the course of or under this Agreement, the State shall retain sole authority to patent or license. The Grantee agrees that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted, or which are specified to be delivered under this Agreement, or which are developed or produced and paid for under this Agreement are subject to the rights of the State. The DEQ shall retain an irrevocable license to reproduce, publish, and use in whole or in part, and to authorize others to do so. Any presentation, educational or promotional materials, training materials, or publications such as brochures, fact sheets, posters, information articles, audio visual materials, or research papers developed by the Grantee as part of this Agreement shall include the following statement: "Funding for this project was made available through a grant from the Michigan Department of Environmental Quality." This clause shall be included in all subcontracts. XII. LIABILITY (A) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Grantee under this Agreement shall be the responsibility of the Grantee and not the responsibility of the State if the liability, loss, or damage is caused by, or arises out of the actions or failure to act on the part of the Grantee, any subcontractor, or anyone directly or indirectly employed by the Grantee, provided that nothing herein shall be construed as a waiver of any governmental immunity the Grantee has as provided by statute or modified by court decisions. (B) All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the State under this contract shall be the responsibility of the State and not the responsibility of the Grantee if the liability, loss, or damage is caused by, or arises out of the action or failure to act on the part of any State employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity the State, its agencies, or employees has as provided by statute or modified by court decisions. XIII. GRATUITIES (A) If the State finds, after a notice and hearing, that the Grantee, or any of the Grantee's agents or representatives offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the State in an attempt to secure a sub-agreement or favorable treatment in awarding, amending, or making any determinations related to the performance of this Agreement, the State may, by written notice to the Grantee, terminate this Agreement. The State may also pursue other rights and remedies that the law or this Agreement provides. 5 (B) In the event this Agreement is terminated as provided in this paragraph, the State may pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Agreement by the Grantee. The State may also pursue as a penalty, in addition to any other damages to which it may be entitled by law, exemplary damages in an amount (as determined by the State) which shall be not less than three, nor more than ten times the cost the Grantee incurs in providing any such gratuities to any such officer or employee. XIV. CONFLICT OF INTEREST No member of the legislature, judicial, or executive branch of State government, or any local unit of government official shall benefit from this Agreement. No member of, or delegate to Congress, or resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom. XV. AUDIT AND ACCESS TO RECORDS The Grantee will be required to maintain all pertinent financial and accounting records, and evidence pertaining to the grant in accordance with generally accepted principles of accounting and other procedures specified by the State. The State or any of its duly authorized representatives shall have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access and inspection. All records shall be maintained for a minimum of five years after Agreement termination or completion. XVI. INSURANCE (A) The Grantee shall maintain such insurance as will protect them from claims which may arise out of, or result from the Grantee's operations under this Agreement, whether such operations be by themselves, by any Subcontractor, or by anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. The Grantee may be self-insured. (B) The Grantee agrees to comply with the insurance and workers' compensation laws of the State of Michigan while engaging in all activities authorized under this Agreement. XVII. FEES AND OTHER SOURCES OF FUNDING The Grantee shall not seek nor obtain funding through fees or charges to any client receiving services for which the State reimburses the Grantee under this Agreement. The Grantee guarantees that any claims made to the State under this Agreement shall not be financed by any source other than the State under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or to immediately refund to the State the total amount representing such duplication of funding. XVIII. DISCLOSURE OF INFORMATION The Grantee agrees that his/her reports, project products, and conclusions are for the confidential information of the State and that he/she will not disclose these conclusions, in whole or in part, to any unauthorized person without the prior written consent of the State's representative. XIX. QUALITY ASSURANCE/QUALITY CONTROL No costs for monitoring and analysis can be incurred by any entity other than the State until a Quality Assurance Project Plan (QAPP) is approved by the State, in accordance with the Quality Assurance Document developed by the DEQ and any other applicable QAPP. If the QAPP element is approved, costs for monitoring and/or laboratory analysis shall be reimbursable. 6 XX. CANCELLATION (A) This Agreement may be canceled by either party, upon 30 days written notice to the other party, for the following reasons: (1) Failure of the other party to fulfill its obligations under this Agreement; or (2) Violation of any material term or condition of this Agreement. (B) In addition to the reasons specified above, the State may also cancel this Agreement for any of the following reasons upon 30 days written notice to the Grantee: (1) Grantee provides false information to the State; (2) Executive Order or other budgetary reduction; or (3) Lack of funding. (C) The State may immediately cancel this Agreement without further liability if the Grantee, or any agent of the Grantee, or any agent of any sub-agreement is: (1) convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; (2) convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; (3) convicted under State or federal antitrust statutes; or (4) convicted of any other criminal offense which, in the sole discretion of the State, reflects on the Grantee's business integrity. )0(1. COMPENSATION CLAUSE (A) In accordance with the grant budget in Appendix A, the State shall pay the Grantee a total amount not to exceed $80,000. The amount of match committed by the Grantee is $27,000, for a total project cost of $107,000. (B) The Grant will be administered on a cost reimbursable basis, for tasks included in the work plan, Appendix A. The Grantee must meet or exceed the match amount committed in order to receive the full amount of the grant award. (C) Expenditures made by the Grantee for this project after (fill in date) and through (fill in date) are eligible for reimbursement under this Agreement. Expenditures made by the Grantee outside of this time period are not eligible for reimbursement under this Agreement. (D) Quarterly Status Reports shall be submitted by the Grantee consistent with State fiscal year quarters. State fiscal years cover the period of October 1 to September 30. Quarters end December 31, March 31, June 30, and September 30. Reports are due 30 days after the quarter's end. Quarterly Status Reports may only be submitted more frequently if agreed to in advance by the State. (E) The Grantee shall be responsible for the payment of all costs and expenses incurred in the completion of the project. In order to receive reimbursement for the State share of eligible project expenditures, the Grantee must submit required reports and supporting documentation of eligible project expenditures paid, as specified by the State. All expenditures must be incurred during the time period allowed for project completion as specified in this Agreement. All of the following shall be submitted by the Grantee, as part of the Status Report: (1) A letter to the State's Grant Administrator requesting reimbursement for expenditures incurred during that reporting period. 7 (2) A narrative status report which identifies work accomplished during the reporting period by task; work to be accomplished during the subsequent reporting period; problems, real or anticipated which should be brought to the attention of the Grant Administrator; and a description of any significant deviation from the agreed-upon work plan, Appendix A. A financial status report submitted on a form provided by the State. This report must clearly identify the total reimbursement requested for the billing period and equal the amount indicated on the reimbursement request letter. All expenses included in the financial status report must be for items used only for the project funded by this Agreement. (4) Supporting documentation of eligible project expenditures incurred during the Payment Request and Report period. Must be submitted 30 days after each calendar quarter. If the Grantee is unable to submit a payment request for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted by October 31, in order that•the State may establish fiscal year-end accruals. (6) Five copies of any products produced during the reporting period, including newsletters and other related informational/educational materials. Any additional information required by the State. (F) The Grantee must submit two copies of the completed Project Status Report and Financial Status Report, and supporting documents to Ms. Marcia Horan, Chief, Pollution Prevention Section, P.O. Box 30457, Lansing, Michigan, 48909-7957. The Grantee will also submit one copy of the completed Project Status Report and Financial Status Report, and supporting documents to the Grant Administrator, Ms. Carol Panagiotides, Southeast Michigan District Office, DEQ-EAD, 38980 7 Mile Road, Livonia, Michigan, 48152-1006. (G) During the life of the agreement, the State will make payment within 30 days of receipt of properly completed and accurate forms. (H) An amount equal to 10 percent of the total grant award, $8,000, shall be withheld by the State until the final project documents are received and approved. The State will make final payment within 60 days of determination of project completion. As a condition of final payment, the Grantee shall deliver to the State a release of all claims against the State arising under this Agreement. Unless otherwise provided for in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the State's claims against the Grantee. Release of final payment will not be made unless the match amount committed in this Agreement and identified above is met. Final project documents shall include all products identified in the work plan, as well as a final project report, which meets the guidelines established by the State. Total expenditures are subject to audit and repayment of any overpayment of the State share if an audit determines that total project costs were not incurred as billed. XXII. CLOSEOUT (A) A determination of project completion shall be made by the State through the following: (1) A financial audit and project review of this Agreement and all payment requests, financial reports, supporting documentation, and narrative progress reports submitted by the Grantee. (2) A site inspection, if applicable. (3) (5) (7) 8 (B) The Grantee shall provide the State, within 30 days of the ending date, all outstanding financial, performance, and other reports available and required as a condition of the Agreement. (C) The Grantee shall immediately refund to the State any payments or funds advanced to the Grantee in excess of allowable reimbursable billings. (D) The Grantee shall provide the State with five copies of the final report and acknowledge in the report that the project was made possible with funding from the DEQ-EAD. (E) If the Project Equipment, Supplies, and Materials (line item 4 in the project budget) exceeds $10,000, the grantee must provide the State an annual project report on the status of this grant for a period of three years after the end of this Agreement. )0(111. AGREEMENT NOTICES All notices shall be sent to the following addresses: (1) Grantee Project Manager: Mr. Martin Seaman, Manager Solid Waste Management Division Oakland County Division of Solid Waste Management Public Works Building One Public Works Drive - #95 West County Services Center Waterford, Michigan 48328 248-858-2113 248-858-1066 (fax) seamanm@co.oakland.mi.us (2) State Grant Manager: Ms. Carol Panagiotides, Grant Administrator Michigan Regional Pollution Prevention Program Southeast Michigan District Office Department of Environmental Quality Environmental Assistance Division 38980 7 Mile Road Livonia, Michigan 481 52-1 006 734-953-1420 734-432-1278 (fax) panagioc@michigan.gov It is the responsibility of each party to inform the other party of a change in address or representative. 9 )0(1V. AUTHORIZED SIGNATURES The individuals signing below certify by their signatures that they are authorized to sign this grant Agreement on behalf of their agencies, and that the parties will fulfill the terms of this Agreement, including attached exhibits. FOR THE STATE: FOR THE GRANTEE: Authorized Signature Authorized Signature Russell J. Harding Name Name Director Title Title Date Date Federal Employer ID Number County State Legislative District(s) Remittance Address: 10 Appendix A Workplan Timetable Budget May—June 2002 Task: 1, Waste Characterization/Handling Methodology Quarter 1 Activity Personnel subcontractors % of Time 7.5 Task: 2 Pilot Collection subcontractors, partners 6 Task: 3 P2 Best Practices Task Forces subcontractors, partners 5 Appendix A- Task Implementation Timetable by Quarter by Task Oakland County-Recycling Electronics and Pollution Prevention-REAP2 Collect and analyze information then prepare a report, documenting the amount, characteristics, and management of WEEE in municipal and business waste streams; include review and analysis of current practices, processes, and organizations involved with WEEE recycling. This task includes a literature search and survey of best practices in the state of Michigan. This task will be completed under the supervision of Oakland County's project manager during and in conjunction with the round one pilot collection and throughout the entire project. At the completion of quarter one, Oakland County will submit a written project status report and written financial status report to the MDEQ by the prescribed deadline as described in the boilerplate. Measurement of waste reduction, using the numerous data collection methods, will be provided in these reports, throughout the entire project. Oakland County in conjunction with its partners and successful subcontractors will develop a regional consortium of WEEE collectors. We will notify municipalities about the project and invite their participation through an application. We will select and contract with communities to collect and recycle consumer WEEE material, collect data on the amount, characteristics and management of WEEE within the municipal waste stream and the portion that which is accessible through collection events, determine the cost of collection, transportation, processing and recycling and evaluate the advantages and disadvantages of different collection and processing options. Up to five communities around the state will be selected by the end of the second quarter. Minimal information to be collected during this part of the task include: number of households participating, number of businesses participating, names and addresses of businesses participating. Additionally, Oakland County will report on how this pilot was used to supplement existing publicly funded electronic/electrical equipment collections. Oakland County will work with the subcontractors and partners to establish two on-going task forces; one representing the business sector and the other representing municipal generators of WEEE to formulate and disseminate best management practices for WEEE and facilitate pollution prevention initiatives. Washtenaw County will be included in all Task Force activities and correspondence to ensure integration of mutual program findings and to avoid duplication of efforts throughout the grant period. Oakland County will accomplish this by organizing and conducting meetings of the Community and Business P2 Best Practices Task Forces, involving our Task: 2 Pilot Collection subcontractors 15 partners, pilot communities, Automation Alley businesses and other interested parties. The purpose of the initial meetings is to establish rosters, meeting and communication schedules, protocols and agendas regarding the task forces' mission. Members of the task forces will form the cooperative base for the implementation of WEEE recycling pilot collections, process needs assessment, testing of advanced de-manufacturing techniques, and the development and dissemination of pollution prevention techniques and practices. The subcontractors will gather and establish a database of services and service providers existing and desired, programs and contacts from different regions and industries, and will maintain and modify this information throughout the project for the task forces' review, analysis, and potential implementation. Quarter 2 July — September 2002 Activity Personnel % of Time Task: 1, Waste Characterization/Handling Methodology subcontractors 7.5 This task will reflect pilot experiences, task force results, and changes in the WEEE industry with the original report updated quarterly to document the findings based on project results. Tasks not designated above but not completed during 1 st quarter will be completed in 2nd quarter. At the completion of quarter two, Oakland County will submit a written project status report and written financial status report to the MDEQ by the prescribed deadline as described in the boilerplate. The subcontractor, with direction from Oakland County will assist participating communities in planning and conducting collections using best management practices learned from the first pilot collection. This pilot collection will detail WEEE and test handling techniques, processing and pollution prevention techniques. A pilot curbside collection will be conducted as part of these activities in January. This pilot will assist in determining the feasibility of curbside collections of WEEE. A collection event will be held in conjunction with the MRC's annual conference. We will select and contract with communities to collect and recycle consumer WEEE material, collect data on the amount, characteristics and management of WEEE within the municipal waste stream and the portion that which s accessible through collection events, determine the cost of collection, transportation, processing and recycling and evaluate the advantages and disadvantages of different collection and processing options. Minimal information to be collected during this part of the task include: number of households participating, number of businesses participating, names and addresses of businesses participating. Additionally, Oakland County will report on how this pilot was used to supplement existing publicly funded electronic/electrical equipment collections. Task: 3 P2 Best Practices Task Forces subcontractors 17.5 % of Time 2.5 Task: 2 Pilot Collection subcontractors 5 The Business and Community P2 Best Practices Task Forces will continue to meet monthly. The Community Task Force will share information and lessons learned while establishing collection programs, and looking for opportunities to share or pool resources and equipment and jointly purchase processing services. The Business Task Force will seek continuous improvement through educational meetings, where key speakers from member companies and outside experts will address the issues of source reduction, lifecycle analysis, pollution prevention and design for the environment as they relate to EEE. Reports will be compiled for each meeting. The Task Forces will conduct one joint meeting in September to discuss the application of current project results to municipal collection policies and procedures and the production environments of Automation Alley, and to establish criteria for preferred processing services. The meeting will result in recommendations regarding the completion of the project. Quarter 3 Activity October — December 2002 Personnel Task: 1, Waste Characterization/Handling Methodology subcontractors Pilot experiences, task force results, and changes in the WEEE industry will be monitored with the original report updated quarterly to reflect these findings. Data and report formats will be provided to reflect information in usable fashion, and modified based on project results. At the completion of quarter three, Oakland County will submit a written project status report and written financial status report to the MDEQ by the prescribed deadline as described in the boilerplate. The subcontractor, with direction from Oakland County will assist and help pilot communities plan for and conduct unique collections designed to collect WEEE and test handling, processing and pollution prevention techniques. We will select and contract with communities to collect and recycle consumer WEEE material, collect data on the amount, characteristics and management of WEEE within the municipal waste stream and the portion that which s accessible through collection events, determine the cost of collection, transportation, processing and recycling and evaluate the advantages and disadvantages of different collection and processing options. Minimal information to be collected during this part of the task include: number of households participating, number of businesses participating, names and addresses of businesses participating. Additionally, Oakland County will - report on how this pilot was used to supplement existing publicly funded electronic/electrical equipment collections. Task: 3 P2 Best Practices Task Forces subcontractor 15 Task: 1, Waste Characterization/Handling Methodology subcontractors 6.5 Task: 2 Pilot Collection subcontractors 2 The Business and Community P2 Best Practices Task Forces will continue to meet monthly. The Community Task Force will share information and lessons learned while establishing collection programs, and look for opportunities to share or pool resources and equipment and jointly purchase processing services. The Business Task Force will seek continuous improvement through educational meetings, where key speakers from member companies and outside experts will address the issues of source reduction, lifecycle analysis, pollution prevention and design for the environment as they relate to EEE. The Task Forces will conduct one joint meeting in April to discuss the application of current project results to municipal policies and procedures and the production environments of Automation Alley, and to establish criteria for preferred processing services. This task will produce a report detailing the lessons learned while establishing and operating collection programs. This report will include a technical update of the baseline report and a preliminary implementation manual. This report will be shared with communities and businesses throughout the state, with a training program offered in conjunction with the annual recycling conference in May. Quarter 4 January — March 2003 Activity Personnel % of Time Pilot experiences, task force results, and changes in the WEEE industry will be monitored with the original report updated quarterly to memorialize these findings. Additionally, sections regarding recommendations and findings will be added, and simplified/executive summary of the report produced for broad dissemination. At the completion of quarter four, Oakland County will submit a written project status report and written financial status report to the MDEQ by the prescribed deadline as described in the boilerplate. The subcontractor with direction from Oakland County will assist and help pilot communities plan for and conduct unique collections designed to capture WEEE and test handling, processing and pollution prevention techniques. We will select and contract with communities to collect and recycle consumer WEEE material, collect data on the amount, characteristics and management of WEEE within the municipal waste stream and the portion that which s accessible through collection events, determine the cost of collection, transportation, processing and recycling and evaluate the advantages and disadvantages of different collection and processing options. Minimal information to be collected during this part of the task include: number of households participating, number of businesses participating, names and addresses of businesses participating. Additionally, Oakland County will report on how this pilot was used to supplement existing publicly funded electronic/electrical equipment collections. Task: 3 P2 Best Practices Task Forces subcontractors 7.5 Task: 3 P2 Best Practices Task Forces subcontractors 2.5 The Business and Community P2 Best Practices Task Forces will continue to meet monthly. The Community Task Force will share information and lessons learned while establishing collection programs, and look for opportunities to share or pool resources and equipment and jointly purchase processing services. The Business Task Force will seek continuous improvement through educational meetings, where key speakers from member companies and outside experts will address the issues of source reduction, lifecycle analysis, pollution prevention and design for the environment as they relate to EEE. Reports will be compiled for each meeting. The Task Forces will conduct one joint meeting in August to discuss the application of current project results to municipal policies and procedures and the production environments of Automation Alley, and to establish criteria for preferred processing services, for inclusion in the revised report described in Task 1. Quarter 5 April—June 2003 - Activity Personnel % of Time Task: 1, Waste Characterization/Handling Methodology subcontractors .5 Feedback from stakeholders, participants, other resources will be reviewed and original report updated to recognize these insights. We will complete a final report to quantify any waste reduced, fate of waste and recommendations on strengthening electronics recycling infrastructure. At the completion of quarter one, Oakland County will submit a written project status report and written financial status report to the MDEQ by the prescribed deadline as described in the boilerplate. The Business and Community P2 Best Practices Task Forces will continue to meet monthly and will conduct one final joint meeting in November. The agendas will focus on a review of peer and stakeholder feedback of project results, project evaluation, evaluation of BMP implementation, planning for future activities and recommendations about potential opportunities for improved WEEE handling. The technical reports and implementation manuals will be updated based on this review and will include documentation of BMP successes. Oakland County Recycling Electronics and Pollution Prevention (REAP2) Appendix A: The Work Plan, Timetable and Budget As of June 11, 2001 Work Plan Project Description: Goals 84 Objectives REAP2 seeks to achieve a recycling rate of greater than 10% for waste electronics in Michigan doubling current rates, and to demonstrate and encourage adoption of pollution prevention techniques and methodologies in the manufacture of electronics. Specific objectives of REAP2 include to: 1) collect and analyze information about the amount, characteristics and management of waste electronics and electrical equipment (WEEE); 2) establish on-going task-forces representing the business and municipal generators of WEEE to formulate and disseminate best-management practices for WEEE and facilitate pollution prevention initiatives; 3) conduct demanufacturing and source reduction demonstrations targeting the recycling and reduction of critical pollutants; 4) address the large backlog of stored WEEE by conducting and evaluating model pilot collection programs that can be replicated across the region. Oakland County recognizes that the products and generators potentially affected by this project are governed by an array of regulations regarding their transport, disposal/recycling and reporting. The program will be operated in a manner that is consistent with electronics waste management regulations and will include as many participants and products as is feasible and allowable, particularly households and conditionally exempt small quantity generators. Organization Oakland County's Division of Solid Waste Management, under the control of the Oakland County Executive, will be responsible for REAP2 project management, with assistance from the County's Fiscal Services Division for grant administration. The Solid Waste Division conducts a range of planning and implementation initiatives designed to involve both citizens and the corporate community in environmental protection through sound solid waste management practices, brownfield redevelopment and conservation efforts. Martin J Seaman is the Division Manager and the REAP2 project leader. The Division's efforts are supported by administrative staff and significant research, planning and environmental consulting services. Partners & Contractors The REAP2 project has established partnerships with Automation Alley (AA) and the Michigan Recycling Coalition (MRC). Small and Large businesses will participate in and develop an expanded recycling capacity and recovery of WEEE. Municipalities and non-profits in Southeast Michigan and beyond, including fellow grant recipient Washtenaw County, will be primary partners in developing coordinated collection of residential WEEE. Automation Alley is the name for the cluster of over 350 leading technology companies, academic and public institutions located in and around Oakland County. Existing AA committee's will be engaged, as will a task force with targeted working groups. While the entire business community of southeast Michigan will be encouraged to participate and benefit from this project, AA members will form the cooperative base for the implementation of WEEE recycling collection events, processing needs assessment and testing of advanced demanufacturing techniques, and the development and dissemination of pollution prevention techniques and practices. Oakland County intends to contract with the MRC to manage pilot collections and coordinate a task- force of residential and institutional members who will conduct and evaluate WEEE pilot collections, sharing the results and working together to develop and disseminate best-practice models for WEEE recycling and waste reduction. The MRC is the state's leading professional association for recycling, bringing together over 300 municipalities, non-profits, small and large businesses to improve recycling throughout the state, conducting training sessions and holding the pre-eminent recycling conference each year. They will be using these forums, and newly created ones to promote WEEE recovery, recycling and the REAP2 and Washtenaw County projects. Oakland County, and its partners will seek a market-sustainable infrastructure that strives for the highest degree of environmental responsibility from its vendors and in developing the REAP2 program, defined as seeking the greatest level of reuse and recovery/recycling, and remanufacture into value-added products. Sustainability This is part of a broader project that will create lasting change that is market-sustainable. Pilot collections will be conducted with a significant amount of non-grant financial and in-kind support, which is indicative of the likely sustained interest in the project. Significant private investment, along with the development and dissemination of best practices, will create the greatest possibility of sustained action by providing the lowest possible costs to initiate and continue recycling by non- participants. Evaluation The REAP2 project will gather and establish a database of services and service providers existing and desired, programs and contacts from different regions and industries, and current best available technologies and practices, maintaining and modifying this information throughout the project. Unique information about recycling activities conducted will be gathered and a systematic review of project activities and progress towards project goals will be memorialized in: • Baseline reports/documents the amount, type and fate of WEEE in Oakland county, southeast Michigan, and the Great Lakes region will be evaluated, with reports written and then updated at least twice during the project. • Reports/regular reviews project progress will be continuously evaluated and summarized in reports to participants and the EAD. The reports will include: when task force meetings were held, who attended, and meeting minutes; frequency of WEEE collections including who participated, a characterization of the types and amount of waste collected, and the fate of the waste collected; descriptions of technologies used or demonstrated including the type of technology, type of waste reduced and amount of waste reduced. The technology demonstration information can be provided in the form of a case study. • Best-management practices developed by the respective task forces will be disseminated and tracked for implementation success. E-mail alerts, newsletters, and a web site, as well as technical reports, implementation manuals, and recommendations will be produced and delivered through formal presentations, workshops and direct correspondence. - $ - $ - $ - $ - $ - $ 14,500 $ 35,000 $ 8,600 $ 15,400 $ 73,500 $ 8,000 $ 1,500 $ 9,500 $ 3,200 $ 600 $ 3,800 ,$ 5,500 $ - $ 6,400 $ - $ 11,900 $ 8,000 1,500 9,500 3,200 600 3,800 20,000 35,000 15,000 15,400 85,400 Project Supplies and Equipment Postage Educational Materials Grant Total - $ 6,500 $ 6,500 $ - $ 80,000 I $ 1,800 $ - $ 1,800 $ 27,000 I $ 107,000 1,800 6,500 8,300 See attached for notes to budget Oakland County Recycling Electronics and Pollution Prevention REAP2 as of May 14, 2001 Grant Funds Local Match Category Total Budget Categories Staffing Cost M. Seaman 200hrs/$40/hr Autrnation Alley 50hrs/$30/hr Fringe Benefits @ 40% M. Seaman Automation Alley Contractual Services Waste Characterization/Handling Methodology WEEE Waste Collection Pilot P2 Best Practices Task Forces Project Development / Manager •;!7!= $ Oakland County Recycling Electronics and Pollution Prevention REAP2 Bud2et Notes Waste Characterization / Handling Methodology Resource Recycling Systems, Inc. has been chosen as the consulting firm to compile the waste characterization survey and handling methodology reports. We anticipate 250 hours at a blended rate of $80 to total $20,000. WEEE Waste Collection Pilot Cost of Pilot Collection's will vary by type of material and event. We anticipate up to three events to cost up to $20,000 including: Collection and promotional activities $2,167 Collection activities include costs for staffing, rental of equipment, etc. Promotional materials include printing and mailing costs Recycling Fee $3,500 Cost for reprocessing electronic waste Transportation $1,000 Includes costs for processor to haul waste to reprocessing facility Total x 3 events $20,000 An additional $15,000 in payments to pilot partners of between $1,000 and $2,000 (est. 10 recipients at average cost of $1500). Cost is to reimburse municipalities for additional staff time to provide pilot information and to subsidize additional costs of testing various collection methods. P2 Best Practices Task Forces Michigan Recycling Coalition will oversee the Task Force for the Best Practices project detailed in task 3. We anticipate 400 hours at a rate of $37.50 to total $15,000. Project Development / Manager Resource Recycling Systems, Inc. has been chosen as the consulting firm to manage and develop the REAP2 project. We anticipate 220 hours at a blended rate of $70 to total $15,400. Postage We anticipate the mailing of the Best Management Practices and Educational Materials to be priced as follows: Distribution of the Best Management Practices 200 packets @ $3.50 each $700 Task Force Mailing 150 @ .7222 = $108.30 (6 mailings) $650 Express Mailing Fees $150 Distribution of Educational Materials 150 packets @ .35 = $60 (5 mailings) $300 TOTAL $1,800 Educational Materials We anticipate the education materials (production, layout and artwork) to be priced as follows: Best Management Practices manual $4,400 layout, graphics and 2 review of materials Best Management Practices Help Sheets $1,000 Promotional Materials $ 800 FISCAL NOTE (MR #02151) June 13, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: ACCEPTANCE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY POLLUTION PREVENTION GRANT - REAP2 PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes acceptance of a grant for the Recycling Electronics and Pollution Prevention (REAP2) Project in the amount of $80,000 from the Environmental Assistance Division of the Michigan Department of Environmental Quality. 2. The grant is funded by the Clean Michigan Initiative, P.A. 52 of 2000. 3. The original grant application was in the amount of $100,000. 4. The purpose of the grant is to conduct a pollution prevention project targeting toxins contained in waste electrical and electronic equipment. 5. The total grant contract of $107,000, consists of the $80,000 grant award and a local match of $27,000 for in-kind costs, which is available in the FY 2002 Solid Waste Management Budget. 6. No additional General Fund/General Purpose appropriation is required. 7. Acceptance of the contract is subject to Corporation Counsel negotiating suitable contract language with the Michigan Department of Environmental Quality. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub absent. G. William Caddell, County Clerk f Resolution #02151 June 13, 2002 Moved by Palmer supported by Middleton the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Suarez, Taub, Webster Amos, Appel, Brian, Causey-Mitchell, Coleman, Crawford. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution 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 June 13, 2002, 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 coounty of Oakland at Pontiac, Michigan this 13th day of June, 2002.