HomeMy WebLinkAboutResolutions - 2010.05.05 - 10221MISCELLANEOUS RESOLUTION #10077 April 22, 2010
BY GENERAL GOVERNMENT COMMITTEE t Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION -
TORNADO WARNING SYSTEM EXPANSION - CITY OF NOVI
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Ms. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Comissioners by Miscellaneous
Resolution No.'s 7565, 7971, and 8664 accepted federal grants to defray a
portion of the costs in purchasing sirens to be utilized within the Oakland
Conty Tornado Warning System; and
WHEREAS the County snare of the costs will remain at twenty-five
percent as has been the policy previously established by the Board of
Commissioners by various Miscellaneous Resolutions, whereby local units pay
seventy-five percent with the County being responsible tor the maintenance
and electrical costs tor the sirens purchased; and
WHEREAS the City of Novi, ha n executed the attached Interlocal
Agreement; and
WHEREAS the City of Novi has agreed to pay seventy-five percent of the
total estimated cost o: one siren; and
WHEREAS, consistent with the attached Interlocal Agreement, the City of
Novi agrees that Oakland County will retain ownership of the siren and will be
responsible for the maintenance and the electrical costs for said siren
purchased under this agreement.
NOI4 THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the contract with the City of Novi for the purchase
of one tornado siren .
BE IT FURTHER RESOLVED that the expenditure of this appropriation is
contingent upon the execution of the attached written agreement between the
County and the City of Novi.
CHAIRPERSON, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
OENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE:
Motion carried unanimously on a roll call vote.
A
CITY OF NOVI
TORNADO SIREN
BUDGET SUMMARY
Purchase of one warning siren:
CITY OF NOV? (75%) $17,250.00
OAKLAND COUNTY (25%) $ 5,750.00
TOTAL COST OF ONE SIREN: $ 23,000.00
Breakdown of siren costs:
$17,500.00 One Siren- Pole Mounted
Siren Model 2001 2-Way
Siren Controls
Batteries
Cable
Transformer, Rectifier
Decoder
Installation
Antenna
Battery Warmers
$ 5,500.00
Total $23,000.00
The above costs are based on quotes submitted by Pederal Signal Corporation and West Shore Services.
•
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF NOVI
This Interlocal Agreement ("the Agreement") is made Petween Oakland County.
a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Iv'ichigar 48341 (''County), and the City of Nov, 45175W. Ten Mile Road, Novi,
Michigan 48375 ("Municipality"). In this Agreement, the County and the
Municipality may also be referred to individually as "Party" or jointly as "Parties."
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 tne purpose of adding the Municipality to the County's outdoor
warning system.
In consideration of the mutual promises, obligations, representations, and
assurances in this Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this
Agreemer,-„ 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.
1.1. Claim means any alleged loss, claim, complaint, demand for relief or
damages, cause of action, proceeding, judgment, deficiency, liability,
penalty, fine, litigation, costs, and/or expenses, including, but not limited
to, reimbursement for reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid ir
settlement, which are imposed on, incurred by, or asserted against the
County, its employees or agents, wnether such Claim is brought in law or
equity, tort, contract, or otherwise.
1,2. County means Oakland County, a Municipal and Constitutional
Corporation including, out not limited to, any and all of its departments,
divisions, the County Board of Commissioners, elected and appointed
officials, directors, board members, council members, commissioners,
autnorities, committees, employees, agents, subcontractors, volunteers,
and/or any such persons successors.
1.3. Municipality means City of Novi, a Constitutional Corporation including,
but not limited to, 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,
2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions
contained in tnis Agreement, and abplicabie changes in law, the County shall
provide the following:
2.1.Instai one (1) siren within the Municipality at the location designated by
the Municipality.
2.2. Provide for maintenance of the siren,
2.3. Provide for electrical costs of the siren.
3. MUNICIPALITY'S RESPONSIBILITIES, Subject to the terms and conditions
contained in this Agreement, and applicable changes in law, the Municipality
shall provide the following'
3.1 Pay seventeen-thousand, two-hundred and fifty dollars ($17,250) for the
installation of the siren. Payment is to be made within thirty (30) days
after instailation of the siren.
3.2 Provide operational status reporting during the first Saturday of the month
siren test (March through November) if requested.
3.3 Bear all costs associated with any siren relocation.
3.4 Municipality acknowledges that the County will retain ownership of the
S iren.
3.5 To the maximum extent provided oy law, if there is any amount past due
under this Agreement s the County has the right to set-off that amount from
any amount due to the Municipality from the County, including, but not
limited to distributions from the Delinquent Tax Revolving Fund.
4, DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto snail be effective when
executed by both Parties with resolutions passed by the governing bodies
of each Party, and when the Agreement is filed with the Clerk of each
County where the Parties are located. The Agreement shall be filed with
the Secretary of State of the State of Michigan pursuant to MCL 124.510.
4.2. This Agreement shall rema[n in effect until cancelled or terminated by
either Party pursuant to Section 6.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its
employees, agents, and subcontractors, the costs associated with those
acts, and the defense of those acts.
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1 Either Party may terminate or cancel this Agreement for any reason upon
thirty (30) days notice before the effective date of termination or
canceilation. The effective date for termination or cancellation shall be
clearly stated in the notice.
6.2.The Parties shai not be obligated to pay a cancellation or termination fee,
if this Agreement is cancelled or terminated as provided herein.
7. SUSPENSION OF SERVICES. Upon notice to the Municipality, the County
may immediately suspend this Agreement or the Municipality's participation in
the outdoor warning systern, if the Municipality has failed to reasonaby
comply, within the County's discretion, with federal, state, or local law, or any
requirements contaned in this Agreement. The right to suspend services is in
addition to the right to terminate or cancel this Agreement contained in
Section 6. The County shall incur no penalty, expense, or liability if services
are suspended under this Section.
8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of
the Parties, this Agreement does not and is not intended to create any
obligation, duty, promise, contractuai right or benefit, right to indemnification,
right to subrogation, and/or any other right, in favor of any other person or
Municipality.
9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state,
and local statutes, ordinances, regulations, administrative rules, and
requirements applicable to its activities performed under this Agreement,
including, but not limited to, the policies, procedures, rules and regulations
attached as Exhibits to this Agreement, and properly promulgated
amendments to those Exhibits.
10. DISCRIMINATION. The Parties shall riot 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.
11 PERMITS AND LICENSES. Each Party shall be responsible for obtaining
and maintaining, throughout the term of this Agreement, all licenses, permits,
certificates, and governmental authorizations for its employees and/or agents
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.
12.RESERVATION OF RIGHTS. This Agreement does not, and is not intended
to impair, divest, delegate, or contravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation, duty, or immunity of the Parties.
13.FORCE MAJEURE. Each Party shall be excused from any obligations under
this Agreement during the time and to the extent that a Party is prevented
from eerforming due to causes beyond such Partys control, including, but not
limited to, an act of God, war, acts of government (other than the Parties"),
fire, strike, labor disputes, civil disturbances, reduction of power source, or
any other circumstances beyond the reasonable control of the affected Party.
Reasonable notice shall be given to the affected Party of any such event.
14.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement
without the Drier written consent of the other Party. A delegation, subcontract
and/or igrirriit :haue without the prior written consent of the other Party is
void.
15.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent
breach of this Agreement. No waiver of any term, condition, or provision of
this Agreement, whether by conduct or otherwise, in one or more instances,
shall be deemed or construed as a continuing waiver of any term, condition,
or provision of this Agreement. No waiver by either Party shall subsequent)/
effect its right to require strict performance of this Agreement,
16,SEVERABILITY. If a court of competent jurisdiction finds a term, or
condition, of this Agreement to be illegal or invalid, then the term, or condition,
shall be deemed severed from this Agreement. All other terms, conditions,
and provisions of this Agreement shall remain in full force.
17.CAPTIONS. The section and subsection numbers, captions, and any 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.
18. NOTICES. Nctices 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 department 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.
18.1. If Notice is sent to the County, it shall be addressed and sent to:
Oakland County Homeland Security Division. 1200 N. Telegraph, County
Service Center, Pontiac, MI 48341 and Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph, BuiAing 12
East, Pontiac, Michigan 48341.
18,2 if Notice is sent to the Municipality, it shall be addressed to: The Chief
Elected Official of the Municipality at the address listed on the first page
of this Agreement.
18,3Either Party may uhariye the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
19.GOVERNING LAW/CONSENT TO JURISDICTION. 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 Sixth Judicial Circuit Court of the State of
Michigan, the Fifth 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.
20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreemert must be in
writing and agreed to by both Parties. Unless otherwise agreed, the
modification, amendment, recision, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by
the Parties' governing body.
21.ENTIRE AGREEMENT. This Agreement represents the entire Agreement
and understanding between the Parties. This Agreement supercedes all
other oral or written Agreements between the Parties including previous siren
CITY OF NOVI
COUNTY OF OAKLAND, MICHIGAN
RESOLUTION APPROVING SEVERE WEATHER
WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CITY OF NOVI
Minutes of Regular Meeting of the City CO',17.Cil of the City of Novi, County or .
Oakland, Michigan, held in the City Hall in said City on Monday, March 22, 2010, at 7:00
o'clock P.M. Prevailin 'Eastern Time.
Couneiimcmbers Crawford, Fischer, Galt, Match Staudt and Mayor Landry
ABSENT: Councilnnmhcr Margolis
The following preamble and Resolution were offered by Councilmernber Fischer and
supported by Mayor Pro Tent Gatt.
WHEREAS, the County of Oakland has prepared an Interlocal agreement, under the
Urban Cooperation Act of 1967, MO- 1 -2.(-"..501, et ,yeq., between the County and tie City for the
purpose of documenting the County's proposal to install one (1) severe weather warning
siren in the City at a location to he determined by the City, and to provide maintenance and
electrical costs therefor, and
WHEREAS. the City has agreed to accept the installation df the siren. and lc pay an
amount equal to 75 :.-tereent of the cost cf the installation, up to 517,250:
NOW, THEREFORE, BE IT RESOLVED that the Novi City Counc,1 hereby
authoitzes :he City Manager to sign the Severe Weather Warning System :nterlocal Agreement
between Oakiand Co•xity arid the City of Novi in the forIn attached hereto, subject, if necessary:
to technical, t:,Tograrihic,1:, cr non-substant;a: modifications approved by legal counsel before
trc Effective Date of title :nterlocal .Agreement.
AYES. (f.i) Gan. Fischer, Niutch, Staudt. Landry, Crawford
purchase agreements. The language of this Agreement shall be construed as
a whole according to its fair meaning, and not construed strictly for or against
any Party.
The Parties have taken ali actions and secured g approvals necessary to
authorize and comVete this Agreement. The persors signing this Agreement on
behalf of each Party havelegal authority to sign this Agreement and bind the
Parti94ormsncl cOiclitions contained heron.
Z
Authoked Anent dfwunicipaiity Date
David B. Landry'- Mayor
Chairperson, Oakland County Board of Date
Commissioners
— „
NAYS:
ABSENT: (I)
NiiCKIGAN )
)ss,
COL:N -","Y 01 )
I. MARY.-M•;:\-,l-. CORNELIUS, the clal-(1 .,.;aDied Clerl of the C of NO' i. Oakland
Comity,. Michian, elL) hereby certify that the :..iregoing is an amended copy of the Res.)lation
aJopt.t.'d by :lie ay Ccloi6 Gf :he City of Novi, at a duiy-cuiled reefing held on Monday.
1\/L:rch 22. 201(7:, a copy of whic .n is on file in my office!,
MARYAN Nh CORNELIUS
Clerk, City of Novi
This Reso:cit:on -vas signed and acknowledged before me on March :3, 2C:0, 1.7;
MARYANNE. CORNHAUS, the duly-author:zed Clerk for the City of Novi, a Michigan
:ritmicipa;
ilctdzki
Noktry Pibiie. Oacland CoJrity, vhc
My Commissior 1;xpires._ (26.;---,. 0 Ai
_
A
Resolution #10077 April 22, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
•
FISCAL NOTE (KR. #10077) May 5, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON. CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION TORNADO
WARNING SYSTEM EXPANSION — CITY OF NOVI
To the Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board. the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution recognizes that the C;ty of Novi has issued a purchase agreement for the
purchase of one (1) warning siren and has requested to become part of the County's centrally
activated tornado warning system.
2. The total cost of the siren is $23,000
3. The City of Novi has agreed to pay $17,250, which is seventy-five percent (75%) of the
estimated cost of the siren.
4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, which totals
$5,750
5. Consistent with past agreements, the County will retain ownership and be responsible for the
maintenance and electrical costs for the sirens.
6. Funds are available in the FY 2010 Homeland Security budget to cover cost.
7. No additional budget amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
si 7/i
_
Resolution #10077 May 5, 2010
Moved by Miooleton supported by Potter the resolutions (with fiscar notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
Dan Stencil, Executive Officer of Parks and Recreation, addressed the Board.
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosseiin, Greimel ; Hatchett,
Jackson, Jacobsen, Long, McGiDivray. Middleton, Nash, Potter, Potts, Runested, Sonwartz, Scott,
Taub, Woodward. Zack, Bullard, Burns. (26)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I NEW APPROVE 91E FOREGOING REMAIN
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5,
2010. witn the original -ecord thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 5th day of May, 2010.
gat
Ruth Johnson, County Clerk