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HomeMy WebLinkAboutResolutions - 2010.11.18 - 10252MISCELLANEOUS RESOLUTION ft10306 November 18, 2010 BY: GENERAL GOVERNMENT COMMTTEE, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES/HOMELAND SECURITY DIVISION — OUTDOOR WARNING SYSTEM EXPANSION — COMMERCE TOWNSHIP TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Ms. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous resolution No.'s 7865. 7971, and 8664 accepted federal pants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share 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 for the maintenance and electrical costs for the sirens purchased; and WHEREAS Commerce Township has executed the attached Interlocal Agreement; and WHEREAS Commerce Township has agreed to pay seventy-five percent of the total estimated cost of four sirens: and WHEREAS, consistent with the attached Interlocal Agreement, Commerce Township agrees that Oakland County will retain ownership of the sirens and will he responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE 13E IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached severe Weather Warning System Interlocal Agreement with Commerce Township. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and Commerce Township. CHAIRPERSON, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT Motion carried unanimously on a roll call vote with Jacobsen, Capella and Hatchett absent. COMMERCE TOWNSHIP TORNADO SIREN BUDGET SUMMARY Purchase of four warning sirens: COMMERCE TOWNSHIP (75%) $69,000.00 OAKLAND COUNTY (25%) $23,000.00 TOTAL COST OF FOUR SIRENS: $92,000.00 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 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND COMMERCE TOWNSHIP This Interlocal Agreement ("the Agreement') is made between Oakland County, a Constitutiona, and Municipal Corporation, 1200 North Telegraph., Pontiac, Micnigan 48341 ("County''), and Commerce Township, 2009 Township Dr:ve, Commerce, Michigan 48390 ("Municipality). In this Agreement, the County ang the Municipality may also be referred to individually as "Party" Of 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 the purpose of adding the Municipality to the County's outdoor warnng systerr . 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 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 fdiows. 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 in settlement, which, are imposed on, incurred by or asserted against the County, its employees or agents, whether such Claim is brought in law or equity, tort, contract, or otherwise. 1,2_ County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, any and all of its departments, d.:visons, the County Board of Commissioners, eec.ted and appointed officials, directors : board members, council members, conin:nissioners, authorties, committees, employees, agents, subcon:racto's, vaurteers, and/or any such persons' successors. 1.3. Municipality means Commerce Township a Constitutional Corporation induoind, but not limited to, its Council, any and al of its departments, its ci:ysions elected and appointed officials, directors, board members, cciuncil members, commissioners. a„thoties. committees, employees, agents, subcontracto!-s, vo:unteei-s, ano/cr any such persons successors. 2 COUNTY RESPONSIBILITIES. Subject to toe terms and conditions contained ths Agreement : and applicab,e changes in law, tne Coury sa ,crovide the fo:Jewng: 2.1. instal fox- ;4) si rens w'thin tne Municipality at the locations cesigna.ted by the Muntipait\i'. 2.2. Provlde for maintenance of the sirens. 2.3. P7ovide for eectricai Gusts of the sirens. 3. MUNICIPALITY'S RESPONSIBILITIES. Subject to the terms and conditions contareci n this Agreement, and applicable changes in law, the Municipality shaii provide the following: 3.1 Pay sixty-n!ne thousand dokars ($69,000) for toe nstallation of tie sirens. Payment is to be made within thi -ty (30) days after installation of The sirens. 3.2 Provide operational status reportTig during tne 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 wid retain ownership of the sirens. 3.5 To the maximum extent provided by law, if there is any amount past due under this Agreement, the County has the right to set-off that amount from any amount due to the Municipality from the County, inc,uding, but not limited to distributions from the Delinquent Tax Revolving Fund. 4. DURATION OF INTERLOCAL AGREEMENT. 4.1. The Agreement ar.d any amendments hereto snail be effective when executed by path Parties witn resolutions oassed by the governing bodies of each Party, and when toe Agreement is filed with the Clerk of each County where the Parties are located. The Agreement shall oe filed with the Secretary of State of the State of Michigan pursuant to MCL 124.510. 4.2. Th.s Agreement shall remain 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 Ulose acts : and tne defense of :nose acts. 6 TERMINATION OR CANCELLATION OF AGREEMENT. 6.1 Ether Party may terariate or cancel this Agreement for any reasol upon tnirly (.30 . days notice Liefore the effec'jve date of terminator. or cancellation. The effeave oate for termna!ion or cancellation shall be c.early stated ,r, the notice. 6.2,The, Pates snail not he obligate° to bay a cancellation or ternination fee, if this Agreement s cancel;ed o te7rinated as preVdea heren 7 SUSPENSION OF SERVICES. Upon notice 7.c tne Municipal,ty. the County may ,mmeciate;y susberc This Agreement or tne iulcpalitys particpaticn the outdoor warlinc-,1 system if the Municipaht'y nas faileq to reaso7ab;v como ,y, withdl. the County's discretion, with federal, state, o local law, or any recuirerrents contained in this Agreement. The right to suspend services is in additon to tne right to term:nate or cancel this Agreement contained in Section 6. The County shall inaz no penalty, expense, or !iabi!ity if services are suspended under this Section. 8, NO THIRD PARTY BENEFICIARIES. Except as provded for the .benefit of the Parties.. this Agreement does not and isintended to create any obligation, duty, promise, contractual right or benefit, right to indemnlication, right to subrogation and/or any other right, in favor cf any other person or Municipality. 9. COMPLIANCE WITH LAWS. Each Party shad 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, 0. DISCRIMINATION. The Parties shall not discrimlnate against their empioyees, agents, applicants for employment, or another persons or entities witn respect to hire, tenure, terms, conditions, and privileges of empioyment, or any matter directly or indirectly related to employment in violation of any federal, state or ocal law. . 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 ano/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 no:, 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 ofevented from penrcrming due to causes beyond such Party's control, including, but not !imitec to, an act of God, war, acts of government (other than the Parties'), t,re, strike, labor dsoutes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable contro! of the affected Party. Reasonable notice shall be given to the affected party of any such event. 4, DELEGATION/SUBCONTRACT/ASSIGNMENT, A Party snail not delegate. subcontract. widior assign any ob!igations or rights under this Acreement without the plor written consent of the other Party: A delegation, subcontract and/or assignment made without the prior written consent of the other Party :s void. I. 5. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or deia.y by a Party to nursue or enforce any rights or remedies under this Agreement shad constitute a waver of those rights with regard to any existing or subsequent breach of tits Agreement. No waiver of any term, condition, or -.)rov;sion of .A.gre.e:mert. whetner by ccnC,ct otnerwise. :n one or more .'nstances. sha'l be deemed or constied as a c:ohtTuing waver of any tern. condition c!` .::!'-ovisicr of M.5 Agreement. No waiver by either Party shall suosegL'.entiy affect its nght to require strict benformance of this Agreement. 16.SEVERABILITY. If a court of competent jurisdiction finds a term, e!' condition, of th's Agreement to be i'legal or invahd. Then the tern, or comtion, sha.l be ceerned severed from this Agreement. Al other terms, ocrdWors, and provisions of tfts Agreement snal remain :n fud force, 7. CAPTIONS. The section and subsection numbers, capons. and any r7c'e'x to such sections and subsections contained fl tnis Agreement are intended for the convenience of the reade and are not intended to nave any substantive meaninr. 18. NOTICES. Notices given under this Agreement shall be in writing and shaii oe personaly 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 actua 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 Home;ard Security Division, 1200 N. Teiegraph, County Servi ce Center, Pontiac, MI 48341 and Chairperson of the Oakland County Board of Commissioners. 1200 North Telegraph, Building 12 East, Pontao, Michigan 48341. 18.2 f Notice is sent to the Municipality, it snail be addressed to: The Chie' Elected Official of the Municipality at the address listed on the first :page of this Agreement. 18.3 Either Party may change the address and/or indivicual to \union Notice is sent by notifying the other Party in writing of the change. •:9GOVERNING LAW/CONSENT TO JURISDICTION. This Agreement shafl be governed, interpreted, and enforced by the laws of the State of Micftgan. 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 snal: be brought in the Sixth Judicial Grcu4 Court of the State of Michigan.. the Fifth District Coo-, of the State of Michigan. or the United 5tates Distndt Cowl or the Eastern Distr:c of Mthigan, boutnern Division, as cricti.:et by the appiicaifte jurisdiction of Vie court: 20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modificatrors -c.in•!endments. reo.ssiors. waivors. or releases to this Agreerr,ent must de !n writin•and agreed to by both Par.ie..-_; Un.oss othicryvse agreed. the modification, ;-Imendir,ent. recisslon. waiver. cy - .eease snail be sgned by trc same persons who signeK: the AfTee.:--ent or etne.r as authcnzed ny the Parties' gover...‘.,ng body. 21. ENTIRE AGREEMENT. J's -epreso7.ts tne entire Agreeirc-it and ',.,rtcierstariong between the Pates. This Agreement superceces oraii a' written Agreements be,l_ween the Partes yeVo ...„5 sVen purchase agreements. The language of this Agreement shall be construed as wnole adcordng :o its fafr meah;ng.. and not construed stfttly for or aganst any Partly'. The Parties have taken all actions and secured all a;...-fprcvais necessary' to aLtholze and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Authorized Agent of Municipality Date Chairperson, Oakland County Board of Date Commissioners • RESOLUTION approving Grant funds obtained from the State of Michigan through FEMA (Federal Emergency Management Agency) to be allocated for weather siren (Presented at the Regular Township Board meeting held on September 14 91, 2010) WHEREAS, the County of Oakland has a written Hazard Mitigation Plan with the Charter Township of Commerce: WHEREAS, the Grant funding secured under the Pre-disaster Mitigation Program Grant will be used for the installation of four (4) weather emergency sirens within Commerce Township coordinated by Oakland County Emergency Management: WHEREAS, the Township has agreed to accept the installation of these sirens and to pay an amount equal to 75 percent of the cost of installation with Grant funding up to $66,000: NOW THEREFORE, BE IT RESOLVED that the Township Board hereby authorizes the use of these Grant funds for the purchase and installation of these weather sirens. AYES: Zoner, Abrams, Gross, Sovel, Kirkwood NAYES: None ABSENT: Long, Munro RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) ) ss COUNTY OF OAKLAND ) I, undersigned duly qualified Township Clerk of the Charter Township of Commerce, Oakland County, Michigan, do hereby certify that foregoing is a true and complete copy of the proceedings taken by the Township Board of the Charter Township of Commerce at a meeting, held on the 14th day of September, 2010, CHARTER TOWNSHIP OF COMMERCE / .. . , . , / 1 -.?---,-1-,'----..v, - - ?</.---_.,,', Sandia Abrams, Clerk - Charter Township of Commerce Dated: September 15, 2010 V1/40Y1Male. C Louok- CO LENDALE L aim()4 ' :1 L.„,.. J ... ....''• • •,' - -' • g' .te ( - ,Y,,ztKt9i I-- Ll E • .1!'371 I LAKE •-cf j - 1 - `• 1.4LE r I - • - ' \ 19*-1Cc'.-Klr „.:4. A ).4KAPLE f \\\ ,- • ' \ /41, \ . ,. •-• , / l',...., 6., \ r. / '`t.; L, /. ' ' - - . . J\ 4! i---IL„,---- ---``./-. __ Di 3 1-1 . . 4,,...._ • _ : J,,:,,. 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' r°0 • -1---% .;.?••"' . , ‘T?."-.."4.41.(ir.77:••• rtYVE-i , 4, 4 - c-- RIG —7 7- j,....7..:::5-' • •_.•_: .-,.,....1= .- 1 1- fr. -',.... .,t.e.: -1° -7 ,..:,=_(,„ -,-(.144, \ ; . :i... r ---. ri- tL . 1 Map Created for Planning Purposes Only by Model 2-Way/2001 2-Way/Modified • Modified Commerce Twp September 2010 L1 i‘k.kt.) sikcco LI._oce.c1 .011/4.),5 . . )003 ,14‘400- kk tfi i% Oakland County if•' 4v)(p.:" t .„ a Outdoor Warning Sirens IC' 1 2.1 IQ ': HOMELAND SECURITY SENSITIVE INFORMATION NOT FOR PUBLIC DISSEMINATI ,-.' ); --- / .„ , • l‘r VC, — -e— ,..• • , -\\Ar ,L HID I S , r„...- ,../. _,..-.3c, .___..,.,, ,R.,.._..,,,...$0.L.,...:4:: 6 , ,..1t'...__ 3/4 sLEE-!LI-I • n . - .V..1.. ; _ — , . C 1-1 I ,....DWAEF•CE ,•IS 4.1/2-r / / UJR; . / r I =mu. I , T-113: 7 TQL,AT — HICtA aeMtelft) , , _ fich.st Utokrefk 41- tkk,- 5.3'LDO :11 r L • --1 Resolution #10306 November 18, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections.