HomeMy WebLinkAboutResolutions - 2004.02.05 - 27483REPORT (MISC. #04022) February 5, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DIVISION OF WASTE RESOURCES - RESOLUTION APPROVING THE
INTERLOCAL AGREEMENTS FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS
WASTE CONSORTIUM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced
resolution recommends the following amendments:
1. Change title of resolution to:
Community and Economic Development Administration Division
- Solid Waste Resource Management Unit - Resolution
Approving the Interlocal Agreements for the North Oakland
County Household Hazardous Waste Consortium.
2. Add BE IT FURTHER RESOLVED paragraph stating:
BE IT FURTHER RESOLVED that the communities shall take over
the adMinistration of this program in a time frame not to
exceed two (2) years.
Chairperson on behalf of the Finance Committee, I move the
acceptance of the foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
January 22, 2004
MISCELLANEOUS RESOLUTION 104022
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DIVISION OF WASTE RESOURCES - RESOLUTION APPROVING THE INTERLOCAL AGREEMENTS
FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE CONSORTIUM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County and its northern municipalities are committed to protection of the natural environment and
preventing toxic materials from entering our waterways and landfill resources; and
WHEREAS, the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our
citizens; and
WHEREAS, recognizing there is a need to provide regular and easily accessible household hazardous waste
collection services to North Oakland County residents; and
WHEREAS, collection events for household hazardous waste are widely accepted as the best way to provide citizens
with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection
requirements, encourage pollution prevention and enhance environmental health and safety in the home; and
WHEREAS, Oakland County, through its Waste Resource Management Division has facilitated the creation of the
North Oakland County Household Hazardous Waste Consortium (NO HAZ), and
WHEREAS, participating municipalities in Northern Oakland County have appointed an official representative to the
NO HAZ Consortium Board, and,
WHEREAS, the NO HAZ consortium has developed a household hazardous waste collection program; and
WHEREAS, the municipalities recognize and agree that absent an agreement with the County, the County has no
obligation to facilitate such a program; and
WHEREAS, the County's Corporation Counsel has reviewed and approved an Interlocal Agreement between the
County and a number of municipalities in North Oakland County for the creation of a program to collect household
hazardous waste, and
WHEREAS, the interlocal Agreement has been previously approved or is being considered by these currently
participating communities: Addison, Brandon, Commerce, Groveland, Lake Angelus, Oxford, Orchard Lake, Pontiac,
Rochester, Rochester Hills, Rose, Springfield, Sylvan Lake, Waterford, White Lake, and
WHEREAS, the interlocal Agreement is also being offered to the following communities that have previously
expressed an interest in participating: Auburn Hills, Bloomfield, Clarkston, Highland, Holly, Independence, Lake Orion,
Oakland, Orion, West Bloomfield, and,
WHEREAS, this Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it
incurs in connection with the NO HAZ program, and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached
Interlocal Agreement and authorizes the Chairperson of the Board to sign the Agreement with all municipalities who
have signed the Interlocal Agreement and passed a resolution in support thereof.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF MUNICIPALITY]
This Interlocal Agreement ("the AGREEMENT") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("COUNTY"), and [Name and Address of Municipality] ("MUNICIPALITY").
In this AGREEMENT the COUNTY and the MUNICIPALITY may also be referred to
individually as "Party" or jointly as "Parties."
1. INTRODUCTORY STATEMENTS
The northern cities, villages and townships of Oakland COUNTY are
committed to protection of the natural environment and preventing toxic
materials from entering their waterway and landfill resources.
1.2 In order to accomplish this goal, there is a need to provide regular and
easily accessible household hazardous waste collection services to north
Oakland COUNTY residents.
1.3 These northern cities, villages and townships have sought the COUNTY'S
assistance in coordinating a household hazardous waste collection program.
1.4 The COUNTY has agreed to assist these communities by coordinating and
facilitating this AGREEMENT in order to form a comprehensive household
hazardous waste management program.
1.5 This interlocal AGREEMENT will allow participating communities to
obtain economic benefits of scale, without placing an undue burden on any
one community, in the provision of a coordinated program of hazardous
household waste collection and disposal. Residents of these communities
will enjoy access to a coordinated, frequent, convenient, ongoing collection
prop-am supported by an aggressive educational program regarding the
hazards of household hazardous wastes and their proper re-use and
disposal.
2. PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of
1967, 1967 PA 7, MCL 124,501 et seq., the COUNTY and the MUNICIPALITY
enter into this AGREEMENT for the purpose of developing a comprehensive
household hazardous waste management program ("Program") that will meet the
following goals and objectives.
1.1
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3. GOALS OF THE PROGRAM:
3.1 To provide regular, reliable and easily accessible household hazardous
waste collection services to the residents of northern Oakland COUNTY.
The Program will help prevent toxic materials from entering Oakland
COUNTY'S waterways, water tables, and landfill resources and help to
remove them from potentially hazardous situations in area households.
3.2 To establish, coordinate, and promote an educational program to inform
residents about re-use, return, and reduction of potentially hazardous
materials, bolster community spirit, and educate residents about
environmentally sensitive behavior in general.
4. OBJECTIVES OF THE PROGRAM:
4.1 Increase public awareness of return, disposal, and source reduction options.
4.2 Initiate a reliable, regular, and convenient collection program for household
hazardous waste collection;
4.3 Promote knowledge of program requirements;
4.4 Help divert significant quantities of household hazardous materials from
landfills,
4.5 Help return significant quantities of potentially household hazardous
materials to point of purchase or recycling outlets for proper disposition;
and
4.6 Collect data about the amount and type of household hazardous materials in
north Oakland COUNTY and their ultimate disposition.
NOW THEREFORE, in consideration of the mutual promises, obligations,
representations, and assurances in this AGREEMENT, the Parties agree to the following:
5. DEFINITIONS. The following words and expressions used throughout this
AGREEMENT, whether used in the singular or plural, within or without
quotation marks, or possessive or non -possessive, shall be defined, read, and
interpreted as follows:
5.1 "ACCEPTABLE HAZARDOUS WASTE" shall be defined as any and
all forms of HAZARDOUS WASTE that the HAZARDOUS WASTE
VENDOR specifically agrees to collect and properly dispose of and/or
recycle at any and all collection events throughout this program.
5.2 "ADMINISTRATIVE COSTS" shall be defined as any and all Program
costs, expenses, wages, salaries, fringe benefit costs, equipment, supplies,
administrative overhead, building costs, or any costs and expenses that are
incurred and/or paid by the COUNTY in the administration of this program.
ADMINISTRATIVE COSTS and HAZARDOUS WASTE COLLECTION
COSTS are mutually exclusive cost categories.
5.3 "AGENT" OR "AGENTS" of the COUNTY or the MUNICIPALITY,
shall be defined to include any and all of that Party's officers, elected
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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, 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. AGENT shall also include any person who
was an AGENT at any time during this AGREEMENT but for any reason is
no longer employed, appointed, or elected in that capacity. AGENT, as
defined for any purpose in this AGREEMENT, shall NOT include the
HAZARDOUS WASTE VENDOR.
5.4 "AGREEMENT" means the terms and conditions of this AGREEMENT,
Exhibits A, B and C referenced below and any other mutually agreed to and
properly executed modification, amendment, addendum, or change order.
5.4.1 Exhibit A (Proposed No Haz Collection Schedule).
5.4.2 Exhibit B. (ADMINISTRATIVE and HAZARDOUS WASTE
COLLECTION COSTS)
5.4.3 Exhibit C. (Population statistics used to calculate
ADMINISTRATIVE COSTS of this program for participating
MUNICIPALITIES).
5.5 "CLAIM(S)" shall be defined to include any and all losses, complaints,
demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, penalties, 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, or any other amount for which the COUNTY and/or any
COUNTY AGENT becomes 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 MUNICIPALITY or any MUNICIPALITY AGENT under
or in connection with this AGREEMENT or are based on or result in any
way from the MUNICIPALITY'S participation in the AGREEMENT.
5.6 "COLLECTION SCHEDULE" means the dates scheduled for hazardous
waste collection services throughout North Oakland County. A proposed
schedule for collection dates and locations through the Fall of 2003 Fall of
2004 is set forth in Exhibit A of this contract.
5.7 "COLLECTION SITE PROTOCOL" shall be a clearly defined set of
operating procedures for every scheduled hazardous waste collection event.
This protocol shall clearly define the duties and responsibilities of the
HAZARDOUS WASTE VENDOR, COUNTY, and MUNICIPALITY at
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each collection event. The protocol shall clearly provide that the
HAZARDOUS WASTE VENDOR is solely responsible for the collection,
sorting, transport and proper disposition of all ACCEPTABLE
HAZARDOUS WASTE collected at an event. The COUNTY shall
develop has developed this protocol in consultation with the NO HAZ
VENDOR and NO HAZ BOARD once_formed. , and will update as needed
or requested by the parties.
5.8 "COUNTY" means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, all of its departments, divisions,
the County Board of Commissioners, elected and appointed officials,
directors, board members, council members, commissioners, authorities,
committees, employees, AGENTS, subcontractors, volunteers, and/or any
such persons' successors.
5.9 "HAZARDOUS WASTE VENDOR" shall be defined as the vendor
selected by the COUNTY to perform hazardous waste collection services
on behalf of participating municipalities. The HAZARDOUS WASTE
VENDOR will conduct and oversee household hazardous waste collection
events throughout northern Oakland County. The vendor will be
responsible for all core operations at each event including receiving and
handling of household hazardous wastes, waste characterization,
manifestation and ultimate disposition of materials collected. The vendor
will assume all liability for ACCEPTABLE HAZARDOUS WASTE once
collected.
5.10 "HAZARDOUS WASTE COLLECTION COSTS" shall be defined as
any and all actual amounts paid to the HAZARDOUS WASTE VENDOR
by the COUNTY on behalf of participating MUNICIPALITIES for the
collection and disposal of ACCEPTABLE HAZARDOUS WASTE.
5.11 "MUNICIPALITY" as defined above also includes, without limitation, its
Council, any and all of its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners,
authorities, committees, employees, AGENTS, subcontractors, volunteers,
and/or any such persons' successors.
5,12 "NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE
ADVISORY BOARD" ("NO HAZ BOARD") means an advisory board
made up of one appointed representative from each participating
MUNICIPALITY. This board shall provide counsel and recommendations
to the COUNTY regarding the operation and administration of this
Program. The NO HAZ BOARD, once formed, shall be governed by
bylaws created by a majority of its members. during the course of 2004.
6. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained
in this AGREEMENT, and applicable changes in law, the COUNTY shall carry
Out the following:
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6.1 The COUNTY shall be responsible for development and operation of the
Program and shall enter into contracts for the benefit of the Program. Such
contracts include, but are not limited to, a contract with the HAZARDOUS
WASTE VENDOR.
6.2 The COUNTY will pravide the MUNICIPALITY with a copy of the
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HAZARDOUS WASTE VENDORS for the program as soon as the REP is
VENDORS. The COUNTY has prepared a Request for Proposal(RFP) that
was used to solicit bids from potential HAZARDOUS WASTE VENDORS
for the program, based on established program terms and conditions. The
COUNTY shall use its best efforts to select a HAZARDOUS WASTE
VENDOR for the program.
VENDOR for the program.
6.3 The COUNTY, together with the NO HAZ BOARD, will monitor the
services and activities of the HAZARDOUS WASTE VENDOR in order to
insure that all terms and conditions of the HAZARDOUS WASTE
VENDOR contract are satisfied. The COUNTY will take whatever steps
are reasonably necessary, in its sole discretion, to modify or correct a
deficiency in the HAZARDOUS WASTE VENDOR service and/or to
enforce or terminate the agreement in the event of default by the
HAZARDOUS WASTE VENDOR.
6.4 The COUNTY shall be responsible for selecting dates and locations for
hazardous waste collection services with the recommendation of the NO
HAZ BOARD
6.5 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR
and NO HAZ BOARD, shall develop a COLLECTION SITE PROTOCOL
for hazardous waste collection events within the MUNICIPALITY.
6.6 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR
and NO HAZ BOARD, shall set up a collection schedule for each
collection event in the program. Municipal residents will be required to
contact the COUNTY and pre-register in order to participate in a collection
event. During this pre-registration process, the COUNTY will obtain
information from the MUNICIPAL resident regarding the type and quantity
of household hazardous waste that they expect to bring to the event. The
COUNTY will allow MUNICIPAL residents with ACCEPTABLE
HAZARDOUS WASTE to schedule an appointment for the disposition of
ACCEPTABLE HAZARDOUS WASTE material at an event of the
MUNICIPAL resident's choosing. Such appointments will be available on
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first come, first serve basis. The COUNTY, in turn, will provide the
MUNICIPALITY and the HAZARDOUS WASTE VENDOR with a
schedule for each collection event [Marty mentioned he may want to
eliminate the appointment process].
6.7 The COUNTY, in consultation with the NO HAZ BOARD once formed,
shall formulate a survey to be filled out by MUNICIPAL residents upon
their arrival at a scheduled collection event. This survey will require
residents to provide their address (including street, city or township and zip
code). Information gathered by way of this survey shall only be used by the
COUNTY for reasons directly related to the administration of the NO HAZ
program which include, but are not limited to, the calculation of
HAZARDOUS WASTE COLLECTION COSTS for each
MUNICIPALITY participating in this AGREEMENT. All personal
identifying information collected from MUNICIPAL residents shall be
confidential and will not be released by the County except as required by
law or court order.
6.8 The COUNTY shall provide educational support for the Program.
7. MUNICIPALITY'S RESPONSIBILITIES
7.1 Upon approval of this agreement, I the MUNICIPALITY shall appoint a
MUNICIPAL AGENT to the NO HAZ BOARD to represent its interests.
This Board member shall be available to assist the COUNTY, as necessary,
in the administration of the program within the MUNICIPALITY.
7.2 If the MUNICIPALITY elects to host a collection event, it shall provide a
suitable location for collection services under the Program.
7.3 The MUNICIPALITY shall assign a sufficient number of MUNICIPAL
AGENTS to work at a collection event in accordance with the
COLLECTION SITE PROTOCOL.
7.4 The MUNICIPALITY shall assist the COUNTY and HAZARDOUS
WASTE VENDOR in the set-up and operation of hazardous waste
collection events within the MUNICIPALITY. Such assistance may
include the provision of MUNICIPAL employees to oversee parking at the
event, traffic control and the provision of facility access for all hazardous
waste collection events within the MUNICIPALITY.
7.5 At each collection event within the MUNICIPALITY, MUNICIPAL
AGENTS shall have each program participant fill out a survey provided by
the COUNTY. The MUNICIPALITY shall provide these surveys to the
COUNTY for purposes of calculating HAZARDOUS WASTE
COLLECTION COSTS for participating MUNICIPALITIES.
7.6 The MUNICIPALITY further agrees that no MUNICIPALITY AGENT,
either as a result of or arising out of any act(s) by a MUNICIPALITY
AGENT in the performance of any duty under this AGREEMENT, shall be
considered to be a COUNTY employee or COUNTY AGENT. The
MUNICIPALITY agrees that it shall be solely and completely liable for
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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 of reimbursements of any
kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protections 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, constitutional or civil
rights by the MUNICIPALITY, the COUNTY or any COUNTY AGENT.
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 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 Paragraph.
7.7 Neither the MUNICIPALITY nor the COUNTY is responsible for handling
or disposing of household hazardous waste. This function will be
performed solely by the HAZARDOUS WASTE VENDOR.
8. FINANCIAL RESPONSIBILITIES.
8.1 The COUNTY, subject to the terms of this AGREEMENT, will advance
such funds as are necessary to pay the HAZARDOUS WASTE
COLLECTION COSTS and ADMINISTRATIVE COSTS of the
PROGRAM. The MUNICIPALITY shall repay the COUNTY in the
following manner.
8.2 The MUNICIPALITY shall repay the COUNTY a percentage of the total
ADMINISTRATIVE COST of the PROGRAM. The percentage of the
ADMINISTRATIVE COST to be paid by the MUNICIPALITY shall be
the same percentage as the MUNICIPAL population compared to the
overall population of participating MUNICIPALITIES in the entire
PROGRAM. For purposes of illustration without limitation, if the
MUNICIPALITY consists of 1,000 residents and there are a total of 10,000
MUNICIPAL residents participating program-wide, than the
MUNICPALITY would pay 10 (ten) percent of the PROGRAM'S total
ADMINISTRATIVE COST.
8.2.1 If the MUNICIPALITY hosts a hazardous waste collection event
as part of this program, the MUNICIPALITY shall be reimbursed
by the COUNTY out of the program's administrative budget. The
amount of money provided to reimburse a MUNICIPALITY for
hosting a collection event shall be a set amount and will be
determined by the NO HAZ BOARD once formed. Any expenses
incurred by a MUNICIPALITY which are beyond the amount
determined by the NO HAZ BOARD to be appropriate for a
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collection event shall be the sole responsibility of the
MUNICIPALITY.
8.3 The MUNICIPALITY shall also repay the COUNTY a portion of the
HAZARDOUS WASTE COLLECTION COSTS. The HAZARDOUS
WASTE COLLECTION COST will be all costs paid by the COUNTY to
the HAZARDOUS WASTE VENDOR for collecting and disposing of a
MUNICIPAL resident's hazardous waste material. The MUNICIPALITY
may cap its HAZARDOUS WASTE COLLECTION COSTS by limiting
the number of MUNICIPAL residents that may participate in collection
events. The MUNICIPALITY shall advise the COUNTY of any such
limitation upon MUNICIPAL resident participation.
8.4 The COUNTY shall submit an invoice to the MUNICIPALITY itemizing
all amounts due under this AGREEMENT for its share of
ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION COSTS.
The MUNICIPALITY shall pay the invoice submitted to the COUNTY
within thirty (30) days after receipt of the invoice
8.5 Except as expressly provided in this AGREEMENT, the COUNTY is not
responsible for any cost, fee, fine or penalty incurred by the
MUNICIPALITY in connection with this AGREEMENT.
8.6 MUNICIPALITY'S Failure to Pay
8.6.1 To the maximum extent provided by law, should the
MUNICIPALITY fail, for any reason, to timely pay the COUNTY
the amounts required under this AGREEMENT, the COUNTY
Treasurer shall be entitled to set-off and retain any amounts due
the MUNICIPALITY from Delinquent Tax Revolving Fund
("DTRF") or any other source of funds due the MUNICIPALITY
in the possession of the COUNTY, to partially or completely offset
any deficiency by the MUNICIPALITY, unless expressly
prohibited by law. Such a transfer shall be considered an
assignment by the MUNICIPALITY to the COUNTY. Further, the
MUNICIPALITY waives any CLAIMS against the COUNTY, or
its officials, for any such amounts paid to the COUNTY.
8.6.2 To the maximum extent provided by law, should the
MUNICIPALITY fail, for any reason, to timely pay the COUNTY
the amounts required under this AGREEMENT, the
MUNICIPALITY agrees that upon notice from the Oakland
COUNTY Treasurer to the Treasurer of the State of Michigan (or
any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY), the State of Michigan is authorized to
withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency
by the MUNICIPALITY to the COUNTY. Such funds shall be
paid directly to the COUNTY. Further, the MUNICIPALITY
waives any CLAIMS against the State or COUNTY, or their
respective officials, for any such amounts paid to the COUNTY.
8.6.3 Neither of these provisions shall operate to limit in any way the
COUNTY'S right to pursue any other legal remedies against the
MUNICIPALITY for the reimbursement of amounts due the
COUNTY under this AGREEMENT. The remedies in this
paragraph are available to the COUNTY on an ongoing and
successive basis, as the MUNICIPALITY becomes delinquent in
its payments.
9. MUNICIPALITY INDEMNIFICATION OF COUNTY.
9.1 The MUNICIPALITY agrees to indemnify, defend, and hold harmless the
COUNTY and/or any COUNTY AGENT from any CLAIM(S), loss, or
damage connected to or resulting from any work done by the
MUNICIPALITY and/or any MUNICIPALITY AGENT'S under this
AGREEMENT, unless such loss or damaged is caused by the
MUNICIPALITY and/or MUNICIPALITY AGENTS following direct
instructions from COUNTY AGENT(S).
10. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE
MUNICIPALITY.
10.1 The COUNTY shall seek the following indemnification for participating
MUNICIPALITIES within the HAZARDOUS WASTE VENDOR
CONTRACT:
10.1.1 "The Contractor will protect, defend and indemnify all
Municipalities participating in the North Oakland County
Household Hazardous Waste Program, together with their officers,
agents, servants, volunteers, and employees from any and all
liabilities, claims, liens, demands, and costs, of whatever kind and
nature which may result in injury or death to any persons, and for
loss or damage to any property, including property owned or in the
care, custody or control of participating MUNICIPALITIES in
connection with or in any way incident to or arising out of the
occupancy, use, service operations, performance, or non-
performance of work in connection with this contract resulting in
whole or in part from negligent acts or omissions of Contractor,
any sub-contractor, or any employee, agent or representative of the
Contractor or subcontractor.
11. LENGTH OF AGREEMENT. This AGREEMENT shall remain in effect for
one year after the effective date of the HAZARDOUS WASTE VENDOR
CONTRACT or until cancelled or terminated by either Party pursuant to Section
12 below. If the MUNICIPALITY terminates this AGREEMENT after the
program has commenced but before the expiration of the HAZARDOUS WASTE
VENDOR CONTRACT, it shall nevertheless remain liable for its share of the
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ADMINISTRATIVE and HAZARDOUS WASTE COLLECTION COSTS for
the one-year term of the Agreement.
12. COMMENCEMENT OF AGREEMENT. This agreement shall not become
binding upon either party until such time as the COUNTY becomes contractually
obligated or owing to a HAZARDOUS WASTE VENDOR. Forty-five (45)
calendar days before the COUNTY becomes contractually obligated to the
HAZARDOUS WASTE VENDOR, the COUNTY will send a copy of the
proposed HAZARDOUS WASTE VENDOR contract, to the MUNICIPALITY
for review. Along with a copy of the proposed HAZARDOUS WASTE
VENDOR CONTRACT, the COUNTY will also send written notice to the
MUNICIPALITY of its actual ADMINISTRATIVE and HAZARDOUS WASTE
VENDOR COSTS under the program. If the MUNICIPALITY concludes, in its
sole discretion, that the cost of the program is too high or that indemnification
and/or insurance specifications within the HAZARDOUS WASTE VENDOR
CONTRACT are inadequate, the MUNICIPALITY shall notify the COUNTY, in
writing, within 45 calendar days of the date of the COUNTY'S notice regarding
costs of the program that it will not participate in the program. The
MUNICIPALITIES participation shall be cancelled upon the timely receipt of
such notice. After the 45 ) calendar days notice period has expired under this
section, the parties may only terminate this agreement as provided in Section 12
of this Agreement.
12.1 The COUNTY reserves the right, at any time before it becomes
contractually obligated to the HAZARDOUS WASTE VENDOR, to
unilaterally cancel this agreement if it determines, in its sole discretion, that
the number of participating MUNICIPALITIES is too small to
economically support the cost of this program.
13. TERMINATION OR CANCELLATION OF AGREEMENT. Once the
agreement commences (as described in section 11 above) and the COUNTY
becomes contractually obligated to the HAZARDOUS WASTE VENDOR, the
parties may only terminate this AGREEMENT as provided below:
13.1 Either Party may terminate or cancel this AGREEMENT for any reason
upon thirty (30) days' notice. The effective date for termination or
cancellation shall be clearly stated in the notice. If the MUNICIPALITY
terminates this AGREEMENT after commencement of the program, it shall
nevertheless remain liable for its share of the ADMINISTRATIVE COSTS
and HAZARDOUS WASTE COLLECTION COSTS for the term of this
Agreement.
13.2 The COUNTY may cancel this AGREEMENT at any time should the
MUNICIPALITY "default" on any obligation under this AGREEMENT.
"Default" is defined as the failure of the MUNICIPALITY and/or any
MUNICIPALITY AGENT to fulfill any MUNICIPALITY obligations
under this AGREEMENT. If time permits, but not otherwise, upon default,
the COUNTY shall notify the MUNICIPALITY in writing of any default
and provide the MUNICIPALITY with an opportunity to correct the
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situation. If after a reasonable period to cure the default, the
MUNICIPALITY has not corrected the circumstances giving rise to the
notice, the COUNTY may cancel this AGREEMENT and terminate the
MUNICIPALITY'S further participation in this program.
14. SUSPENSION OF SERVICES. Upon notice to the MUNICIPALITY and the
NO HAZ ADVISORY BOARD the COUNTY may immediately suspend this
AGREEMENT if the MUNICIPALITY has failed to reasonably comply, within
the COUNTY'S sole discretion, with federal, state, or local law, or any
requirements contained in this AGREEMENT. The right to suspend services is in
addition to the right to terminate or cancel this AGREEMENT contained in
Section 12. The COUNTY shall not incur penalty, expense, or liability if services
are suspended under this Section.
15. LIMITATION OF LIABILITY. Except as expressly provided otherwise in this
AGREEMENT, in no event shall either party be liable for any indirect, incidental,
special or consequential damages, or damages incurred by the other party whether
in any action in contract or tort, whether or not the other Party has been advised of
the possibility of such damages. The COUNTY'S liability for any damages
hereunder shall in no event exceed the total HAZARDOUS WASTE
COLLECTION COSTS paid by the MUNICIPALITY to the COUNTY. This
AGREEMENT is intended to allocate the risks between the COUNTY and the
MUNICIPALITY, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this AGREEMENT reflect this allocation of risk and
the limitations of liability specified herein.
15.1 The COUNTY will use its best efforts and judgement in selecting a
qualified and reputable HAZARDOUS WASTE VENDOR for this
program. The MUNICIPALITY agrees to waive any CLAIM(S) or liability
against the COUNTY for any material defects, errors, mistakes, negligence,
or omissions in the bid specifications, the bid procedure, the bid award
process, the HAZARDOUS WASTE VENDOR contract negotiation
process, the preparation or execution of the HAZARDOUS WASTE
VENDOR contract, or any other errors or mistakes of fact by the COUNTY
in the selection of the HAZARDOUS WASTE VENDOR. The
MUNICIPALITY agrees that at all times and for all purposes under this
AGREEMENT, the HAZARDOUS WASTE VENDOR relationship to the
COUNTY shall be that of an Independent Contractor and not a COUNTY
AGENT as defined herein. The MUNICIPALITY hereby agrees to waive
any CLAIM(S) or liability against the COUNTY based in any manner upon
any act or omission of the HAZARDOUS WASTE VENDOR.
16. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of
the Parties, this AGREEMENT does not and is not intended to create any
obligation, duty, promise, contractual right or benefit, right to indemnification,
right to subrogation, and/or any other right, in favor of any other person or entity.
17. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state,
and local statutes, ordinances, regulations, administrative rules, and requirements
11
applicable to its activities performed under this AGREEMENT, including, but not
limited to, the policies, procedures, rules and regulations attached as Exhibits to
this AGREEMENT, and properly promulgated amendments to those Exhibits.
18. DISCRIMINATION. The Parties shall not discriminate against their employees,
AGENTS, applicants for employment, or another persons or entities with respect
to hire, tenure, terms, conditions, and privileges of employment, or any matter
directly or indirectly related to employment in violation of any federal, state or
local law.
19. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this AGREEMENT, all licenses, permits,
certificates, and governmental authorizations necessary to perform all its
obligations under this AGREEMENT Upon request, a Party shall furnish copies
of any permit, license, certificate or governmental authorization to the requesting
Party.
20. RESERVATION OF RIGHTS. This AGREEMENT does not, and is not
intended to impair, divest, delegate, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, obligation, duty, or immunity of the
Parties.
21. FORCE MAJEURE. Each Party shall be excused from any obligations under
this AGREEMENT during the time and to the extent that a Party is prevented
from performing due to causes beyond such Party's control, including, but not
limited to, an act of God, war, acts of government (other than the Parties'), fire,
strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable
notice shall be given to the affected Party of any such event.
22. IN-KIND SERVICES. This AGREEMENT does not authorize any in-kind
services, unless previously agreed to by the Parties and specifically listed herein.
23. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not
delegate, subcontract, and/or assign any obligations or rights under this
AGREEMENT without the prior written consent of the other Party. A delegation,
subcontract and/or assignment made without the prior written consent of the other
Party is void.
24. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this AGREEMENT shall
constitute a waiver of those rights with regard to any existing or subsequent
breach of this AGREEMENT. No waiver of any term, condition, or provision of
this AGREEMENT, whether by conduct or otherwise, in one or more instances,
shall be deemed or construed as a continuing waiver of any term, condition, or
provision of this AGREEMENT. No waiver by either Party shall subsequently
effect its right to require strict performance of this AGREEMENT.
25. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition,
of this AGREEMENT to be illegal or invalid, then the term, or condition, shall be
12
deemed severed from this AGREEMENT. All other terms, conditions, and
provisions of this AGREEMENT shall remain in full force.
26. CAPTIONS. The section and subsection numbers, captions, and any index to
such sections and subsections contained in this AGREEMENT are intended for
the convenience of the reader and are not intended to have any substantive
meaning. The numbers, captions, and indexes shall not be interpreted or be
considered as part of this AGREEMENT. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive
or non-possessive use in this AGREEMENT shall be deemed the appropriate
plurality, gender or possession as the context requires.
27. NOTICES. Notices given under this AGREEMENT shall be in writing and shall
be personally delivered, sent by express delivery service, certified mail, or first
class U.S. mail postage prepaid, and addressed to the person listed below. Notice
will be deemed given on the date when one of the following first occur: (1) the
date of actual receipt; (2) the next business day when notice is sent express
delivery service or personal delivery; or (3) three days after mailing first class or
certified U.S. mail.
27.1 If Notice is set to the COUNTY, it shall be addressed and sent to: Oakland
County Department of Waste Management, 1200 North Telegraph Road,
Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of
Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
27.2 If Notice is sent to the MUNICIPALITY, it shall be addressed to:
27.3 Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
28. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
AGREEMENT shall be governed, interpreted, and enforced by the laws of the
State of Michigan. Except as otherwise required by law or court rule, any action
brought to enforce, interpret, or decide any CLAIM arising under or related to this
AGREEMENT shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as dictated
by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above.
29. AGREEMENT APPROVAL AND AMENDMENT:
29.1 This AGREEMENT shall not become effective prior to the approval by
concurrent resolutions of the County Board of Commissioners and the
governing Legislative Body of the MUNICIPALITY. The approval and
terms of this AGREEMENT shall be entered in the official minutes and
proceedings of the County Board of Commissioners and governing
Legislative Body of the MUNICIPALITY and shall also be filed with the
office of the Clerk for the County and the MUNICIPALITY. In addition,
this AGREEMENT, and any subsequent amendments, shall be filed with
13
the Secretary of State thr the State of Michigan by the COUNTY and shall
not become effective or implemented prior to its filing with the Secretary of
State.
29.2 Except as expressly provided herein, this AGREEMENT may be amended
only by concurrent written resolutions of the County Board of
Commissioners and the governing Legislative Body of the
MUNICIPALITY. This AGREEMENT shall not be changed,
supplemented, or amended except as provided for herein, and no other act,
verbal representation, document, usage, or custom shall be deemed to
amend or modify this AGREEMENT.
30. ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and
entire AGREEMEMT between the COUNTY and MUNICIPALITY and fully
supersedes any and all prior AGREEMENTS or contemporaneous representations
or understandings, verbal or oral, between them concerning and in any way
related to the subject matter of this AGREEMENT. It is further agreed that the
terms and conditions herein are contractual and are not a mere recital and that are
no other AGREEMENTS, understandings, contracts, or representations between
the MUNICIPALITY and the COUNTY in any way related to the subject matter
hereof, except as expressly stated herein.
31. CONCLUSION: For and in consideration of the mutual promises,
acknowledgements and representations set forth in this AGREEMENT, and for
other good and valuable consideration, the adequacy of which is hereby
acknowledged, the COUNTY and MUNICIPALITY hereby agree to be bound by
the above terms and provisions.
14
IN WITNESS WHEREOF, hereby acknowledges that he has been
authorized by a resolution of the , a certified copy of which is
attached, to execute this AGREEMENT on behalf of the MUNICIPALITY and hereby
accepts and binds the MUNICIPALITY to the terms and conditions of this
AGREEMENT.
EXECUTED: DATE:
WITNESSED: DATE:
IN WITNESS WHEREOF, Thomas Law, Chairperson, Oakland County Board of
Commissioners, 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 AGREEMENT on behalf of the County of OAKLAND and hereby accepts
and binds the COUNTY to the terms and conditions of this AGREEMENT.
EXECUTED: DATE:
Thomas Law Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
William G. Caddell,
Clerk, Register of Deeds
County of Oakland
2001-0701/FINAL 7-Interlocal Agreement.doc
15
EXHIBIT A
NO HAZ INVITATION
2004 Proposed Collection Event Schedule
Spring Events
April 24, 2004 Waterford
May 8, 2004 White Lake
May 22, 2004 City of Rochester
June 12, 2004 City of Pontiac
Fall Events
September 25, 2004 Commerce
October 23, 2004 Pontiac
EXHIBIT B - 2004 PROPOSED NO HAZ (EXISTING MEMBERS)
Admin. credit I Households 'A, of Total Municipality P°Piliati° Population #of Cars g-, ,,,,, t„,...,- .,,
. Conimunity Share Average Cost ,
1.6% of HHD 'I "WM C"t3 ' Total Cost Per Household
Addison Township 6,581 2,230 1.86% 35.68 1,829.14 $ 1,070.40 $ 2,899.54 $ 1.30
Brandon Township 15,050 5,126 4.26% 82.02 4,183.04 $ 2,460.48 $ 6,643.52 $ 1.30
Commerce Township 35,772 12,754 10.13% 204.06 9,942.58 $ 6,121.92 $ 16,064.50 $ 1.26
Groveland Township 6,199 2,135 1.75% 34.16 1,722.97 $ 1,024.80 $ 2,747.77 $ 1.29
Lake Angelus 323 132 0.09% 2.11 89.78 $ 63.36 $ 153.14 $ 1.16
Oxford Township 17,083 6,148 4.84% 98.37 4,748.10 $ 2,951.04 $ 7,699.14 $ 1.25
Orchard Lake 2,251 762 0.64% 12.19 625.65 $ 365.76 $ 991.41 $ 1.30
City of Pontiac 66,736 24,429 18.89% 390.86 18,548.81 $ 11,725.92 $ 30,274.73 $ 1.24
City of Rochester 10,878 4812 3.08% 76.99 3,023.46 $ 2,309.76 $ 5,333.22 $ 1.11
Rochester Hills 68,835 26,480 19.48% 423.68 19,132.21 $ 12,710.40 $ 31,842.61 $ 1.20
Rose Township 6,286 2,187 1.78% 34.99 1,747.15 $ 1,049.76 $ 2,796.91 $ 1.28
Springfield Township 13,547 4,694 3.83% 75.10 3,765.29 $ 2,253.12 $ 6,018.41 $ 1.28
Sylvan Lake 1,724 827 0.49% 13.23 479.17 $ 396.96 $ 876.13 $ 1.06
Waterford Township 73,239 29,629 20.73% 474.06 20,356.27 $ 14,221.92 $ 34,578.19 $ 1.17
White Lake Township 28,777 10,324 8.15% 165.18 7,998.37 $ 4,955.52 $ 12,953.89 $ 1.25
TOTAL 353,281 132,669 100.00% 2,123 ''' Si - 0: $ 63,681.12 $ 161,873.12 $ 1.23
(1) Administration and per car rate are established by the contract.
(2) See 2004 NO HAZ Event and Educational Operations and Hazardous Waste Disposition for details.
(3) Actual community expenses are determined by usage. The household participation rate is an estimated percentage for budgeting purposes.
ot
2004 NO HAZ EVENT AND EDUCATIONAL OPERATIONS
Management & Coordination $ 30,000.00
Appointment Scheduling $ 28,000.00
Event Promotion $ 18,000.00
Community Education $ 10,000.00
Operations / Host Fees $ 4,500.00
Contingency - 8.5% $ 7,692.50
TOTAL $ 98,192.50
2004 NO HAZ HAZARDOUS WASTE DISPOSITION
Car 5 70 lbs
Per Car Fee $30.00
Actual community expenses are determined by usage. The household
participation rate is an estimated percentage for budgeting purposes. (Per
contractual agreement)
Emergency Salaries
Fringe Benefits
Advertising
Personal Mileage
Professional Serv.
Workshops & Mtgs.
Information Supplies
Office Supplies
Print Shop
Telephone Commun.
(7,530)
(670)
6,700
400
(130,350)
3,200
5,000
1,000
10,750
2,500
$(109,000)
$ -0-
I •
FISCAL NOTE (MISC. #04022) February 5, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DIVISION OF WASTE RESOURCES - RESOLUTION APPROVING THE
INTERLOCAL AGREEMENTS FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS
WASTE CONSORTIUM
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. Oakland County has facilitated the creation of the North
Oakland County Household Hazardous Waste Consortium (NO
HAZ) to provide household hazardous waste collection
services to residents of North Oakland County.
2. The resolution approves the Interlocal Agreement between
Oakland County and municipalities in Northern Oakland
County participating in the NO HAZ program.
3. The Interlocal Agreement has been reviewed and approved by
Corporation Counsel.
4. Participating municipalities are required to fully
reimburse the County for all costs incurred for the NO HAZ
program.
5. Total program costs for the NO HAZ 2004 program year are
estimated at $249,200, including administrative costs of
$99,200 and hazardous waste vendor costs of $150,000.
6. The FY 2004/2005 Budget includes revenue estimates and
expenditure appropriations in the amount of $358,200 for
the NO HAZ Program. A budget amendment is recommended to
reduce revenue and expenditure budgets by $109,000 to
reflect the anticipated NO HAZ program level.
7. The FY 2004/2005 Budget is amended as follows:
Revenue
19-115000-13600-0905 Reimb. - General $(109,000)
Expenditure
19-215000-13600-2018
19-215000-13600-2074
19-215000-13600-2340
19-215000-13600-3292
19-215000-13600-3348
19-215000-13600-3844
19-215000-13600-4148
19-215000-13600-4252
19-215000-13600-6666
19-215000-13600-6675
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
t 4
•
• I
Resolution #04022 January 22, 2004
The Chairperson referred the resolution to the Finance Committee. There were no objections.
S *
I I
I I I.
Resolution #04022 February 5, 2004
Moved by Wilson supported by KowaII the resolution be adopted.
Moved by Wilson supported by Long the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Wilson supported by Coulter the resolution be amended to coincide with the recommendation
in the Finance Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution as amended:
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt,
Moss, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter,
Crawford. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended was adopted.
I NEW APPROVE TIE REM RESOLUTION
lp
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
February 5, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the al of itte County of Oakland at
Pontiac, Michigan this 5th day of February, 2004.
G. William Caddell, County Clerk