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HomeMy WebLinkAboutResolutions - 1999.08.19 - 25607August 19, 1999 REPORT MR #99194 BY: GENERAL GOVERNMENT COMMITTEE -Shelley G. Taub, Chairperson RE: Emergency Management - Amateur Radio Public Services Corps (ARPSC) Permit to Occupy Road Commission Tower To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee having reviewed the above referenced resolution on August 11, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report, GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on unanimous roll call vote with Dingeldey absent MISCELLANEOUS RESOLUTION # 99194 August 5, 1999 PUBLIC SERVICES COM 47Z. BY: PUBLIC SERVICES COMMITTEE, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - AMATEUR RADIO PUBLIC SERVICES COPRS (ARPSC) PERMIT TO OCCUPY ROAD COMMISSION TOWER TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS amateur radio volunteers provide for radio operations for emergency communications purposes during periods of local, regional, or national emergencies or disasters; and WHEREAS the Oakland County Amateur Radio Public Service Corps (ARPSC) provides vital primary and secondary communications links, severe weather spotting, and test monitoring for Oakland County Emergency Management and the local political subdivisions within Oakland County; and WHEREAS the Oakland County ARPSC currently relies upon privately owned repeaters for communications with extremely limited coverage and access; and WHEREAS the Road Commission for Oakland County has offered tower space with back-up power for an antenna and repeater to allow for county wide coverage; WHEREAS the Road Commission for Oakland County has requested the County of Oakland to sign a Permit to Occupy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the Permit to Occupy with the Road Commission for Oakland County. CHAIRPERSON, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Moffitt and Dingeldey absent. PERMIT TO OCCUPY This Permit, dated the day of , 1999, between the Board of County Road Commissioners of the County of Oakland (RCOC) and the County of Oakland (County) provides as follows. WHEREAS, the Board of County Road Commissioners of the County of Oakland, a Michigan Statutory Public Body Corporate, is the owner of a parcel bearing Tax I.D. NO. 14-01- 100-001, located near the intersection of Dutton and Bald Mountain Roads in the City of Auburn Hills, Michigan, upon which is erected a remote radio antenna (the Antenna); and WHEREAS, the County of Oakland, a Michigan Constitutional Corporation operates the Oakland County Emergency Management Services, which services include the provision of a radio transmitter/repeater system for the Amateur Radio Public Service Corps., a volunteer communications agency which provides communication for emergency services when telephone systems are interrupted or overloaded in time of emergency such as power failures or severe weather emergencies; and WHEREAS, the County has requested permission of the RCOC to install a radio transmitter/repeater on the RCOC's antenna. NOW, THEREFORE, IT IS AGREED between the parties as follows: 1. The RCOC hereby permits the County, on a non-exclusive basis, to occupy its antenna for installation and operation of a radio transmitter/repeater as more particularly described in Exhibit A, attached hereto. 2. The County shall, at its own expense, provide and maintain telephone line access, emergency power and all other incidentals necessary for installation and maintenance of the transmitter/repeater. Any contractors utilized shall provide insurance certificates naming the RCOC as an additional insured. 3. The County agrees to assume total and exclusive responsibility for the design, construction, maintenance, repair and restoration of the radio transmitter/repeater for so long as the installation may exist, including any telephone and utility costs. If, for any reason, this permit is revoked, the County agrees to remove the transmitter/repeater and to restore the property where the tower is located to a condition reasonably similar to that prior to the installation. 4. A. All liability, loss or damage as a result of claims, demands, costs or judgments arising out of activities to be carried out pursuant to the obligation of the County (including liabilities arising from equipment owned or operated by the County pursuant to this Contract) shall be the responsibility of the County, and not the responsibility of the Road Commission, if the liability, loss or damage is caused by, or arises out of County owned or operated equipment or the actions or failure to act on the part of County, its employees, officers or agents. Nothing herein shall be construed as a waiver of any governmental immunity for the County, its agencies or employees as provided by statute or modified by court decisions. B. All liability, loss or damage as a result of claims, demands, costs or judgments arising out of activities to be carried out pursuant to the obligations of the Road Commission under this Contract shall be the responsibility of the Road Commission and not the responsibility of the County if the liability, loss or damage is caused by, or arises out of, the action or failure to act on the part of Road Commission, its employees, officers or agents. Nothing herein shall be construed as a waiver of any governmental immunity for the Road Commission, its agencies or employees or as provided by statute or modified by court decisions. C. Nothing in the preceding subsections (A and B, above) shall be construed to require either Party to indemnify the other against any possible loss or claim described therein. This subsection C shall not be construed to supersede subsections A and B. 5. The County shall comply with all RCOC security measures required for the antenna and building. It is understood that the County intends to allow access to specific authorized members of the Amateur Radio Public Service Corps to install and maintain the radio transmitter/repeater installation. 6. The County and its agents, including members of the Amateur Radio Public Service Corps, will coordinate activities with RCOC activities on the site, and, suspend activities upon notice that the RCOC requires use of the antenna facility. 7. This permit shall extend until such time as the parties mutually agree to terminate it. The RCOC reserves the right to revoke the permit because of a default in any 2 condition of this permit, if it finds that the property is needed for other RCOC purposes, or should it desire to sell said property. 8. The purpose of this Agreement is to perform a governmental purpose. It is the intent of the parties hereto that this Agreement shall not waive the defense of governmental immunity possessed by the parties. 9. This Agreement is not for the benefit of any third party. 10. In accordance with 1976 PA, as amended, and 1976 PA 209, as amended, the parties hereto covenant not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status, or because of a handicap that is unrelated to the individual's ability to perform the duties of a particular job or position, and to require a similar covenant on the part of any sub-contractor employed in the performance of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Permit to be signed by their duly authorized officers on the date first set forth above. WITNESSES BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND By: Its: COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Its: Permits/permit to occupy.baldwin 3 EXHIBIT A Radio Repeater System Installation and operation RCOC Bald Mountain Road Site • The County will, at its expense, install an amateur radio repeater system and remote control links on an existing antenna tower at the Bald Mountain site, in accordance with the attached drawing. The main antenna would replace an existing RCOC antenna at the 70 foot level of the tower. • The County will install two metal, free standing, cabinets inside the existing structure on the property. • The County will provide any required repairs on an existing backup electrical generator. • The RCOC will permit entry into the existing RCOC building on the site on an irregular basis. The RCOC will provide to the County a key and appropriate alarm code knowledge. All County and RCOC security requirements will be maintained by the County. 4 Resolution #99194 August 5, 1999 The Chairperson referred the resolution to the General Government Committee. There were no objections. a W: William Caddell, County Clerk Resolution #99194 August 19, 1999 Moved by Douglas supported by Palmer the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted (with accompanying reports accepted). HEREBY ncricts Y '` • _ IL Brooks Pa , mon, County Executive SOLUTION Dade STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 August 19, 1999 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 19th day,of August, 1999.