HomeMy WebLinkAboutResolutions - 2012.12.13 - 20635MISCELLANEOUS RESOLUTION #12300
BY: GENERAL GOVERNMENT COMMTTEE, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES - HOMELAND
SECURITY DIVISION — OUTDOOR WARNING SYSTEM EXPANSION —
HOLLY TOWNSHIP
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 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 Holly Township, has executed the attached Interlocal Agreement; and
WHEREAS Holly Township has agreed to pay seventy-five percent of the total estimated
cost of two sirens; and
WHEREAS, consistent with the attached Interlocal Agreement, Holly Township 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 Holly Township 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 Holly Township.
CHAIRPERSON, on behalf of the General Government Committee, I move the adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
THE TOWNSHIP OF HOLLY
TORNADO SIRENS
BUDGET SUMMARY
Purchase of two warning sirens:
HOLLY TOWNSHIP (75%) $34,500.00
OAKLAND COUNTY (25%) $11,500.00
TOTAL COST OF TWO SIRENS: $46,000.00
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
HOLLY TOWNSHIP
This Interlocal Agreement ("the Agreement") is made between Oakland County,
a Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and Holly Township, 102 Civic Drive, Holly, Michigan
48442 ("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 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 Holly Township, 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 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.
2.2. Provide for maintenance of the sirens.
2.3. 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 thirty-four thousand, five hundred dollars ($34,500) for the installation
of two sirens. Payment is to be made within thirty (30) days after
installation of the sirens.
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
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, 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 shall 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 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 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
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.
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.
B. 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.
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.CAPT1ONS. 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. 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
writing and agreed to by both Parties. Unless otherwise agreed, the
modification, amendment, reciss ion, 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
uthorized Agent of Municipality
person, Oakland County Board of Date
Commissioners
Date
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 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 corrkained herein.
HOLLY TOWNSHIP BOARD OF
OCTOBER 17, 2012 'ahL-1-''''Jj
REGULAR MEETING SYNOrM„ 22 A
Pledge of Allegiance.
Roll Call: Supervisor Lambert, Clerk Winchester, Treasurer Freeman, Trustee Leslie
and Trustee Ruth.
Approved: Consent Agenda.
Approved: Tornado Sirens.
Approved: Historic Designation Request for Holly Township Parks Heritage Farm,
Approved: Holly Area Youth Assistance Bylaws — Proposed Resolution 2012-17.
Approved: November Newsletter.
Approved: Academy Rd. Sidewalk.
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 Truses will be held on Wednesday,
November 21, 2012 at 6:30 p.m. or as soon as possible thereafter at the Holly Township Hall.
_
. .---Th,
,., , • .„, tt,,,.._
•
,tudi-Dt/
;3 1\'
, , ,
Kd rin S. Winchester, MMC Jess / Holly Township. Clerk Hol
Print: October 24, 2012
Tr-County Times
upervis
\i
oi
Ray KO:-
BE 11 co 0 Thompson Rd Evans Rd
Belford Rd
Mitchell Rd
Kurtz Rd
nRd
Bramblevii
Tinsman Rd
] • ••.--.0V
•:: . '',Y$1': ,o.,-,,....- ,.... ..40r01...E.1W" 7 L
' r a.r‘e
,.....i..,..........."' - . , i . Cr' _
......„--•,8',.• - -:,...,.....4Pa•k .4t1 '••:.-,!;-•-41,. ••- .- bAkw.00d _.-1
.---------- -(it• • • •"-'7 '4--r-i:-._.-,..:••, i''. • 'ir• 5-.F..
4•••••••••••••• • • .-
J.r...nn ,•°. •M--..
Er' • ' - 0 \ •• roc l• 0::::.•°..-7-7 . • -.,J.7j--r-i \
. I l'. 0 \-A411 • Al.. ,., •nT , A4:-.- ,'" . • -- —1 . :•.,. .... . e. .
oc - W.histle 'St' p \., • -Ci ' ':"Ttlirtr. •• ••. : ,--1,----,-•r :.f..,, „( ct ,
-• . Ri er+e .;,. /. . 1 - North ° *""."-÷-- ••r"-.1— :.:'
.'lx li • r-, .
lj "7 -1 ' 'Pe` • . • -----.. PJ/ T.T'---1 1E7 • 5\71PV-
• ••••• . L. -)ci• 0 -1--o x. •'. -,E. 1...
x
............
. •so° -
"I; ••• .I!' .4'.'•'':;),>-...--14 • • ' • -•.' ' - '-':' *:.f ( a) . 0.--- ,Srb ( - ??/- HY 01 • , E HoIN.T2 .... . ° fr--rfer '..m" . • ,...,,,, r.....-....;- --,,,...._, .•...-4,...•...,•-i- ••• , .--•••,--- -. •_..:.••_. .,.. _;;;.::,•-.,,,„....,_,„.,,*,....._. - _r_,... ...,... .,„„;
. •21—
... s. ,. ..- 1-t. • - :•.,r; co. — • 1-...-
• - .'"(--1.1 11 -, -• .L • -.-r-
1. . . . -. . ...\.< e .1 -. 1 1 \\
1 `.... I f. _10.,— tt. ,,, n.,.
...)---, s.,,,,,,,
i
....-•-,%•"...- -• -: - :••••-'171Q•14'5..e-r-S--•-•-•.:•.,-.7-'. .--...:..v ..:'....,::•.,•:.-..••• ,•- - •,,,„ 172I,:..,:-..•,...,....::•:.•lc...::7.4 .!,...,,..---...:. --/..• 1 .
1
-•V-----.... • • °.• )- .. hitè . • . \ - ::'.::!::, . e- 4---'n rrk 1 lici::•••11j--"' II
-Jt'l
c;,,'I .. . ......, _.
— ..,....,..„ ...... 1 .. .... . .. ,...,.. . .\,.. A"... •ii[:, -,-,1. _:,,..._ ..•• .,......:.:::.....F,.., ,.L.I.:.. .-.. •• • . • • :. ..... .. .. .11.:::....: ......:.• - . • • .. .. .... . . .
/
4 24/ayi2OC:1
2-WasilMod:fied
• Modified.
rhu -
Holly Township
i'january::2012::
flOriterdnif
Beard Rd
for Planning Purposes Only_ -
16.1„3 rex) Le (eche,r)
Oakland County let To 6e, bei-rwrviiviecz
Outdoor Warning Sirens
Resolution #12300 November 28, 2012
The Chairperson referred the resolution to the Finance Committee, There were no objections.
FISCAL NOTE (M. R, #12300) December 13, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES / HOMELAND SECURITY DIVISION —
OUTDOOR WARNING SYSTEM EXPANSION — HOLLY TOWNSHIP
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 the 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 $46,000.
3. Holly Township has agreed to pay $34,500, which is seventy-five percent (75%) of the
estimated cost of the sirens.
4. The County of Oakland will pay $11,500, which is twenty-five percent (25%) of the estimated
total cost.
5. The County will retain ownership and be responsible for the maintenance and electrical costs
of the sirens.
6. There are a sufficient number of sirens available in inventory allowing for the installation at
Holly Township.
7. No budget amendments are necessary.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12300 December 13, 2012
Moved by Crawford supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingen, Gosseiin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (24)
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).
EBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 December
13, 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 13 th day of December, 2012.
Bill Bullard Jr., Oakland County