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HomeMy WebLinkAboutResolutions - 2004.07.22 - 27537MISCELLLANEOUS RESOLUTION # 04168 July 22, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD IN RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS MEMORANDUM OF UNDERSTANDING FOR USE AND OPERATION OF EMERGENCY OPERATION CENTERS TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS due to the events of September 11, 2001, the Emergency Response and Preparedness Division (ERP) has reviewed the County-wide operational readiness posture; and WHEREAS ERP has undertaken substantial efforts and initiatives to enhance the emergency preparedness posture with the CVTs 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 (EOC) is opened as a central point to coordinate response and recovery activities; and WHEREAS a vulnerability analysis was conducted on the overall operations necessary to respond to catastrophic incidents, and the need for an alternate EOC was identified; and WHEREAS if the Oakland County emergency coordination facility (EOC) is not usable when an incident occurs, a backup facility is necessary for designated representatives to coordinate response and recovery to the disaster or emergency; and WHEREAS the City of Troy has agreed and executed a Memorandum of Understanding to allow the County of Oakland to use the City EOC as an alternate; and WHEREAS through the execution of this Miscellaneous Resolution, the County of Oakland will agree and execute a Memorandum of Understanding to allow the City of Troy to use the County EOC for an alternate. WHEREAS Emergency Response and Preparedness and the Department of Corporation Counsel have developed the Memorandum of Understanding; and WHEREAS, the Oakland County Risk Management Division has reviewed the Memorandum and has no objections. NOW THEREFORE BE IT RESOLVED that the attached Memorandum of Understanding is approved, and the Board of Commissioners authorizes the Chairperson of the Board of Commissioners and the Oakland County Executive to sign the Memorandum. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. SERVICES CO ITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum") is made between Oakland County, a Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and the City of Troy, a Municipal Corporation, 500 West Big Beaver Road, Troy, Michigan 48084 ("City"). In this Memorandum, the County and the City may also be referred to individually as "Party" or jointly as "Parties". Purpose of Memorandum. The purpose of this Memorandum is for the Parties to provide space to one another for operation of its Emergency Operation Center ("EOC") if the space originally designated by a Party for operation of its EOC is unusable. Through this Memorandum, each Party will be better prepared to serve its citizens in a time of crisis by taking the proactive step in locating alternative space to operate its EOC. The Parties agree to the following: I. Obligations of the Parties: A. The City shall use its best efforts to provide the County space to operate the County EOC, if the space originally designated by the County for the operation of its EOC is unusable for any reason. B. The County shall use its best efforts to provide the City space to operate the City EOC, if the space originally designated by the City for operation of its EOC is unusable for any reason. C. In addition to space for the operation of an EOC, each Party will use its best efforts to provide the following items to the Party using the space: OakNet lines; telephone lines; laptop or desktop computers; interne access; emergency power for operation of the space; wideband antennas; 24 x 7 access to the space; and use of the EOC Software, if possible. 2. Notification Process. The Parties will create a process to notify one another when space is needed for the operation of the EOC. 3. Liability. Each Party shall be responsible for its own acts and the 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 Patties. 5. Financial Responsibilities. There shall be no costs to either Party for use of the space for operation of an EOC and the other items listed in Section 3, unless there are costs that exceed normal operation costs for an EOC. If there are costs which exceed normal operation costs, the Party which creates those costs will be responsible for payment of those costs. 6. Duration of Interlocal Agreement_ This Memorandum shall be effective when executed by both Parties and shall remain effective until cancelled or terminated by either Party as provided for in this Memorandum. 1 By: se Schilling Mayor UtIm COUNTY 0 By: 7. Termination or Cancellation of Memorandum. Either Party may terminate or cancel this Agreement for any reason upon 30 calendar 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. • 10. Governing Laws. This Memorandum shall be governed, interpreted, and enforced by the laws of the State of Michigan. 11. 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 supercedes all other oral or written agreements between the Parties. CITY OF TROY Tonni Bartholomew City Clerk L. Brooks PattevAon County Executive Thomas A. Law, Chairperson Oakland County Board of Commissioners 2 'CITY COUNCIL MINUTES — Draft • May 24, 2004 F-2 Amendment #1 — Asphalt Paving Material Contracts Resolution #2004-05-285 Moved by Beltramini Seconded by Stine WHEREAS, Contracts to provide Asphalt Paving Materials were awarded to the lowest acceptable bidders, National Asphalt Products, Angelo's Asphalt Materials, Ace Asphalt & Paving, and Barrett Paving Materials, Inc., on April 28, 2003, at an estimated cost of $65,940.00 (Resolution #2003-04-206-E-12). WHEREAS, If changes in the quantity of work were required, either additive or deductive, such changes were allowed in an amount not to exceed 10% of the total contract total per year. WHEREAS, The contracts in total exceeded the additional 10% by an estimated $12,466.00, due to a harsh winter season and resurfacing projects, which exceed projected usage. NOW, THEREFORE, BE IT RESOLVED, That the contracts are hereby AMENDED AND CONFIRMED for additional asphalt paving materials at an aggregate cost not to exceed $12,466.00, Yes: All-6 No: None Absent: Lambert F-5 Memorandum of Understanding for Reciprocal Use of Emergency Operations Centers Resolution #2004-05-286 Moved by Stine Seconded by Beltramini RESOLVED, That the City Council of the City of Troy hereby APPROVES the Memorandum of Understanding between Oakland County and the City of Troy, regarding reciprocal use of emergency operations centers and AUTHORIZES the Mayor and City Clerk to EXECUTE the documents; a copy of which shall be ATTACHED to the original Minutes of this meeting. Yes: All-6 No: None Absent; Lambert F-6 Amendment #1 — Expanded Scope of Work — Upgraded Landscape Maintenance Services Resolution Moved by Stine Seconded by Beltramini - 17- G. William Caddell, County Clerk Resolution #04168 July 22, 2004 Moved by Scott supported by Knollenberg the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I HERBY APPROVE THE FORBES RESIUTION 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 July 22, 2004 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 22nd day of July, 2004.