HomeMy WebLinkAboutResolutions - 2023.03.02 - 38022
AGENDA ITEM: Approval of 2023 NOHAZ Interlocal Agreement
DEPARTMENT: Economic Development
MEETING: Board of Commissioners
DATE: Thursday, March 2, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2618 _ 23-36
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Seeking approval of the 2023 NoHaz Interlocal agreement with 12 communities that have approved
the agreement. NoHaz provides household hazardous waste collection events for residents of
member communities. Oakland County Economic Development facilitates the program and the
member communities reimburse Oakland County for the cost of the program.
POLICY ANALYSIS
Economic Development is requesting approval of the Interlocal Agreement between the County and
the municipalities participating in the North Oakland County (OC) 2023 NOHAZ program to collect
household hazardous waste. The following municipalities have approved the Interlocal Agreement
for 2023: City of the Village of Clarkston, Groveland Township, Independence Township, City of
Lake Angelus, Oakland Township, Oxford Township, Orion Township, City of Pontiac, City of
Rochester, Rose Township, Springfield Township and Waterford Township.
The OC Department of Economic Development facilitated the creation of the North Oakland
Household Hazardous Waste Consortium (NOHAZ) in 2003. The 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, help meet Phase II Stormwater Protection
requirements, encourage pollution prevention and enhance environmental health and safety in the
home. Each participating municipality in North Oakland County has appointed an official
representative to the NOHAZ Consortium Board. The County is reimbursed by the member
communities for all costs and expenses associated with the facilitation of this program.
Corporation Counsel has reviewed and approved the Interlocal Agreement. On final approval, the
Board Chair is authorized to sign the Agreement with all municipalities who have signed the
Interlocal Agreement. No budget amendment is required at this time.
*Previous MR #22-055
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Whitney Calio, Planner Principal
Kristen Wiltfang, Administrator Trails, Transportation & Environment
Bret Rasegan, Manager Planning
ITEM REVIEW TRACKING
Yolanda Smith Charles, Created/Initiated - 3/2/2023
David Woodward, Board of Commissioners Approved - 3/2/2023
Hilarie Chambers, Executive's Office Approved - 3/6/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 3/6/2023
AGENDA DEADLINE: 03/02/2023 6:00 PM
ATTACHMENTS
1. 2023 NoHaz Interlocal Agreement approved
2. NoHaz Presentation EDI v2 2023.2.15.23
COMMITTEE TRACKING
2023-02-22 Economic Development & Infrastructure - Recommend to Board
2023-03-02 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Karen Joliat
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary
McGillivray, William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Kristen Nelson, Yolanda Smith Charles (3)
Passed
March 2, 2023
RESOLUTION #2023-2618 _ 23-36
Sponsored By: Yolanda Smith Charles
Economic Development - Approval of 2023 NOHAZ Interlocal Agreement
Chair and Members of the Board:
WHEREAS Oakland County, through its Department of Economic Development, has facilitated the
North Oakland Household Hazardous Waste Consortium (NOHAZ) since 2003 to protect the natural
environment and prevent toxic materials from entering our waterways and being improperly disposed
of in landfill resources; and
WHEREAS the NOHAZ Consortium has developed a household hazardous waste collection program
and each NOHAZ Member Community appoints one official representative to serve on the NOHAZ
Consortium Board; and
WHEREAS to date, the following municipalities have approved the Interlocal Agreement and are
considered 2023 NOHAZ Member Communities and will reimburse the County for all costs and
expenses associated for facilitating the program: City of the Village of Clarkston, Groveland
Township, Independence Township, City of Lake Angelus, Oakland Township, Oxford Township,
Orion Township, City of Pontiac, City of Rochester, Rose Township, Springfield Township and
Waterford Township.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the attached Interlocal Agreements for the 2023 NOHAZ Program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Board Chair to sign the Agreement with all municipalities who have signed the Interlocal Agreement
and passed a resolution in support thereof.
BE IT FURTHER RESOLVED that a budget amendment is not required at this time.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: March 02, 2023
David Woodward, Commissioner
Date: March 06, 2023
Hilarie Chambers, Deputy County Executive II
Date: March 06, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-02-22 Economic Development & Infrastructure - Recommend to Board
2023-03-02 Full Board - Adopt
Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the
attached Interlocal Agreement: Approval of 2023 NOHAZ Interlocal Agreement .
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long,
Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray,
William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Kristen Nelson, Yolanda Smith Charles (3)
Passed
ATTACHMENTS
1. 2023 NoHaz Interlocal Agreement approved
2. NoHaz Presentation EDI v2 2023.2.15.23
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 March
2, 2023, 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 Circuit Court at
Pontiac, Michigan on Thursday, March 2, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
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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
1.1 The northern cities, villages and townships of Oakland COUNTY are
committed to protection of the natural environment and preventing toxic
materials from entering their waterways 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 hav e 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.
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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 and may include any
and all Program 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 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)” means any alleged losses, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation, costs, and/or expenses of any
kind which are imposed upon, incurred by, or asserted against a Party.
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 2023 year program in cooperation with the NoHaz 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
HAZARDOUS WASTE VENDOR, COUNTY, and MUNICIPALITY at
each collection event. The protocol shall clearly provide that th e
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 NoHaz VENDOR and
NoHaz 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,
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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” (“NoHaz 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.
5.13 “PARTICIPATING MUNICIPALITY” means a city, village or
township that has agreed to participate in the North Oakland Household
Hazardous Waste Program. Municipal participation shall be evidenced by
a duly executed Interlocal Agreement between Oakland County and a city,
village or township.
5.14 “PROGRAM HOST” means any entity, public or private, which has
agreed to allow the COUNTY, the PARTICIPATING MUNICIPALITIES,
and the HAZARDOUS WASTE VENDOR to conduct a hazardous waste
collection event on its premises.
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
contracts include, but are not limited to, a contract with the HAZARDOUS
WASTE VENDOR.
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6.2 The COUNTY, together with the NoHaz 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.
6.3 The COUNTY shall be responsible for selecting dates and locations for
hazardous waste collection services with the recommendation of the NoHaz
BOARD.
6.4 The COUNTY, in consultation with the HAZARDOUS WASTE VENDOR
and NoHaz BOARD, shall develop a COLLECTION SITE PROTOCOL
for hazardous waste collection events within the MUNICIPALITY.
6.5 The COUNTY, in consultation with the NoHaz BOARD, shall formulate a
survey to be filled out by MUNICIPAL residents participating in 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 within this survey shall only be used for reasons
directly related to the administration of the NoHaz program including, but
not limited to, the calculation of HAZARDOUS WASTE COLLECTION
COSTS for PARTICIPATING MUNICIPALITIES. Each NoHaz BOARD
member shall have the right at any time to review the addresses of
participants to verify all are located within the MUNICIPALITY. All
personal identifying information collected from MUNICIPAL residents
shall be regarded as confidential and will not be released by the COUNTY,
the MUNICIPALITY or a NoHaz BOARD member except as required by
law or court order.
6.6 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 NoHaz 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 will provide MUNICIPAL AGENT(S) to work at
each collection event as the Parties agree that many workers are needed to
make each collection event run smoothly. The MUNICIPAL AGENT(S)
provided shall assist the COUNTY and HAZARDOUS WASTE VENDOR
in the set-up and operation of hazardous waste collection events. Such
assistance may include, but is not limited to, traffic control, greeting
residents, administering surveys, and accepting donations on behalf of the
Program. Under no circumstances will a MUNICIPAL AGENT accept,
handle, dispose of, or otherwise come into contact with household
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hazardous waste. The MUNICIPALITY will provide the following
numbers of MUNICIPAL AGENTS for each scheduled collection event
based upon the most recent census figures available:
7.2.1 A MUNICIPALITY with a population of 30,000 or less will
provide one MUNICIPAL AGENT at each scheduled collection
event. A MUNICIPALITY with a population of 30,001 or more is
required to provide two MUNICIPAL AGENTS at each scheduled
collection event.
7.3 In the event that a MUNICIPALITY fails to supply the required
MUNICIPAL AGENTS to work at any given collection event, the
MUNICIPALITY will be assessed the following fees based upon the most
recent available census figures.
7.3.1 A MUNICIPALITY that had 125 participants or less at the
2022NoHaz events will be assessed $50.00 per collection event in
2023
7.3.2 A MUNICIPALITY that had more than 126 but less than 401 total
participants at the 2022 NoHaz events will be assessed $125.00 per
collection event in 2023.
7.3.3 A MUNICIPALITY that had 401 or more total participants at the
2022 NoHaz events will be assessed $250.00 per collection event
in 2023.
7.3.4 In the event a PARTICIPATING MUNICIPALITY that is new to
the Program in 2023 fails to provide the required MUNICIPAL
AGENT(S) at a scheduled collection event, the MUNICIPALITY
will be assessed a fee of $50.00 per event if it has a population of
less than 10,000, $125.00 per event if it has a population between
10,001 and 50,000, and $250.00 per event if it has a population of
50,001 or more.
8. MUNICIPAL AGENTS SHALL NOT BE DEEMED COUNTY
EMPLOYEES The Parties agree that no MUNICIPALITY AGENT shall be
considered a COUNTY employee or COUNTY AGENT for any purpose under
this AGREEMENT. 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.
The MUNICIPALITY shall be solely and completely responsible for any and all
liability for CLAIM(S) which are based upon, result from, arise from, or are in
any way related to, any MUNICIPALITY AGENT’S wages, compensation,
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benefits or other employment-related or based rights, including, but not limited to,
those described in this Paragraph.
9. NEITHER THE COUNTY OR MUNICIPALITY SHALL HANDLE OR
DISPOSE OF HAZARDOUS WASTE 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.
10. MUNICIPALITY MAY LIMIT PARTICIPATION OF RESIDENTS If a
MUNICIPALITY decides to limit the number of residents it will allow to
participate at one or more collection events, the MUNICIPALITY will identify a
method to limit such participation (which may include, for example, a voucher,
pre-registration or other reasonable process). The MUNICIPALITY must
communicate the process it intends to use to limit resident participation to the
COUNTY in advance of a collection event to ensure smooth enforcement of this
process and to allow the COUNTY ample time to communicate the process to
potential resident participants in applicable advertising regarding upcoming
events.
11. PARTICIPATION FEES A MUNICIPALITY may charge participating
residents a fee to participate in NoHaz events. This fee will be collected by the
COUNTY at the NoHaz events unless other arrangements have been made with
the COUNTY in advance. Each MUNICIPALITY will indicate via resolution
whether or not a fee is to be charged, and if so, the amount.
12. FINANCIAL RESPONSIBILITIES
12.1 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.
12.2 The MUNICIPALITY shall repay the COUNTY a percentage of the t otal
ADMINISTRATIVE COST of the PROGRAM. The MUNICIPALITY’S
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
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participating program-wide, then the MUNICIPALITY would pay 10 (ten)
percent of this half of the ADMINISTRATIVE COST.
12.2.1
12.2.1 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, less any fees collected at the NoHaz
events for this purpose. 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.
12.22The 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.
12.2.3 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.
12.3 In the event any monetary sponsorships from businesses or other entities
are received for the program, the proceeds shall be split between the
member MUNICIPALITIES using the same formula as is used to
determine the portion of the administrative fee that each
MUNICIPALITY is responsible for. This amount shall be deducted from
the invoice that the COUNTY submits to the MUNICIPALITY.
13. MUNICIPALITY’S FAILURE TO PAY
13.1 If the MUNICIPALITY, for any reason, fails to pay the COUNTY any
monies when and as due under this AGREEMENT, the MUNICIPALITY
agrees that unless expressly prohibited by law, the COUNTY or the
County Treasurer, at their sole option, shall be entitled to setoff from any
other MUNICIPALITY funds that are in the County’s possession for any
reason. Funds include but are not limited to the Delinquent Tax
Revolving Fund (“DTRF”). Any setoff or retention of funds by the
COUNTY shall be deemed a voluntary assignment of the amount by the
MUNICIPALITY to the COUNTY. MUNICIPALITY waives any
CLAIMS against the COUNTY or its Officials for any acts related
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specifically to the COUNTY’S offsetting or retaining such amounts. This
paragraph shall not limit MUNICIPALITY’S legal right to dispute
whether the underlying amount retained by the COUNTY was actually
due and owing under this AGREEMENT.
13.2 If the COUNTY chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the COUNTY any amounts due and owing the
COUNTY under this AGREEMENT, the COUNTY shall have the right to
charge up to the then-maximum legal interest on any unpaid amount.
Interest charges shall be in addition to any other amounts due to the
COUNTY under this AGREEMENT. Interest charges shall be calculated
using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
13.3 Nothing in this Section shall operate to limit the COUNTY’S right to
pursue or exercise any other legal rights or remedies under this
AGREEMENT against MUNICIPALITY to secure reimbursement or
amounts due the COUNTY under this AGREEMENT. The remedies in
this Section shall be available to the COUNTY on an ongoing and
successive basis if the MUNICIPALITY at any time becomes delinquent
in its payment. Notwithstanding any other term and condition in this
AGREEMENT, if the COUNTY pursues any legal action in any court to
secure its payment under this AGREEMENT, the MUNICIPALITY
agrees to pay all costs and expenses, including attorney’s fees and court
costs, incurred by the COUNTY in the collection of any amount owed by
MUNICIPALITY.
14. EACH PARTY RESPONSIBLE FOR ITS OWN ACTIONS UNDER
AGREEMENT
14.1 Each Party shall be responsible for any CLAIMS made against that Party
and for the acts of its Employees or AGENTS.
14.2 In any CLAIMS that may arise from the performance of this
AGREEMENT, each Party shall seek its own legal representation and bear
the costs associated with such representation including any attorney fees.
14.3 Except as otherwise provided in this AGREEMENT, neither Party shall
have any right under any legal principle to be indemnified by the other
Party or any of its employees or AGENTS in connection with any CLAIM.
14.4 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. Nothing in
this AGREEMENT shall be construed as a waiver of governmental
immunity for either PARTY.
15. HAZARDOUS WASTE VENDOR INDEMNIFICATION OF THE
MUNICIPALITY
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15.1 The COUNTY shall require the following indemnification for participating
MUNICIPALITIES within the HAZARDOUS WASTE VENDOR
CONTRACT:
15.1.1 The Contractor will protect, defend and indemnify the COUNTY,
PROGRAM HOSTS, and all PARTICIPATING MUNICIPALITIES,
together with their controllers, trustees, 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 the COUNTY,
PROGRAM HOSTS or 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 the Contractor, or any sub-contractor, or any
employee, agent or representative of the Contractor or subcontractor.
15.1.2 The indemnification rights contained in this Contract are in excess and over
and above any valid and collectible insurance rights/policies.
15.1.3 Contractor waives and releases all actions, liabilities, loss and damage
including any subrogated rights it may have against the COUNTY,
PROGRAM HOSTS, or PARTICIPATING MUNICIPALITIES based
upon any CLAIM brought against the COUNTY, PROGRAM HOST, OR
PARTICIPATING MUNICIPALITIES by a Contractor Employee.
16. LENGTH OF AGREEMENT This AGREEMENT shall become effective at
12:01 A.M., January 1, 2023 and shall remain in effect continuously until it
expires, without any further act or notice being required by either party, at 11:59
P.M. on December 31, 2023.
17. TERMINATION OR CANCELLATION OF AGREEMENT Once the
agreement commences (as described in section 16 above), the parties may only
terminate this AGREEMENT as provided below:
17.1 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 entire term of
this Agreement.
17.2 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, the
COUNTY shall notify the MUNICIPALITY in writing of any default and
11
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.
18. SUSPENSION OF SERVICES Upon notice to the MUNICIPALITY and the
NoHaz 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 17. The COUNTY shall not incur penalty, expense, or liability if services
are suspended under this Section.
19. LIMITATION OF LIABILITY The Parties agree that the COUNTY used its
best efforts and judgment when selecting a 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.
20. 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.
21. 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.
22. 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.
23. PERMITS AND LICENSES Each Party shall be responsible for obtaining and
maintaining, throughout the term of this AGREEMENT, all licenses, permits,
12
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.
24. 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.
25. 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.
26. IN-KIND SERVICES. This AGREEMENT does not authorize any in-kind
services, unless previously agreed to by the Parties and specifically listed herein.
27. 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.
28. 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.
29. 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.
30. 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.
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31. 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.
31.1 If Notice is sent to the COUNTY, it shall be addressed and sent to: Oakland
County Economic Development, 2100 Pontiac Lake Road, Bldg. 41W,
Waterford, MI 48328-0409 and Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
31.2 If Notice is sent to the MUNICIPALITY, it shall be addressed to:
__________________________________________________________
31.3 Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
32. 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.
33. AGREEMENT APPROVAL AND AMENDMENT
33.1 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.
33.2 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,
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verbal representation, document, usage, or custom shall be deemed to
amend or modify this AGREEMENT.
34. 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.
35. 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.
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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, the Chairperson of the 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: ______________
Chairperson
Oakland County Board of Commissioners
WITNESSED: _____________________________ DATE: _______________
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EXHIBIT A
2023 Projected NoHaz Budget
2023 NoHaz Program Cost Details
Collection Costs $2,500.00
Administration $500.00
Education and Outreach $12,000.00
TOTAL $15,000.00
2023 NoHaz Hazardous Waste Disposal and Recycling Costs
Per Vehicle Fee (including computer & electronic waste and
latex paint)
$100.25*
This Estimate is based on holding four collection events. If more communities join the program than are expected,
or communities drop from the program, the number of collections may be adjusted accordingly. Additional
collection events will increase the administrative fee by approximately $2,500 each. Any additional collections will
be agreed upon by the County and the NoHaz Advisory Board.
*If the vendor deems a vehicle to have an excessive amount of waste, additional charges may apply.
Vendor imposes a 600 car minimum per collection event. In the event a collection has fewer than 600 participants,
the cost difference will be split between all member communities using the formula that is used to determine the
administrative fee.
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EXHIBIT B -2023 Estimated Costs
Municipality
Population
(2020
census)
% of
population
admin fee
based on
population
Cars % of
participation
admin fee
based on #
of cars
HHW
disposal fee
Revenue
from $10 or
$15 charge
total amount
for program
$7,500.00 $7,500.00 $100.25
Addison* 6,256 2.11% $158.06 129 2.90% $217.56 $12,932.25 $1,290.00 $12,017.87
Clarkston** 928 0.31% $23.45 40 0.90% $67.46 $4,010.00 $600.00 $3,500.91
Groveland* 5,912 1.99% $149.36 74 1.66% $124.80 $7,418.50 $740.00 $6,952.67
Independence** 36,686 12.36% $926.86 577 12.98% $973.13 $57,844.25 $8,655.00 $51,089.24
Lake Angelus 287 0.10% $7.25 30 0.67% $50.60 $3,007.50 $0.00 $3,065.35
Oakland** 20,067 6.76% $506.98 310 6.97% $522.82 $31,077.50 $4,650.00 $27,457.31
Orion** 38,206 12.87% $965.26 1,377 30.96% $2,322.35 $138,044.25 $20,655.00 $120,676.86
Oxford 22,419 7.55% $566.41 689 15.49% $1,162.02 $69,072.25 $0.00 $70,800.68
Pontiac 61,606 20.75% $1,556.45 147 3.31% $247.92 $14,736.75 $0.00 $16,541.12
Rochester 13,035 4.39% $329.32 247 5.55% $416.57 $24,761.75 $0.00 $25,507.65
Rose 6,188 2.08% $156.34 63 1.42% $106.25 $6,315.75 $0.00 $6,578.34
Springfield** 14,703 4.95% $371.47 192 4.32% $323.81 $19,248.00 $2,880.00 $17,063.28
Waterford** 70,565 23.77% $1,782.80 572 12.86% $964.70 $57,343.00 $8,580.00 $51,510.49
296,858 100.00% $7,500.00 4,447 100.00% $7,500.00 $445,811.75 $48,050.00 $412,761.75
* = Community charges participants $10 each to participate in NO HAZ events,
** = Community charges participants $15 each to participate in NO HAZ events
(1.)This is only an estimate. Communities will be billed on actual use and participation based on which communities are under contract for 2023.
Participating communities listed above are preliminary and will be finalized in early 2023.
(2.)The cost per vehicle including collection of latex paint and electronic waste is $100.25.
(3.)The total administration fee is $15,000.00, which includes 4 collection events.
(4.)The number of participants is estimated using the 2022 number of participants and adding 3% for member communities in 2022.
(5.)One or two people from each community are required to work at each of the collection events. These costs are not factored into this esti mate.
Failure to provide a volunteer will result in charges as outlined in the Interlocal agreement. The se costs are not factored into this estimate.
A representative from each community is also needed to attend meetings 1-3 times per year. These costs are not factored into this estimate.
(6.) If additional communities join the program, additional collections may be necessary. This would be decided upon by the County and
18
NO HAZ Advisory Board, and would result in additional administration costs of approximately $2,500 per collection.
(7.) Vendor imposes a 600 car minimum per collection event. In the event a collection has fewer than 600 participants, the difference will be split between
all member communities using the formula used to determine the administrative fee.
(8). This estimate does not take into account any sponsorships that may be received for the program.
NoHaz
•Oakland County Economic Development and Infrastructure
Committee
•February 22, 2023
Planning &
Local Business
Development
Division
Program and Service
Focus Areas
What is NoHaz?
•A group of Oakland County communities that have
come together to provide household hazardous waste
collection events for residents.
•Oakland County facilitates the program for the
member communities.
•The program began in 2003.
•8,658,212 pounds of household hazardous waste has
been collected to date.
2023 NoHaz
•14 member communities
•4 collection events planned
•April 29
•June 3
•July 22
•September 16
•Locations are being finalized
Which
communities
participate in
NoHaz?
2022 NoHaz statistics
•4 collection events were held
•4,505 residents participated in the events
•641,797 pounds of waste were collected
•35% of attendees indicated they were using
NoHaz for the first time
What materials are collected