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HomeMy WebLinkAboutResolutions - 2017.01.26 - 22751MISCELLANEOUS RESOLUTION It17006 January 26, 2017 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - MEMORANDUM OF UNDERSTANDING WITH THE OAKLAND COMMUNITY COLLEGE ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County will provide space in the Emergency Operations Center (EOC) for Oakland Community College (OCC) to operate if the OCC EOC is not available; and WHEREAS Oakland County supports all local communities through planning, response and recovery efforts; and WHEREAS this Memorandum of Understanding (MOU) defines a working relationship between the Oakland Community College and Oakland County; and WHEREAS the MOU has been reviewed and approved by Oakland County Corporation Counsel (2016- 0347); and WHEREAS there is no funding required or obligated for this MOU. NOW THEREFORE BE IT RESOLVED that the Oakland County Boards of Commissioners approves the attached Memorandum of Understanding between the Oakland County and Oakland Community College. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to sign the Memorandum of Understanding, BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner Christine Long, DArict #7 Chairperson, General Governm&tCommittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Gershenson absent. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum") is made between Oakland County, a Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and Oakland Community College, 2480 Opdyke Road, Bloomfield Hills, Michigan 48304 ("College"). In this Memorandum, the County and the College may also be referred to individually as "Party" or jointly as "Parties." Purpose of Memorandum. The County operates an Emergency Operations Center ("EOC") and the College operates its own Emergency Operations Center ("College EOC"). The purpose of this Memorandum is for the County to provide space for the College for operation of the College EOC if the College is unable to operate the College EOC. Through this Memorandum, the College will be better prepared to serve its five campuses and other location(s) (all located in Oakland County) in a time of crisis by taking the proactive step in locating alternative space to operate the College EOC. The Parties agree to the following: 1. Obligation of the Parties: A. The County shall use its best efforts to provide the College space to operate the College EOC, if the space originally designated by the College for operation of the College EOC is unusable for any reason. B. In addition to space for the operation of the College EOC, the County will use its best efforts to provide the following items to the College when using the space: OakNet lines; telephone lines; access to the College's closed circuit television feed; laptop or desktop computers; internet access; emergency power for operation of the space; wideband antennas; 24x7 access to the space; and use ofthe EOC Software_ C. College EOC staff, while at the EOC, will wear and display appropriate County provided identification at all times, and may be subject to a security check and clearance by the County. 2. Notification Process. The Parties will create a process to notify the County when space is needed for the operation of the College EOC. 3. Liability. Each party shall be responsible for acts of its employees and agents, the costs associated with those acts, and the defense of those acts. 4. Reservation of Rights. This Memorandum 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. 5. Financial Responsibilities. There shall be no costs to the College for use of the space for operation of the College EOC and the other items listed in Section 1(B), unless there are costs that exceed normal operation costs to the County for operating the EOC. If there are costs which exceed normal operation costs, the College will be responsible for payment of those costs so long as they are costs reasonably incurred by the County as a result of the College's use of the EOC. 6. Duration of lnterlocal Agreement. This Memorandum shall be effective when executed by both Parties and shall remain effective until canceled or terminated by either Party as provided for in Section 7 this Memorandum. 7. Termination or Cancellation of Memorandum. Either party may terminate or cancel this Agreement for any reason upon 30 days written notice to the other Party. 8. 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 Memorandum. 9. Severability. If a court of competent jurisdiction finds a term or condition of this Memorandum to be illegal or invalid, then the term or condition shall be deemed severed from this Memorandum. All other terms, conditions, and provisions of this Memorandum shall remain in full force and effect. 10. Governing Laws. This Memorandum shall be governed, interpreted, and enforced by the laws of the State of Michigan. 1. Memorandum Modification. Any modifications, amendments, recessions, waivers, or releases to this Memorandum must be in writing and agreed to by both Parties. 12. Entire Agreement. This Memorandum represents the entire agreement and understanding between the Parties. This Memorandum supersedes all other oral or written agreements relating to the EOC and College EOC between the Parties. OAKLAND COMMUNITY COLLEGE Dated: COUNTY OF OAKLAND By: Michael J. Gingell, Chairperson Oakland County Board of Commissioners Dated: RESOLUTION CONFIRMING USE OF OAKLAND COUNTY'S EMERGENCY OPERATIONS CENTER FOR OAKLAND COMMUNITY COLLEGE WHEREAS Homeland Security has undertaken substantial efforts and initiatives to enhance the emergency preparedness posture with the CVT's, Colleges, and first responder communities; and WHEREAS once a disaster or emergency affects Oakland County, activation of the Emergency Operations Plan (EOP) will occur, and the Oakland County Emergency Operations Center (FOC) is opened as a central point to coordinate response and recovery activities; and WHEREAS Oakland Community College conducted a vulnerability analysis on the overall operations necessary to respond to catastrophic incidents, and the need for an alternate EOS (College BUS) was identified; and WHEREAS if the Oakland County emergency coordination facility (E0C) is available when an incident occurs impacting Oakland Community College, a backup facility is necessary for designated representatives to coordinate response and recovery to the disaster or emergency; and WHEREAS the College has executed a Memorandum of Understanding with the County to allow Oakland Community College to use the EOC as an alternate; and WHEREAS Oakland County Homeland Security and the Department of Corporation Counsel have developed the Memorandum of Understanding; and WHEREAS, the Oakland County Risk Management Division and the Oakland Community College Risk Management Department have reviewed the Memorandum and have no objections. NOW THEREFORE BE IT RESOLVED that the attached Memorandum of Understanding is approved. By: Oakland Comrnunity'r ollege On behalf of the OCC Board of Trustees, I move the adoption of the foregoing resolution. Date 72nj .261 Resolution #17006 January 26, 2017 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochertderfer, KowaII, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45 '.559A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 January 26, 2017, 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 26th day of January, 2017. Lisa Brown, Oakland County