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HomeMy WebLinkAboutResolutions - 2008.02.07 - 9440MISCELLANEOUS RESOLUTION # 08015 _ January 17, 2008 BY: PLANNING & BUILDING COMM7TEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER — RESOLUTION APPROVING CONTRACT FOR THE OPERATION AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Brandon School astrict ("School District') is the owner of a wastewater treatment plant (VVVVTP), providing service to the Brandon Schools Complex, located at 1025 South Ortonville Road, Ortonville. Michigan, and as it may be expanded or altered from time to time: and WHEREAS, the School District has requested the assistance from the Oakland County Drain Commissioner to provide the operation and maintenance of the WWTP in return for reimbursement of all costs of providing such Services as set forth in the attached Contract (-Exhibit 1"): and WHEREAS, the Oakland County Drain Commissioner has determined, at the present time, that it has sufficient personnel, possessing the requisite knowledge and expertise and is agreeable to assisting the School District by providing the requested services under the terms and conditions of the attached Contract; and WHEREAS, the attached contract has been reviewed and approved by Oakland County's Corporation Counsel. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, that the Oakland County-Brandon School District Operations and Maintenance Agreement Contract, by and through the County Drain Commissioner and the Brandon School District, is hereby approved and adopted, and the County Drah Commissioner is hereby authorized and directed to execute and deliver the same in substantially the form as set forth in Exhibit 1 attached hereto for and on behalf of the County. in as many counterparts as may be deemed advisable. 4.61A PLANNING & BUILDING COMNfl4EE PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote with Potts and VVoodward absent. OAKLAND COUNTY DRAIN COMMISSIONER MEMORANDUM I Form DC-001 TO: Joseph J. Rozell, Director of Elections County Clerk/Register of Deeds FROM: Joseph W. Colaianne, Attorney and Insurance Administrator SUBJECT: MISCELLANEOUS RESOLUTION #08015 CONTRACT FOR THE OPERATION AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT DATE: March 6, 2008 Pursuant to Miscellaneous resolution #08015, please find attached for your records a fully executed copy of the contract between the County and Brandon School District. Should you have any questions, please call. My direct line is 2-2027, JOHN P. McCULLOCH OAKLAND COUNTY DRAIN COMMISSIONER Page 1 of 1 Rev.: 08/22101 BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE AGREEMENT This AGREEMENT (hereafter, this "Contract") is made and entered into as of the 9th day of February, 2008 between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"), and the BRANDON SCHOOL DISTRICT, a Michigan public school district, whose address 1025 South Ortonville Road. Ortonville, Michigan 48462 (hereafter, the "School District"). In this Contract, either the County and/or the School District may also be referred to individually as a "Party" or jointly as "Parties." Recitations: WHEREAS,. the School District owns a wastewater treatment plant (VVWTP), providing service to the Brandon Schools Complex, located at 1025 South Ortonville Road, Ortonville, Michigan, and as it may be expanded or altered from time to time; and. WHEREAS, the Michigan Department of Environmental Quality (MDEQ) has issued a permit to the School District to operate the WWTP; and, WHEREAS, the School District requests assistance from the County to provide the operation and maintenance of the WWTP in return for reimbursement of all costs of providing such Services as set forth for in this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the School District mutually agree as follows: ARTICLE I. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract'', "County", "School District", "Party" and "Parties") and any terms defined in other sections of this Contract (e.g., "Services"), the Parties agree that the following words and expressions, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: "Costs" shall be defined as the labor, including statutory and customary fringe benefits, overtime, material and supplies, power and utility services, vehicle/equipment rental, sewage disposal charge (if applicable), General and Administrative Expenses and subcontractor services devoted to the Services as defined in this contract. 1,2 "Consultant" - shall be defined as an independent contractor engaged by the County to perform the Services and responsibilities necessary to carry out the objectives under this Contract. 1.3 "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the School District and/or any School District Agents, as defined herein, 1.4 "OCDC Personnel" as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Office of the Oakland County Drain Commissioner as shown in the County budget and/or personnel records of the County. 1.5 "School District Agent" or "School District Agents", shall be defined to include any and all School District officers, elected officials, appointed officials, directors, board members, committees, employees, managers, volunteers, agents, representatives, consultants, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the County and/or any County Agents, as defined herein. 1.6 "Claim(sy' means any alleged losses, claims, complaints, demands for relief or damages, liability, penalties, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County or School District, or for which the County or School District may. become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the State constitution, any federal or State statute, rule, regulation, or any alleged violation of federal or State common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened by third parties, arising out of the ownership, operation, maintenance of the WWTP, but does not include claims between the Parties. 1.1 2 1.7 "General and Administrative Expenses" shall be defined to include the following: all allocation of the labor cost, including statutory and customary fringe benefits, of personnel responsible for administering this contract or supervising the work performed in connection with this contract; an allocation of expenses of the Oakland County Drain Commissioner's office for International Standards Organization (ISO) certification compliance, Geographical Information System (GIS) work, mapping, customer service, etc, ; an allocation for Equipment Rental and the customer billing system; and an allocation for miscellaneous overhead expenses (These overhead expenses and methodology for allocation are set forth in Exhibit B); and an allocation of the indirect cost of Oakland County charged to the Oakland County Drain Commissioner for support services, such as (but not limited to) legal, personnel, accounting, computer support, and insurance/risk management. 1.8 "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government. ARTICLE II. OAKLAND COUNTY DRAIN COMMISSIONER'S OPERATION AND MAINTENANCE SERVICES. 2,1 The County 'agrees to perform the operation and maintenance services of the WWTP (all of the following being referred to in this Contract as the "OCDC Services" or "Services") as set forth in Exhibit "A" attached to this contract. 2.2 MANNER COUNTY TO PROVIDF SFRvicFPk, The Services to be provided by the County to the School District under this Contract shall be performed by the County's Agents and/or consultants. In performing the services under this agreement, the County will exercise due care normally and reasonably provided with respect. to the operation and maintenance of publicly owned wastewater treatment plants. 2.2.1 OCDC Personnel or consultants shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. The County shall, however, give due consideration to any input received from the School District concerning the number and charges of consultants and OCDC Personnel assigned to provide Services for the WWIP. 2.2.2 The County shall be solely and exclusively responsible for furnishing all OCDC Personnel and consultants with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all OCDC Personnel in the performance of any and all Services under this Contract. 2.2.3 Except as otherwise expressly provided for herein, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and OCDC Personnel. 3 2.2.4 Except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or OCDC Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed or utilized to perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the School District during the term of this Contract. This section shall not prohibit the School District from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.2.5 Except as otherwise expressly provided by this Contract and/or applicable State law, neither the County, nor any County Agent, nor any OCDC Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be a School District Agent. Neither any County Agent, nor any OCDC Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the School District. 2.2.6 In the event School District incurs costs or expenses related to the ownership, operation and/or maintenance of the WWTP or the School District otherwise submits an authorized written request for a dispersal of funds maintained by the County, the County shall promptly disperse payments from the fund to the School District in the amount and manner requested, provided that the balance remaining in such fund is adequate to continue the operation and maintenance of the WWTP for the applicable period. 2,3 OWNERSHIP OF SYSTEM Notwithstanding any other term or condition in this Contract, no provision in this Contract is intended, nor shall it be construed, as constituting a divestiture or forfeiture of the School District's absolute ownership of and authority over the WWTP. 2.4 INTERRUPTIONS IN SERVICE. Th€ maintain regular service to the Srhnnl flistrir'.t hilt cIn nrt iiirnf uninterrupted service. The County shall not bp, i.A..iP In fhP Srthrw-11 nictrirt nr other third party for Claims arisino from inivin tniinns in cfnrviria ufruathor caused In defects ire_oriainaLsaastainloa_anockl=ts.ramira.rar.gillaar causes. ARTICLE III. SCHOOL DISTRICT'S RESPONSIBILITIES. The School District shall be responsible for the following: 3,1 The School District has adopted or shall hereafter adopt a budget and provide funding as necessary under the terms of the Contract, providing for the payment of the Services. Attached hereto and made a part hereof is Exhibit C the estimated monthly Costs for operation and maintenance of the WWTP. it is understood that from time to time, the costs may be revised. The County agrees to provide the School District 60 days notice of any changes to the monthly costs for operating and maintaining the WWTP. 4 3.2 Insurance. 3.2.1 It shall be the responsibility of the School District to determine and obtain real and personal property insurance with limits that the School District in its discretion deems necessary and appropriate for the WWTP and components of the WWII:). 3.2.2 Prior to the effective date of this Contract and continuing for the duration of this Contract, School District shall obtain and maintain General Liability Insurance with minimum limits of $5.000,000 per occurrence and $5,000,000 dollars aggregate and add or name the County and County Agents, as an additional named insureds on the policy. Either the School District shall obtain said insurance or at the direction of the School District, the cost of insurance may be added as a System Cost to be paid from the System Enterprise Fund. The School District will provide proof of insurance to County. 3.2.3 In the event that the School District is unable to or does not obtain General Liability Insurance coverage set forth in paragraph 3.5.2 then all Claims may be paid out of the reserves maintained by the County. The County may obtain General Liability insurance or self-insurance to protect the County's liabilities under this Contract, and all Costs related thereto shall be added as a WWTP system Cost: 3.2.4 Any coverage afforded the County, Oakland County Drain Commissioner, employees, appointed and elected officials and their agents will apply as primary and not excess to any insurance issued in the name of the County of Oakland, et al. 3.2.5 The insurance company(s) issuing the policy or policies will have no recourse against the County of Oakland or Drain Commissioner for payment of any premiums or for assessments under any form of policy. 3.2.6 The term insured is used severally, not collectively, but the inclusion in the policy of more than one insured will not operate to increase the limit of the County's liability. 3,2.7 All insurance certificates are to provide 30 days notice of material change or cancellation. ARTICLE IV. TERM OF CONTRACT. 4.1 The Parties agree that the term of this Contract shall begin on the effective date of this Contract, This Contract shall be effective for an initial term of ten (10) years from the effective date, and shall be automatically extended for additional ten (10) year terms, unless terminated or otherwise agreed to in writing by the Parties. ARTICLE V. BILLING, RESERVE FUNDS AND EXPENSES. 5 5.1 In consideration of the conditions set forth in this Contract, the County's Costs incurred for the Services shall be paid by the School District. In the event that the Costs exceed the anticipated budget established by the School District, in any one year, then any deficiency may be recovered by adjusting the budget by the School District, 5.2 The School District acknowledges and agrees that the County will assist the School District in the operations and maintenance of the WWTP on a non-profit basis for the benefit of the School District and therefore the County is without funds to finance, operate and maintain the WWTP except for the funds appropriated by the School District. Therefore, it is understood and agreed that in no event shall the County or its general fund be charged with or liable for the cost of operating, maintaining, repairing, replacing, or administering the WWTP. All Costs associated with the Services under this Contract will be the responsibility of the School District. 5.3 ESTABLISHMENT OF ENTERPRISE AND RESERVE FUND(S). The parties acknowledge that it will be necessary to establish an Enterprise Fund and one or more reserve funds for the WWTP for purposes that include maintenance, replacement and repairs. Upon execution of this Contract the School District agrees to provide to the County $5,000.00 to establish an Enterprise Fund and reserve for the WWTP. The Enterprise fund shall be held by the County in a segregated interest bearing account and shall be used by the County for the operation, repair and replacement of the WWTP. 5.4 NON-ROUTINE REPAIR EXPENSES. The parties acknowledge that from time to time, there will be both routine and non-routine expenses with respect to repairs of the WWTP. Such non-routine expenses may include but not limited to, emergency response, extraordinary repairs to the WWTP or capital improvements necessary to facilitate operation and maintenance of the system or legal expenses or claim expenses incurred with respect to the WWTP. Non- routine repairs and expenses are not included as part of the Scope of Services. Accordingly, the County will obtain the School District's consent or authorization before incurring non-routine expenses; and, as a part of the authorization the School District shall provide all necessary funding for non-routine repair expenses. The person designated by the School District to administer this agreement may authorize non-routine expenses. It is understood by the Parties, that in the event of an emergency, the County will be reimbursed by the School District for any expenses incurred by the County even though authorization was not obtained prior to responding to the emergency. ARTICLE VI. NO TRANSFER OF SCHOOL DISTRICT LEGAL OBLIGATIONS TO COUNTY. 6.1 The School District agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or OCDC Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or 6 entrusted to the School District under any applicable State or Federal laws or regulations. 6.2 The School District and School District Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and requirements in any manner affecting any work or performance of this Contract or with any School District duty or obligation under any applicable State or federal laws and/or regulations. ARTICLE VII. LIABILITY. 7.1 The School District further agrees that the County shall not be liable to the School District for any and all Claim(s). This paragraph shall not apply to a lawsuit instituted by the School District or County to enforce its rights under this contract. 7,2 The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the School District, and/or any School District Agents, or any other person or entity. 7.3 In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the School District for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services. ARTICLE VIII. AGENTS AND COOPERATION. 8.1 The School District shall be responsible, during the term of this Contract, for insuring that all School District Agents fully cooperate with OCDC Personnel in the performance of all Services under this Contract. The County shall be responsible, during the term of this Contract, for insuring that all County Agents fully cooperate with School District and School District Agents in the performance of all Services under this Contract. 8.2 School District shall obtain and secure the right of access to all public and private property necessary for OCDC Personnel or consultants to perform the Services under this Contract. School District shall be responsible for all costs or Claims associated with securing rights of access to public or private property. 8.3 There shall be an open and direct line of communication established and maintained between the Parties iii order to promote the handling of both routine and emergency situations in a timely and cooperative manner according to the circumstances as they exist or become known. The Drain Commissioner or designee, and the School Districts Chief Administrative Officer or designee shall be used for purposes of communicating and coordinating specific needs, plans, instructions, issues, concerns and other matters relating to the WWTP or 7 Services. The Parties shall cooperate with one another to address Service and WWTP issues. ARTICLE IX. INDEPENDENT CONTRACTOR. 9.1 At all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the School District shall be that of an Independent Contractor. ARTICLE X. COUNTY PRIORITIZATION OF COUNTY RESOURCES. 10.1 This Contract does not, and is not intended to, create either any absolute right in favor of the School District, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the School District. However, the County will maintain and designate a sufficient number of County Agents and OCDC Personnel, having sufficient qualifications, in order to carry out and provide the Services under and in accordance with this Contract on a day-to-day basis. ARTICLE XL TERMINATION OF THIS CONTRACT. 11.1 Except as fellows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of One Hundred and Eighty (180) calendar days written notice to the other Party, may completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice. 11.2 The Parties agree that the following shall survive (and the services related thereto a system cost), the termination or expiration of this Contract: (a) Any record-keeping and audit requirements for a period of six years (if such requirements are part of the Scope of Services (See Exhibit A — Scope of Services). (b) Any payment of obligations to the other Party for services rendered or incurred (including Costs as set forth in Article V of this Contract), (c) Any legal obligation provided for in this Contract with regard to acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred during the term of this Contract for a period of six (6) years or the applicable statute of limitations, whichever is shorter. 11.3 in the event the Contract is terminated by the School District or upon expiration of this Contract, the School District shall be responsible for all Costs incurred by the County through the date of termination, including the Costs and incurred by the County during the termination notice period referenced above to wind down and end its involvement in the provision of the Services set forth herein. The Parties agree that the General Operating Reserve and all property, supplies, equipment and material (such as SCADA, the billing system etc.) purchased by the County by a partial allocation of funds from the System Enterprise Fund 8 together with allocations from other systems operated by the County shall remain in the possession of the County. 11.4 In the event of termination by either Party or expiration of this Contract, the Parties shall cooperate with each other so as to bring about an orderly transition and transfer of the County's responsibility for the Services under this Contract to the School District or School District's designee ARTICLE XII. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT. 12.1 Except as otherwise provided herein, this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by resolutions of both the School District and the County. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of the School District and the County. The effective date of this Contract, and any amendments hereto, shall be the date of the later of the two resolutions adopted by the Parties approving this Contract, or approving any such amendment. 12.2 During the term of this contract, the Scope of Services attached hereto as Exhibit A, may be amended by the Oakland County Drain Commissioner and approved by resolution of the School District during the term of this Contract without requiring a resolution from the County Board of Commissioners. ARTICLE XIII. GOVERNING LAW, 13.1 This Contract is made and entered into in the State of Michigan and shall in all respects be 'interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non-possessive shall be deemed to include the other whenever the context so suggests or requires. 13.2 If any provision of this Contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, or the application of the provision of persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially alter the Contract or make execution impractical. 13.4 This Contract will be binding upon and for the benefit of the Parties hereto and their respective successors and assigns, subject to any assignment requiring the prior written consent of the non-assigning Party by an amendment to this Contract signed by all Parties and the assignment binding the assignee to the terms and provisions of this Contract. ARTICLE XIV. CAPTIONS. 9 14.1 The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. ARTICLE XV. NOTICES. 15.1 Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to the following: COUNTY OF OAKLAND: OAKLAND COUNTY DRAIN COMMISSIONER 1 Public Works Drive Waterford, Michigan 48328 BRANDON SCHOOL DISTRICT: Superintendent of Schools 1025 South Ortonville Road Ortonville, Michigan 48462 15.2 Except with respect to notices of termination, all correspondence and written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. Notices of termination shall be personally delivered or sent by certified mail, return receipt requested, and shall be considered delivered to a party on the date of receipt as represented by the return receipt or by a proof of personal service. 15.3 This Contract is entered into pursuant to Urban Cooperation Act of 1967. Act 7 of the Public Acts of 1967, as amended, MCLA 124.501 et seq., or as otherwise provided by Michigan law. ARTICLE XVI. ENTIRE CONTRACT. 16.1 This Contract sets forth the entire agreement between the County and the School District and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the School District in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. I Q mas C. Miller uperintendent of Schools Date: 3- 3-c2 IN WITNESS WHEREOF, Thomas C. Miller, Superintendent of Schools of the Brandon School District hereby acknowledges that he/she has been authorized by a resolution of the Brandon School Board, a certified copy of which is attached, to execute this Contract on behalf of the School District and hereby accepts and binds the School District to the terms and conditions of this Contract. BRANDON SCHOOL DISTRICT WITNESS: r-) N' I Lt—t A Irk-4-, r*-C. Ak, 044-4'-.11 (Name) IN WITNESS WHEREOF, John P. McCulloch. Oakland County Drain Commissioner , hereby acknowledges that he has been authorized by Miscellaneous Resolution No. 08-015 approved by the Oakland County Board of Commissioners, on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. COUNTY OF OAKLAND Jon 9. McCuTibch, Drain Commissioner DATE: Febtlry 22, 2008 WITNESS: Amir . .ph W.) olaianne, Attorney & Insurance Administrator By; 11 Brandon School District -WWTP Operation and Maintenance EXHIBIT A SCOPE OF SERVICES The County agrees to perform the following operation and maintenance services (referred to as the "OCDC Services" or "Services") of the Brandon School Complex Wastewater Treatment Plant (referred to as "WWTP") on behalf of the Brandon School Distrist (referred to as "School District"): . Operation and routine maintenance of the WWTP, including the required sampling and sampling analysis as indicated on the attached schedule. This schedule details the frequency Of operational and permit required site checks, sampling and sampling analysis. 2. Respond to authorized requests for maintenance, inspections and repairs, both routine and non-routine. 3. Bill monthly charges for services rendered in accordance with the rates approved by the School District, The charges will be payable thirty (30) days after the date of each monthly billing. 4. Compute and bill non-routine operations and maintenance charges, per the Agreement provisions. If not collected in advance, these charges will be payable thirty (30) days after the date of billing. 5. Establish, maintain, manage, and administer a System Enterprise Fund for and on behalf of the School District. Revenue collected by the County shall be deposited and maintained in the System Enterprise Fund. On a quarterly basis, the County shall determine the costs and overhead incurred during said quarter in performing the Services under this Contract and deduct such amount from the System Enterprise Fund as payment for such Services. The County may recommend a reserve for system emergencies or system replacement; however, no such reserve shall be established without written authorization from the School District to the County. 6. Keep all necessary records and books of account pertaining to the WWTP and make same available to the School District upon request. 7. Comply with applicable laws and governmental accounting standards in the keeping, management, administration, use and auditing of the System Enterprise Fund. Upon request of the School District, provide a quarterly accounting statement, a quarterly operation and maintenance activity report and annual report for the School District's review in accordance with the County's fiscal year. Upon request, allow the School District or School District Agents to audit the System Enterprise Fund accounts, books and statements, and provide the School District with supporting documentation and copies of such materials if requested. 8. Provide a 24-hour, 7-day per week dispatch center to receive calls from the School District staff regarding WWTP emergencies, and will dispatch emergency service personnel to respond. as authorized. 9. All Services provided by the County under this Contract will be performed in accordance with all applicable County, State and Federal permits and regulations, all applicable State and Federal laws and all applicable Municipal ordinances. TOTALS 5 1 9 15 Scope of Services Attachment Brandon Schools Complex INWTP FREQUENCY OF SITE CHECKS: EVERY OTHER DAY ROUTINE WWTP OPERATIONAL DUTIES I) Daily plant operations, sampling. wasting, supernating, cleanup 2) Log daily readings, lab results 4) Perform required preventative maintenance ROUTINE ADMINISTRATIVE 1) Data entry 2) MDEQ correspondence 3) Prepare and submit MORs. DMRs and Groundwater Analysis Reports ROUTINE QUARTERLY WELL / SURFACE WATER SA 1)6 Oroundwater monitoring wells 2) 3 Surface water samples NONAOUTINE O&M (See section 5.4 of Agreement) 1) Respond to emergency calls from authorized School District personnel 2) Provide repair and replacement services as directed by authorized School District personnel SAMPLING SCHEDULE VVWTP SAMPLES/MONTH PARAMETER Influent Mixed Liq. Effluent Total Diss. Sodium 1 1 Chloride 1 1 NI-I3 1 1 2 NO2 1 1 NO3 1 1 Sulfate 1 -: 2 Total P 1 1 2 TSS 1 1 1 3 BOD 1 1 2 MONITORING WELL / SURFACE WATER SAMPLING SAMPLES PER QUARTER PARAMETER WELL SURFACE WATER Total Sodium 3 Dissolved Sodium 6 Chloride 6 3 Bicarbonate 6 Magnesium 6 Potassium 6 Iron 6 Calcium 6 NH3 6 3 NO2 6 3 NO3 6 3 Sulfate 6 Total P 6 TDB 3 72 18 TOTALS DOCriptiOn Projected Annual Cosi 16.200 16,2130 6.100 0 2.800 13.400 47,300 Lxhibit A z OAKLAND COUNTY DRAIN COMMISSIONER OPERATIONS AND MAINTENANCE DIVISION PROPOSED 2007 - 2008 RATES BRANDON SCHOOLS COMPLEX WWTP VWTP Oplr4tinf Expenses Opera ilom 84. Maintenance labc.r-Rcg 12,000 Opetation & ‘lainienance Lalx)r-01 0 Fringe lieneths 10,200 Material & Supplies 0 eicmical$ 0 Sludge Di pt. 0 1,3•Mit es 0 Contracted Servrces 0 Sub-1 - Sewagel reament 22,200 Laboratory Expense Labor, Fringes, Materials, Supplies (per estahh;!teLI zalteN) Sub-Total • Lak,ratorv FA.perkF.es General A Administrative Expenses Adminisitative & Overhead Special Reserves Equipment Rental Sub- Foul - General & Admin. TOTAL OPERATING EXPENSE This is a rate for normal O&M (15 site visits per month), saMpling, sampling analysis and administrative costs, All other maintenance will be performed and billed separately as directly by the Brandon School DiStrict, Resolution #08015 January 17, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR. #08015) February 7, 2008 BY FINANCE COMMITTEE, MT.KE ROGERS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING CONTRACT FOR THE OPERATION AND MAINTENANCE OF THE BRANDON SCHOOL DISTRICT WASTEWATER TREATMENT PLANT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XIT-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This reolution approves a Contract tor the Oakiand County Craf.n Comm:sloner to perform tbe opratiohs and Ita-intenanoe of the Branton 2cnol Ditriot's wastewater treatment pnt. 2. The Oa1ahc.1 County Drain Comnissioner has sufficient staftinu. to assist the School 1::strict with the requested services provided under the Coco. 3. The Brandon Ecno.ol a:-Icpt a budget and provide oncn s necessary unde: tne Contract to pay OakiaoU County f:312 all cost E,sao':.:Lateu with the operations and maintenance of the wastewater teatmeht plant. 4. The Contract shall be etfectivs for an init.nl terr. of - ten (10) years and automatically e.t ndeO an additional ten years, tire:o either party w7rees to terminate the Contract. 5. he School l:Istrict agrees to provide the County with $5,000 to es4-abLi5h the Lnterptie Fc,1-,d for the wa,stewar treatmert plant. 6. Oakland CQ.0.17_,/ Urain ColTsrlssoner will establish the monthly recor:mended rate per month needed in order to provide servos dot forth in the agree:Lent. The current recommended ,Eite Ia $4,000 per mo::ih and will be updated as needed. 7. The follcwin:_7 budcyr: amendmeht_ I.-ecom7kended to establish a Syoter Fnterp ,:ise Fund for FY BRANDON SCHOOL DISTRICT WWTP FUND 457821 Revenue FY 2008 6010201-149030-632086 Sewage Disposal Services $33,000 Expense 6010201-149030-732102 Water and Sewage Charges $33,000 Total $33,000 ..17:NANCE COYM:TIEE Motion carried unanmo'asly on a roll cull vote wilt Dc-„Iglas and 12cter absent. I SEE ARM THE MEM RESOLUION Resolution #08015 February 7, 2008 Moved by Gregory supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas. Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen. Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Builard. (23) 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). 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 February 7, 2008, 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 Co ofOakland at Pontiac, Michigan this 7th day of February, 2008. Ruth Jortireft Kounty Clerk