HomeMy WebLinkAboutResolutions - 2012.05.02 - 20196(7-6,
MISCELLANEOUS RESOLUTION #12095 April 18, 2012
BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES — HOMELAND
SECURITY DIVISION — OUTDOOR WARNING SYSTEM EXPANSION — THE
TOWNSHIP OF HOLLY
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution
No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing
sirens to be utilized within the Oakland County Outdoor Warning System; and
WHEREAS the County has secured $29,366 from a 2008 UAS1 (Urban Area Security
Initiative) Grant to cover the cost of siren hardware, the normal 25% cost-share for the County
will not be applicable; and
WHEREAS The Township of Holly has agreed to pay the estimated $10,634 for the
installation of two sirens, the normal 75% cost-share for the C`vrT will not be applicable; and
WHEREAS the County will not be responsible for any portion of the total estimated cost
of $40,000; and
WHEREAS The Township of Holly, has executed the attached Tnterlocal Agreement; and
WHEREAS, consistent with the attached Interlocal Agreement, The Township of Holly agrees
that Oakland County will retain ownership of the sirens and will be responsible for the
maintenance and the electrical costs for said sirens purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Severe Weather Warning System Interlocal Agreement
with the Township of Holly and authorizes the Board Chairperson to execute the agreement on
behalf of Oakland County.
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 Township of
Holly.
CHAIRPERSON, on behalf of the General Government Committee, I move the adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Cc
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Gershenson and Hatchett absent.
THE TOWNSHIP OF HOLLY
TORNADO SIREN
BUDGET SUMMARY
Purchase of two warning sirens:
THE TOWNSHIP OF HOLLY $10,634.00
2008 UASI GRANT — Project #455 $29,366.00
OAKLAND COUNTY $ -0-
TnTAI nosT OF TWO siRENR: s40,000,00
Breakdown of siren costs:
$14,683.00 One Siren- Pole Mounted
Siren Model 2001 2-Way
Siren Controls
Batteries
Cable
Transformer, Rectifier
Decoder
Installation
Antenna
Battery Warmers
$ 5,317.00
Total $20,000.00 each
The above costs are based on quotes submitted by West Shore Services,
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
TOWNSHIP OF HOLLY
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This Interlocal Agreement ("the Agreement") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and the Township of Holly, 102 Civic Drive, Holly, Michigan 48442
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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 the 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
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.
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,
divisions, the County Board of Commissioners, elected and appointed
officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, volunteers,
and/or any such persons' successors.
1.3. Municipality means the Township of Holly, 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,
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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
this Agreement, and applicable changes in law, the County shall provide the
following:
2.1. Install two (2) sirens within the Municipality at the location designated by
the Municipality.
2.1. Provide for maintenance of the sirens.
2.1. Provide for electrical costs of the sirens.
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 ten-thousand, six-hundred and thirty-four dollars ($10,634) for the
installation of the sirens. Payment is to be made within thirty (30) days
after installation of the sirens.
3.2. Provide operational status reporting during siren tests (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
sirens.
3.5. If the Municipality, for any reason, fails to pay the County any monies
when due under this Agreement, the Municipality agrees, unless expressly
prohibited by law, that 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. 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. The Municipality waives any Claims
against the County for any acts related specifically to the County's
offsetting or retaining such amounts. This Section shall not limit the
Municipality's legal right to dispute whether the underlying amount
retained by the County was actually due and owing under this Agreement.
3.6. 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 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.
Page 2 of 6
3.7. 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
the Municipality to secure reimbursement of 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 the
Municipality.
4. DURATION OF INTER LOCAL AGREEMENT.
4.1. The Agreement and env emenrlmentc hereth she ll he effentivp 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 remain in effect until cancelled or terminated by
either Party pursuant to Section 6.
5. ASSURANCES.
5.1. Each Party shall be responsible for any Claim made against that Party by
a third party, and for the acts of its employees or agents arising under or
related to this Agreement.
5.2. Except as provided in Section 3.7, in any Claim that may arise under or
relate to this Agreement, each Party shall seek its own legal
representation and bear the costs associated with such representation,
including any attorney fees.
5.3. 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
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5.4. Except as otherwise expressly provided in this Agreement, neither Party
shall be liable to the other Party for any consequential, incidental, indirect,
or special damages of any kind in connection with this Agreement.
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
cancellation. The effective date for termination or cancellation shall be
clearly stated in the notice.
6.2 The Parties shall not be obligated to pay a cancellation or termination fee,
if this Agreement is cancelled or terminated as provided herein.
Page 3 of 6
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 system, if the Municipality has failed to reasonably comply,
within the County's 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 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, contractual 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 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.
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
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.
14. 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.
Page 4 of 6
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 subsequently affect 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 r. A InTi K] e Tk,"nne-4 Errikr.src nonfinno onH am, inHov I . OG,,LIVE I CAI 11/4-1 1 IUI I u.aLAFLILII LI, LAI LIlly th
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. 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 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, Building 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.
18.3 Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
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 Agreement must be in
Page 5 of 6
gent unicipality
writing and agreed to by both Parties. Unless otherwise agreed. the modification,
amendment, recission, 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 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 all actions and secured all approvals necessary to authorize and
comple \this Agreement. The persons signing this Agreement on behalf of each Party
ye 1,% rauthority to sign this Agreement and bind the Parties to the terms and
cdvolition critned herein.
Date
Chairperson, Oakland County Board of Date
Commissioners
3 I 33
Page 6 of 6
Pledge of All
Roll Call:
Approved:
Presentation:
No Action:
Approved:
Approved:
Denied:
No Action:
Approved:
11 r, n, ‘ f•-
• ' ' ',/ /1, \I ,, ti , , LL4---}
arm n S. Winchester, CMC
Holly Township Clerk
HOLLY TOWNSHIP BOARD OF TRUSTEES
MARCH 21, 2012
REGULAR MEETING SYNOPSIS
egiance.
Supervisor Lambert, Trustee Leslie, Treasurer Freeman and Trustee Ruth.
Clerk Winchester Excused.
Consent Agenda As Amended,
Tracy McGee — Oakland County FILS.
Township Properties Overview.
Weather Siren Interlocal Agreement.
2012 Dust Control.
Village Water/Sewer Resolution.
Noxious Weeds RFP,
Land Combination for Holly Township Parcels Proposed Resolution 2012-05.
The minutes of all regular and special Holly Township Board of Trustees meetings are on file 8
business days after a meeting and may be reviewed at the Holly Township Clerk's Office, Holly
Township Hall, 102 Civic Drive, Monday through Friday, 9 a.m. to 4 p.m. except holidays. The
next regular meeting of the Holly Township Board of Trustees will be held on Wednesday, April
18, 2012 at 6:30 pm. or as soon as possible thereafter at the Holly Township Hall.
( Print: April 4, 2012
_....----"tri-County Times
,
JesSe 'Lambert
Holly Township Supervisor
Thompson Rd Evans Rd
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Belford Rd =I Belford Rd
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Gage Rd Mitchell Rd
Kurtz Rd
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Lahrinti Rd
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Elliot Rd cn
Tinsman Rd
Whistle St
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Hotly Township
January 2012
Map created by Oakland County Homeland Security
for:planning Purposes Only.
Model
2-Way/20o1
2-Way/Modified
a.
Modified
, Thunderbolt/Modified .
hngi„ LJ
tiON5 Oakland County
Outdoor Warning Sirens
Resolution #12095 April 18, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC . #12095) May 2, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES / HOMELAND SECURITY DIVISION —
OUTDOOR WARNING SYSTEM EXPANSION —THE TOWNSHIP OF HOLLY
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 approves an interlocal agreement between the County and Holly Township to
purchase two (2) warning sirens and become part of the County's centrally activated outdoor
warning system.
2. The total cost of the sirens is $40,000.
3. Funding in the amount of $29,366 has been secured from the 2008 Urban Area Security
Initiative (UASI) Grant to cover the estimated cost of the siren hardware.
4. Holly Township has agreed to pay the remaining portion of the estimated siren cost in the
amount of $10,634.
5. The County will retain ownership and be responsible for any maintenance and electrical cost
of the sirens.
6. Funding for this expense is available in the FY 2012 Homeland Security budget.
7. No budget amendments are necessary.
commitT.EE./
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12095 May 2, 2012
Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack,
Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying report accepted).
I HEREBY APPROVE NE FOREGOiN6 RESOLUTION
ACTING PURSUANT TO 1373 PA
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 2,
2012, 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 County of Oakland at
Pontiac, Michigan this 2 nd day of May, 2012.
(94.
Bill Bullard Jr., Oakland County