HomeMy WebLinkAboutResolutions - 2006.05.25 - 28245May 11, 2006
MISCELLANEOUS RESOLUTION #06093
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING
THE INTERLOCAL AGREEMENTS FOR THE NORTH OAKLAND COUNTY
HOUSEHOLD HAZARDOUS WASTE CONSORTIUM- 2006
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 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 Household Hazardous Waste Consortium (NO HAZ), and
WHEREAS participating municipalities in North 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 following municipalities have approved the Interlocal Agreement: Brandon
Township, Commerce Township, Groveland Township. Oakland Township, Oxford Township,
City of Orchard Lake, Orion Township, City of Pontiac, City of Rochester, City of Rochester
Hills, Waterford Township, White Lake Township, and
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Woodward absent
WHEREAS the Interlocal Agreement requires participating tmunicipalities to fully reimburse the
County for all costs it incurs in connection with the NO HAZ program.
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 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
Copy of the North Oakland County Household Waste Interlocal Agreement on file in
County Clerk's Office.
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 household
hazardous waste collection and disposal. Residents of these communities
will enjoy access to a coordinated, convenient, ongoing collection program
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.
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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
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 and B referenced below and any other mutually agreed to and
properly executed modification, amendment, addendum, or change order.
5.4.1 Exhibit. A ( ADMINISTRATIVE and HAZARDOUS WASTE
COLLECTION COSTS)
5.4.2 Exhibit B (Population statistics and estimates of percentage of
total participation in program contributed by MUNICIPALITY
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. Oakland
County will schedule dates and times for hazardous waste collection
services for the 2006 year program in cooperation with the NO HAZ Board.
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
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HAZARDOUS WASTE VENDOR, COUNTY, and MUNICIPALITY at
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 has
developed this protocol in consultation with the NO HAZ VENDOR and
NO HAZ BOARD, 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.
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:
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
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contracts include, but are not limited to, a contract with the HAZARDOUS
WASTE VENDOR.
6.2 The COUNTY prepared a Request for Proposal (REP) that was used to
solicit bids from potential HAZARDOUS WASTE VENDORS for the
program, based on established program terms and conditions. The
COUNTY used its best efforts to select a HAZARDOUS WASTE
VENDOR for the program in 2006.
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 NO HAZ BOARD, 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 name and 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.
6.7 The COUNTY shall provide educational support for the Program.
7. MUNICIPALITY'S RESPONSIBILITIES
7.1 Upon approval of this agreement, 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 Each municipality shall assign at least one MUNICIPAL AGENT or volunteer
to work at each collection event. Failure to do so will result in the
municipality being charged for a COUNTY AGENT who will be assigned to
work the collection event. The MUNICIPALITY will be charged a rate of
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S35.00 per hour for a COUNTY AGENT to work at the collection event (up
to a maximum of 7 hours per collection event).
7.3 The MUNICIPAL AGENT shall assist the COUNTY and HAZARDOUS
WASTE VENDOR in the set-up and operation of hazardous waste collection
events. Such assistance may include the provision of MUNICIPAL AGENTS
to oversee traffic control, greeting residents and administering the surveys,
and taking donations.
7.4 At each collection event, MUNICIPAL AGENTS shall have each program
participant fill out the survey provided by the COUNTY. These surveys shall
be given to the COUNTY for purposes of calculating HAZARDOUS WASTE
COLLECTION COSTS for participating MUNICIPALITIES.
7.5 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 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.
7.6 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 MUNICIPALITY'S
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share of administrative costs under the program shall be the sum total of two
different calculations. The first calculation, based upon MUNICIPAL
population figures, represents half of the MUNICIPALITIES share of
ADMINISTRATIVE COSTS under the program. This figure shall be based
upon total MUNICIPAL population compared to the overall population of
participating MUNICIPALITIES program-wide. For purposes of illustration
without limitation, if the MUNICIPALITY consists of 1,000 residents and
there are a total of 10,000 MUNICIPAL residents served program-wide, then
the MUNICPALITY would pay 10 (ten) percent of this half of the
PROGRAM'S total ADMINISTRATIVE COST. The second half of the
MUNICIPALITY'S total ADMINISTRATIVE COST shall be the percentage
of total MUNICIPAL participation compared to the overall participation of
residents program-wide. For purposes of illustration without limitation, if
1,000 MUNICIPAL residents participate in the program and there are a total
of 10,000 MUNICIPAL residents participating program-wide, then the
MUNICIPALITY would pay 10 (ten) percent of this half of the
ADMINISTRATIVE COST.
8.2.1 If a MUNICIPALITY hosts a hazardous waste collection event as
part of this program at one of its own sites, 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.
Any expenses incurred by a MUNICIPALITY which are beyond
the amount determined by the NO HAZ BOARD to be appropriate
for a 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 COSTS 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.
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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 damage is caused by the
MUNICIPALITY and/or MUNICIPALITY AGENTS following direct
instructions from COUNTY AGENT(S).
10. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE
MUNICIPALITY.
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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 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. Thirty (30) 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 estimated
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 MUNICIPALITY'S 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
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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
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.
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15.1 The COUNTY will use its best efforts and judgment 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
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.
11
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 affect 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
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 sent to the COUNTY, it shall be addressed and sent to: Oakland
County Waste Resource Management, 1200 North Telegraph Road, EOB,
Room 102, 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
12
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
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.
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
AGREEMENT 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.
13
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, 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.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson
Clerk, Register of Deeds
County of Oakland
14
$3,698.00
$4,660.80
$19,983.84
$18,793.00
$47,938.40
70 lbs
$32.00
EXHIBIT A
2006 Projected NO HAZ Budget
2006 NO HAZ Program Cost Details
Legal Management
Operational
Administration
Education and Outreach
TOTAL
2006 NO HAZ Hazardous Waste Disposal and Recycling Costs
Car
Per Car 'Fee'
Please note that the NO HAZ communities will only be responsible for paying $45,000 for the Program Costs listed
above. This is reflected in the estimated costs listed in Exhibit B. The remaining amount of $2,938.40 will be paid
from the NO HAZ Donation account.
EXIIIBIT B
2006 Projected NO HAZ Program Cost Detail
Population admin fee admin fee
(2000 % of based on Households % of based on total amount
Municipality census) population population participating participation participation disposal fee for program
$27,750.00 $27,750.00
Brandon 14,765 4.02% $1,115.06 40 2.05% $568.65 $1,280.00 $2,963.70
Commerce 34,764 9.46% $2,625.39 164 8.40% $2,331.45 $5,248.00 $10,204.84
Groveland 6,150 1.67% $464.45 33 1.69% $469.13 $1,056.00 $ ,989.58
Oakland 13,071 3,56% $987.13 186 9.53% $2,644.21 $5,952.00 $9,583,34
Orion 33,463 9.11% $2,527.13 201 10.30% $2,857.45 $6,432.00 $11,816,59
Orchard Lake 2,215 0,60% $167.28 16 0.82% $227.46 $512.00 $906.74
Oxford 16,025 4,36% $1 210 21 81 4.15% $1,151.51 $2,592.00 $4,953.72
Pontiac 66,337 18.05% $5,009.79 74 3.79% $1,052.00 $2,368.00 $8,429,79
Rochester 10,467 2.85% $790.47 99 5.07% $1,407.40 $3,168.00 $5,365,87
Rochester
Hills 68,825 18.73% $5,19T68 669 34.27% $9,510.63 $21,408.00 $36,116.31
Waterford 73,150 19.91% $5,524.31 278 14.24% $3,952.10 $8,896.00 $18,372.41
White Lake 28,219 7.68% $2,131.11 111 5.69% $1,578.00 $3,552.00 $7,261.10
367,451 100.00% $27,750.00 , 1,952 100.00% $27,750.00 $62,464.00 $117,964.00
*Estimated amounts do not include costs for computer and electronic waste collected. These materials will be charged at a rate of
$0.15 per pound.
This is only an estimate. The actual costs will be determined by which communities are members of NO HAZ in 2006, and by the
number of participants in the program from each of the member communities.
This estimate is based on there being three collection events in 2006.
FISCAL NOTE (M.R.#06093) May 25, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE
INTERLOCAL AGREEMENTS FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS
WASTE CONSORTIUM - 2006
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 an Interlocal Agreement between
Oakland County and municipalities in Northern Oakland
County participating in the NO HAZ program for 2006.
3. The Interlocal Agreement has been reviewed and approved by
Corporation Counsel.
4. The Interlocal Agreement requires participating
municipalities to fully reimburse the County for all costs
incurred for the NO HAZ program.
5. The FY 2006/2007 Budget includes revenue and expenditure
appropriations for the NO HAZ Program.
6. No appropriation or budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #06093 May 11, 2006
The Chairperson referred the Resolution to the Finance Committee. There were no objections.
Resolution #06093 May 25, 2006
Moved by Coleman supported by Wilson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I MR APPROVE THE FORE6014 RESIBTION
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.
Ruth Johnsonr(County Clerk