HomeMy WebLinkAboutReports - 2024.02.29 - 41019
AGENDA ITEM: Sewer Operation and Maintenance Agreement with the City of Lathrup Village
DEPARTMENT: Water Resources Commissioner
MEETING: Board of Commissioners
DATE: Thursday, February 29, 2024 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3860
Motion to approve the City of Lathrup Village Sanitary Retention Tank and Grinder Pumps
Operation and Maintenance Agreement; further, that the Oakland County Board of Commissioners
hereby directs its Chair or designee to execute the attached City of Lathrup Village’s Operation and
Maintenance Agreement.
ITEM CATEGORY SPONSORED BY
Contract Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The City of Lathrup Village has a sanitary retention tank and numerous grinder pumps currently
operated and maintained through Oakland County by the office of the Water Resources
Commissioner on a non-profit basis. The City desires to engage the County to continue to operate
and maintain its system on a non-profit basis pursuant to the terms of an operation and
maintenance agreement. Oakland County, by and through the office of the Water Resources
Commissioner, has qualified personnel capable of providing sewer operations and maintenance
services.
The County’s cost and overhead incurred for the services performed shall be compensated from the
revenues of the system. The County will assist the City in the operations and maintenance of the
system on a non-profit basis and the County’s General Fund will not be charged with or be liable for
the cost of operating, maintaining, repairing, replacing, or administering the system.
The terms of an agreement for the operation and maintenance of the City of Lathrup Village sewer
system by Oakland County through the office of the Water Resources Commissioner have been
negotiated, set forth in writing, and approved by resolution of the City of Lathrup Village’s Council on
September 21, 2022.
The Operations and Maintenance Agreement has been updated to include a provision that requires
the City to continue to adhere to the Evergreen-Farmington Sanitary Drain Cohesive Operating
Protocol. Such protocol establishes parameters to protect basements and reduce the frequency and
volume of sanitary sewer overflows within the geographical boundaries of the newly established
Evergreen-Farmington Sanitary Drain Drainage District.
POLICY ANALYSIS
This is a request to update and replace an agreement originally approved by the Board of
Commissioners in July of 2019 through Miscellaneous Resolution #19231. This updated agreement
was approved by the City of Lathrup Village and signed in 2022. Due to an administrative oversight,
this item was not included on an agenda for approval until now. However, the WRC advises that
both sides have been abiding by the terms of this contract in the same manner as they would if the
contract had expired before a replacement was adopted.
The terms of the agreement are largely unchanged except for the addition of Section 8.5 (Continued
Obligation to Follow the EFSD Cohesive Operating Protocol) and a copy of the city-adopted
resolution authorizing the WRC to submit drawings and specifications to EGLE for the Lathrup
Village Sanitary Retention Basin Improvements Project, which is attached to the agreement. The
term of the agreement is for 10 years with an automatic 10-year renewal and a 180-day option to
terminate for any reason.
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
Kelsey Cooke, WRC Manager and Chief Legal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 2/29/2024
AGENDA DEADLINE: 03/10/2024 7:12 PM
ATTACHMENTS
1. 2024-02-21 Memo to EDI Committee
2. Exhibit A - Lathrup Village Sewage Retention Tank
3. Exhibit B Sewer Scope of Services
4. City of Lathrup Village O&M Agreement
COMMITTEE TRACKING
2024-02-21 Economic Development & Infrastructure - Recommend to Board
2024-02-29 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16)
No: None (0)
Abstain: None (0)
Absent: Christine Long, Yolanda Smith Charles, Michael Spisz (3)
Passed
Form DC–001
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
Page 1 of 1 Rev.: 02/12/2018
OAKLAND COUNTY
WATER RESOURCES COMMISSIONER MEMORANDUM
TO: Commissioner Yolanda Smith Charles
Chairperson, Economic Growth and Infrastructure Committee
FROM: John A. Basch, WRC Senior Attorney
SUBJECT: Updated Lathrup Village Operations and Maintenance Agreement for its Sanitary
Retention Tank and Grinder Pumps
DATE: February 21, 2024
At a meeting of the City Council for the City of Lathrup Village, the sanitary retention tank and grinder
pumps operation and maintenance agreement was approved and executed by the city. The terms of
the contract include the authorization for Oakland County to operate and maintain the assts on behalf
of the city on a non-profit basis and in accordance with a scope of services to be performed by the
Water Resources Commissioner as set forth as an exhibit to the contract.
There are two important differences in the contract under consideration today from the version
adopted by the Oakland County Board of Commissioners in 2019. One of those differences is a
section in the contract that was not in the earlier version. This section, specifically 8.5, imposes a
continued obligation to follow the cohesive operating protocol mandated by the Evergreen-
Farmington Sanitary Drain Drainage District that, in the event the agreement is terminated, Lathrup
Village will continue to abide by that operating protocol with respect to operational parameters. These
parameters have been established to protect residential homes from basement flooding while
reducing the frequency and volume of sanitary sewer overflows, commonly referred to as SSOs.
There was no similar provision in the 2019 version of the contract because at that time the
parameters of an administrative consent order involving the newly created drainage district had not
yet been finalized.
The second difference involves the addition of a city-adopted resolution attached to the updated
contract. That resolution authorizes the Water Resources Commissioner to submit drawings and
specifications to the State of Michigan, specifically to the Department of Environment, Great Lakes,
and Energy via the state’s internet permit portal for any improvement projects related to the city’s
sewage tank. The remaining terms and conditions of the contract are unchanged from the version
adopted by this board in 2019.
Requested Committee Action: Recommend adoption of the attached Resolution to the Board of
Commissioners.
Contact: John Basch baschj@oakgov.com 248-292-9413 cell
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DISC LAIMER:Lathrup Village SewageRetention Tank
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Exhibit ALathrup Village Sewage Retention Tank
Updated: 1/11/2019
Exhibit B
Scope of Services
SRT and Grinder Pumps Operation and Maintenance
The County agrees to perform the following operation and maintenance services of the
Lathrup Village System as defined in the Agreement (“System”) (all of the following being referred
as the “WRC Services” or “Services”) on behalf of the City:
1. Perform operation and maintenance of the Lathrup Village Sanitary Retention
Tank (SRT), including periodic inspection, preventative maintenance, and routine
repairs and replacements (any repair or replacement less than $5,000). Repairs or
replacements costing $5,000 or more are considered a major repair of the system,
covered in section 4.2 of the Agreement.
2. Perform routine grinder pump repair and replacement. Any repair or replacement
less than $5,000 is considered routine. Repairs or replacements $5,000 or more
shall be considered a major repair of the System and is covered in section 4.2 of
the Agreement.
3. The County will utilize the City’s existing Supervisory Control and Data Acquisition
System (SCADA) to provide alarms on System facilities operated and maintained
by the County, until such time as the City’s SCADA System can be integrated with
the County’s.
4. The County will provide a 24-hour, 7-days per week dispatch center to monitor
alarms from the SCADA system and any other reports of System emergencies and
will dispatch emergency service crews to respond to such alarms and reports.
5. All Services provided by the County under this Agreement will be performed in
accordance with all applicable county, state and federal permits and regulations,
all applicable state and federal laws and all applicable City ordinances.
6. During wet weather operations the County will optimize operations of the sewage
retention tank as capacity is available from the Evergreen-Farmington Sanitary
Drain Drainage District.
7. The County will perform sanitary sewer overflow (SSO) sampling and analysis at
the direction of the City. The County will provide the lab results to the City for the
City’s SSO reporting to the Michigan Department of Environment, Great Lakes,
and Energy (EGLE).
CITY OF LATHRUP VILLAGE
SANITARY RETENTION TANK AND GRINDER PUMPS
OPERATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into as of the ___ day of ___________, 20__,
by and between the COUNTY OF OAKLAND, a Michigan constitutional corporation ("County"),
whose address is 1200 N. Telegraph, Pontiac, Michigan, 48341 and the CITY OF LATHRUP
VILLAGE, a Michigan municipal corporation, whose address is 27400 Southfield Road,
Lathrup Village, Michigan, 48076 ("City"). In this Agreement, either the County and/or the
City may also be referred to individually as a "Party" or jointly as "Parties."
Recitals:
WHEREAS the City owns a sanitary retention tank and grinder pumps, including related
components, as generally depicted in the attached Exhibit A and as it may be expanded or altered
from time to time (the "System"); and
WHEREAS the City desires to engage the County to operate and maintain the System on
behalf of the City on a non-profit basis and in accordance with the terms and conditions set forth
for in this Agreement; and
WHEREAS the County, by and through the office of the Oakland County Water Resources
Commissioner ("WRC"), has qualified personnel capable of providing sanitary retention tank and
grinder pump operations and maintenance services; and
WHEREAS the Michigan Constitution of 1963, Article 7, § 28, and the Urban Cooperation
Act of 1967, being MCL 124.501, et seq. (the "Act 7"), authorizes a political subdivision to exercise
jointly with any other political subdivision any power, privilege or authority which such political
subdivisions share in common with which each might exercise separately; and
WHEREAS pursuant to resolutions adopted by their res pective legislative bodies, the
Parties each have been authorized to execute this Agreement for the Services according to the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the County and the
City mutually agree as follows:
Article I. Statement of Authority and Purpose.
1.1 Authority. Pursuant to Act 7, and any other applicable laws of the State of Michigan, the
County and the City enter into this Agreement to establish terms and conditions for the