HomeMy WebLinkAboutResolutions - 2006.05.25 - 28244May 11,2006
MISCELLANEOUS RESOLUTION #06092
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING
THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES
WITH RESOURCE RECOVERY AND RECYCLING AUTHORITY OF
SOUTHWEST OAKLAND COUNTY-RRRASOC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Resource Recovery and Recycling Authority of Southwest Oakland County
(RRRASOC) submitted a project proposal dated February 24, 2006 to perform an
intergovernmental project regarding waste and recycling services; and,
WHEREAS, the proposed project activities are consistent with the Oakland County Solid Waste
Management planning obligations as required by State law, part 115, Solid Waste Management
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; and,
WHEREAS, RRRASOC is a municipal solid waste authority, established pursuant to Act 179 of
1947 and is comprised of the cities of Farmington, Farmington Hills, Novi, South Lyon,
Southfield, Walled Lake, Wixom, and the Township of Lyon; and,
WHEREAS, a interlocal Agreement has been drafted to address necessary legal, liability, and
responsibility issues for both the County and RRRASOC, and identifies Oakland County's role in
the project; and,
WHEREAS, the County's Corporation Counsel and Risk Management have reviewed and
approved an Interlocal Agreement between the County and RRRASOC for the implantation of
the project that will satisfy Oakland County Solid Waste Management planning obligations; and,
WHEREAS, the interlocal Agreement has been previously approved by RRRASOC; 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 of
Commissioners (or his designee) to execute the Interlocal Agreement for Regional Waste and
Recycling Services between Oakland County and the Resource Recovery and Recycling
Authority of Southwest Oakland County (RRRASOC).
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of
the foregoing resolution.
PLANNING & BUILDING COMMITTEE
, 4 /
AIM AL-a.d1L-Aarfil
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Woodward absent
1.1
1.2
1.3
INTERLOCAL AGREEMENT
FOR REGIONAL WASTE AND RECYCLING SERVICES
BETWEEN
OAKLAND COUNTY
AND
THE RESOURCE RECOVERY AND RECYCLING AUTHORITY
OF SOUTHWEST OAKLAND COUNTY
(RRRASOC)
This Interlocal Agreement ("the AGREEMENT") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan
48341 ("the COUNTY") and Resource Recovery and Recycling Authority of Southwest
Oakland County, 20000 W. Eight Mile Road, Southfield, MI 48075 ("RRRASOC"). In
this AGREEMENT, the COUNTY and RRRASOC may also be referred to individually
as "Party" or jointly as "Parties".
1. PURPOSE OF AGREEMENT.
Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501
et seq., the County and RRRASOC enter into this AGREEMENT for the
purpose of developing a comprehensive plan for the effective provision of
regional waste and recycling services in Oakland County.
Research performed by RRRASOC and provided to the COUNTY under
the terms of this Agreement will assist the COUNTY in the provision of
uniform, reliable, and cost-effective methods of solid waste disposal and
recycling in the COUNTY in years to come.
INFORMATION gathered pursuant to this AGREEMENT will assist the
COUNTY with solid waste planning obligations under the Natural
Resources and Environmental Protection Act (1994 PA 451) and the
implementation of the COUNTY'S Solid Waste Management Plan as
updated in 1992.
NOW THEREFORE, in consideration of the mutual promises, obligations,
representations, and assurances in this AGREEMENT, the Parties agree to the following:
2. 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:
2.1 "AGENT" OR "AGENTS" of the COUNTY or RRRASOC shall be
defined to include any and all of that Party's officers, elected officials,
appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, AGENTS, representatives, and/or any
such person's 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.
2.2 "AGREEMENT" means the terms and conditions of this AGREEMENT,
Exhibit A, referenced below and any other mutually agreed to and
properly executed modification, amendment, addendum, or change order.
2.2.1 Exhibit A Scope of Work
2.3 "CLAIMS" 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, otherwise and/or
whether commenced or threatened and arising out of any alleged breach of
any duty by RRRASOC or any RRRASOC AGENT under or in
connection with this Agreement or are based on or result in any way from
RRRASOC's participation in the AGREEMENT.
2.4 "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.
2.5 "RRRASOC" (The Resource Recovery and Recycling Authority of
Southwest Oakland County) is an intergovernmental, municipal solid
waste authority created in 1989 by the eight member communities of
Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled
Lake, Wixom and Lyon Township.
3. COUNTY RESPONSIBILITIES: Subject to the terms and conditions contained
in this Agreement, and applicable changes in law, the COUNTY shall carry out
the following:
3.1 Subject to the terms and conditions contained in this AGREEMENT, and
applicable changes in law, the COUNTY shall carry out the following:
3.1.1 The COUNTY shall pay RRRASOC a total of $70,750 for all work
performed under this AGREEMENT. RRRASOC shall submit an
invoice to the COUNTY itemizing all amounts due under this
AGREEMENT upon the completion of the following tasks:
3.1.1.1 Provision of Community Profiles: $35,050.00.
3.1.1.2 Provision of Community Needs Assessment: $8,200.00
3.1.1.3 Provision of Community Intergovernmental Opportunities
Assessment: $12,500.00
3.1.1.4 Provision of Intergovernmental Options: $9,250.00
3.1.1.5 Final Report and Presentation to the COUNTY: $5,750.00
3.1.2 The COUNTY shall pay the invoices within thirty (30) days after
receipt of the same.
3.1.3 Except as expressly provided in this AGREEMENT, the COUNTY is
not responsible for any cost, fee, fine or penalty incurred by
RRRASOC in connection with this AGREEMENT.
4. RRRASOC RESPONSIBILITIES:
4.1 Subject to the terms and conditions contained in this AGREEMENT, and
applicable changes in law, RRRASOC shall carry out the following:
4.1.1 RRRASOC will develop community profiles for all 61 (sixty-one)
cities, villages and townships within the COUNTY. Each community
profile will outline current program service details including types of
service available, comparable specifications and contractor
information. A compilation of current and historical performance
factors and cost data (when available), key contact people, and
comparison to the median and mean for specific performance
parameters will also be included. Profiles will be presented to the
COUNTY in both an electronic and traditional paper format.
4.1.2 RRRASOC will provide a community needs assessment for each city,
village and township within the COUNTY. Each assessment will
identify under-utilized resources within each community.
4.1.3 RRRASOC will evaluate potential for the intergovernmental provision
of services to various cities, villages, and townships within the
COUNTY. In performing this assessment, RRRASOC will identify
both legal and service-based approaches to such intergovernmental
cooperation and evaluate the advantages, disadvantages, and
implications of intergovernmental solid waste and recycling programs.
4.1.4 RRRASOC will use the on-line, web-based tool (Re-TRAC) to
accomplish tasks under this AGREEMENT.
4.1.5 RRRASOC will present a summary report to the COUNTY at the
completion of this project. This report will contain information
regarding Community Profiles mentioned above, Community Needs
Assessments, RRRASOC Capabilities, and Intergovernmental
Options. RRRASOC will collaborate with the COUNTY in order to
develop potential goals and objectives for future recycling and solid
waste services in the COUNTY.
4.1.6 RRRASOC' s reasonable determination of the completeness of the
work described in Section 4.1 shall be conclusive.
4.2 Obligations under this section are solely those of RRRASOC and
not obligations of RRRASOC's Member Municipalities.
5. RRRASOC INDEMNIFICATION OF COUNTY:
5.1 RRRASOC agrees to indemnify, defend, and hold harmless, to extent
permitted by law, the COUNTY and/or any COUNTY AGENT from any
CLAIM(S), loss, or damage connected to or resulting from any work done
by RRRASOC and/or any of RRRASOC'S AGENT'S under this
AGREEMENT, unless such loss or damage is caused by RRRASOC
and/or RRRASOC AGENTS following direct instructions from COUNTY
AGENTS.
5.2 The COUNTY agrees to indemnify, defend, and hold harmless, to the
extent permitted by law, RRRASOC and/or any RRRASOC AGENT from
any CLAIM(S), loss, or damage connected to or resulting from any work
done by the COUNTY and/or any of COUNTY'S AGENT'S under this
AGREEMENT, unless such loss or damage is caused by the COUNTY
and/or COUNTY AGENTS following direct instructions from
RRRASOC.
6. LENGTH OF AGREEMENT: This AGREEMENT shall remain in effect for
one year or until terminated by either Party as provided for in this AGREEMENT.
7. TERMINATION OF AGREEMENT: 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.
8. 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.
It is expressly understood that RRRASOC shall have no liability to third parties
for alleged loss or damages, direct or indirect, under any theory or claim alleging
defect, negligence, error, omission, or any other failure in respect to the work
product delivered to the COUNTY under this AGREEMENT, and the COUNTY
covenants to advise any subsequent users of the work product of this limitation.
9. COMPLIANCE WITH LAWS: Each Party shall comply with all federal, state,
and local statutes, ordinances, regulations, administrative rules, and requirements
applicable to its activities performed under this AGREEMENT.
10. DISCRIMINATION: The Parties shall not discriminate against their employees,
AGENTS, applicants for employment, or other person 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.
11. 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, and certificate of governmental authorization to the
requesting Party.
12. 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.
13. 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 Parties 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.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT: A Party may delegate,
subcontract, and/or assign any obligations or rights under this AGREEMENT
without the prior written consent of the other Party.
15. 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
affect its right to require strict performance of this AGREEMENT.
16. 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 deemed severed from this AGREEMENT. All other terms,
conditions and provisions of this AGREEMENT shall remain in full force.
17. CAPTIONS: The section and subsection numbers, captions, and any indent 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.
18. 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 mail.
18.1 If notice is sent to the COUNTY it shall be addressed and sent to:
Oakland County Waste Resource Management, 1200 N. Telegraph Road,
EOB, Room 102, Pontiac, Michigan 48341 and Chairperson of the
Oakland County Board of Commissioners, 1200 N. Telegraph Road,
Pontiac, Michigan, 48341.
18.2 If notice is sent to RRRASOC, it shall be addressed to Michael J. Csapo,
RRRASOC General Manager, 20000 W. Eight Mile Road, Southfield, MI
48075.
19. 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 6 th Judicial Circuit Court for 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.
20. AGREEMENT APPROVAL AND AMENDMENT.
20.1 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 RRRASOC. 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 RRRASOC and shall also be filed with the office of
the Clerk of the County and RRRASOC. In addition, this AGREEMENT,
and any subsequent amendments, shall be filed with the Secretary of State
for the State of Michigan by the COUNTY and shall not become effective
or implemented prior to its filing with the Secretary of State and the Clerk
of the County.
20.2 Except as expressly provided herein, this AGREEMENT may be amended
only by concurrent written resolutions of the County Board of
Commissioners and the governing body of RRRASOC. This
AGREEMENT shall not be changed, supplemented, or amended except as
provided for heron, and no other act, verbal representation, document,
usage, or custom shall be deemed to amend or modify this AGREEMENT.
21. ENTIRE AGREEMENT: This AGREEMENT constitutes the complete and
entire AGREEMENT between the COUNTY and RRRASOC 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
there are no other AGREEMENTS, understandings, contracts or representations
between RRRASOC and the County in any way related to the subject matter
hereof, except as expressly stated herein.
22. CONCLUSION: For and in considerations 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 RRRASOC hereby agree to be bound by the
above terms and provisions.
IN WITNESS 'WHEREOF, Cr 0._ 0_, I hereby
acknowledges that he has been authorized by RRRASOC to execute this
AGREEMENT on behalf of RRRASOC and hereby accepts and binds RRRASOC to
the terms and conditions of this AGREEMENT.
f D L1- -- 61 - ° (:)
By: Michael J. Csapo, General Manager
RRRASOC
By:
Witnessed: Date:
IN WITNESS WHEREOF, Bill Bullard, Jr., 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:
By: Date:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Witnessed: Date:
• Intergovernmental Project
for Regional Waste and Recycling Services
Phase I Assessment of Need and Opportunities
The following work program has been developed by the Resource Recovery and Recycling Authority of
Southwest Oakland County (RRRASOC) and Resource Recycling Systems, Inc. (RRS). The work
program is intended to complement and exploit synergies with work already underway by RRRASOC
and RRS for the development of a new operating agreement for RRRASOC's material recycling facility
(MRF), located in Southfield and the waste and recycling collection contracts of selected RRRASOC
communities (e.g. Farmington, Farmington Hills, Southfield, Wixom). The work program is designed to
identify opportunities for improved and more cost-effective service delivery for RRRASOC communities
and nearby communities through improved and/or additional intergovernmental cooperation.
The proposed work program activities are consistent with Oakland County's solid waste management
planning obligations as required by State law (Part 115, Solid Waste Management, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA)) and with the
implementation of Oakland County's Selected Management Alternative as identified in the Oakland
County Solid Waste Management Plan, 1999 Update.
Total project cost: $70,750 Proposed work program activities, level of effort and cost:
1. Community Profiles: RRS will develop community profiles for all Oakland County communities, and
identify and compile additional data on communities that could potentially benefit from collaboration
with RRRASOC and identify other areas that merit further assessment of intergovernmental
opportunities in the area of solid waste management. RRS will use the on-line web based
waste/recycling information tracking tool (Re-TRAC) to accomplish this task.
Level of Effort = 220 hours. Projected Cost $19,200
Re-TRAC System Subscriber Fee $12,050
Re-TRAC One-Time System Set-up Fee $ 4,000
Total Cost Task 1: $35,050
2. Community Needs Assessment: RRS will identify, through interviews and discussion, the detailed
information regarding waste management contracting, hauler relationships and procurement
requirements. This will include an assessment of the opportunities available to each community and
the timing of those opportunities (i.e.: at specified contract termination dates, etc.).
Level of Effort = 90 hours. Projected Cost $8,200
3. Community Intergovernmental Opportunities with RRRASOC: RRS will work with RRRASOC staff
and RRRASOC legal counsel to identify the capabilities the authority either already has or that it
could develop to meet the needs and opportunities that adjacent Oakland County communities may
be interested in. These will include both legal and service based approaches and will include an
evaluation of the advantages, disadvantages and implications of each of these approaches.
Level of Effort =90 hours. Projected Cost $12,500
4. Intergovernmental Options: RRS will work with RRRASOC staff and RRRASOC legal counsel to
identify and evaluate specific options available to adjacent communities, either working directly with
and through RRRASOC or completely independent of RRRASOC.
Level of Effort =60 hours. Projected Cost $9,250
5. Report Preparation and Presentation to County: RRS, RRRASOC staff and RRRASOC legal
counsel will prepare a project report covering 1. Community Profiles, 2. Community Needs
Assessment, 3. RRRASOC Capabilities, and 4. Intergovernmental Options with and without
RRRASOC and present the report to the County in a working session to discuss next steps and how
to involve interested communities in further development of these intergovernmental efforts.
Level of Effort =40 hours. Projected Cost $5,750
RRRASOC Intergovernmental Project Phase I Assessment Work Description, 2-23-2006 Version
FISCAL NOTE (M.R. #06092) May 25, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE
INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE
RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY - RRRASOC
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule X1-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Oakland County Waste Resource Management Unit is
responsible for the updating of the Oakland County Solid
Waste Management Plan, as required by State law.
2. The County is requesting approval of an Inter-local
Agreement with the Resource Recovery and Recycling
Authority of Southwest Oakland County (RRRASOC) at a cost
of $70,750 to obtain waste and recycling information
required for the update of the Plan.
3. In particular, the Agreement will provide local community
profiles and needs assessment and will identify
intergovernmental options available to communities
regarding solid waste collection and disposal and recycling
activities.
4. The agreement will address necessary legal, liability, and
responsibility issues for the County and identify Oakland
County's role in the plan.
5. The Inter-local Agreement has been reviewed and approved by
Corporation Counsel and Risk Management.
6. Funding for the Inter-local Agreement is available in the
FY 2006/2007 Waste Resource Management Unit Budget,
Professional Services account (#10100-1090105-174230-
731458)
7. No additional appropriation or budget amendment is
required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #06092 May 11, 2006
The Chairperson referred the Resolution to the Finance Committee. There were no objections.
Resolution #06092 May 25, 2006
notes attached) on the Consent
Jamian, KowaII, Long, Melton,
Rogers, Scott, Suarez, Wilson,
Ruth."Affristf6:Zounty Clerk
Moved by Coleman supported by Wilson the resolutions (with fiscal
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter,
Woodward, Zack, Bullard, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal
Agenda were adopted (with accompanying reports being accepted).
notes attached) on the Consent
Y APPROVE TR FORMA IESOWTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 May 25, 2006, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 25th day of May, 2006.