HomeMy WebLinkAboutResolutions - 2005.09.01 - 28009MISCELLANEOUS RESOLUTION #05181 September 1, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS —
AUTHORIZING RESOLUTION FOR MICHIGAN EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS under the authority of Public Act 390 of the Public Acts of the State of Michigan of
1976, as amended, Counties have established emergency management programs; and
WHEREAS MCL 30.410(2) allows municipalities and counties to enter into mutual aid or
reciprocal aid agreements with other counties; and
WHEREAS a mutual aid agreement between the southeast Michigan Counties was developed to
allow for a more effective and efficient exchange of services and resources in the event of a major
disaster; and
WHEREAS the agreement establishes procedures to request mutual assistance if one or more
counties becomes affected by, or is under imminent threat of a disaster, emergency, or other serious threat
to public health or safety; and
WHEREAS the agreement will allow for the provision of any equipment, services, or facilities
owned or organized by the counties for use in the affected area upon request of the duly constituted
authority of the area; and
WHEREAS the agreement provides for the conditions governing reimbursement for assistance
and issues concerning insurance and liability coverage.
NOW THEREFORE BE IT RESOLVED that in order to maximize the prompt, full and effective
use of resources of all participating governments in the event of an emergency or disaster the Oakland
County Board of Commissioners hereby adopts the Mutual Aid Agreement between the Counties of
Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne, which is attached hereto and incorporated
by reference.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized
to execute the agreement on behalf of Oakland County.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Douglas absent.
MUTUAL AID AGREEMENT
BETWEEN THE COUNTIES OF:
MACOMB
MONROE
OAKLAND
ST. CLAIR
WASHTENAW
WAYNE
Section 1 Statement of Parties
THIS AGREEMENT is between the Counties of Macomb, Monroe, Oakland, St. Clair,
-Washtenaw, and Wayne. Michigan municipal corporations, (hereinafter the Counties)
Section 2 Purpose
WHEREAS, pursuant to the authorities vested in the Counties according to Act 7 of the
Public Acts of 1967, extra session, Public Acts of the State of Michigan; and
WHEREAS, the Counties have established emergency management programs under the
authority of Public Act 390 of the Public Acts of the State of Michigan of 1976, as
amended; and
WHEREAS, the Counties have developed and executed Emergency Action Guidelines
(a.k.a. Emergency Operations Plan) fix their respective jurisdictions; and
WHEREAS, during times of local emergency or disaster, a situation may exceed the
individual response capabilities of any one of the Counties. Said Counties consider it to
be in the best interest of all Counties participating in this Agreement, and their citizens, to
establish an agreement for mutual aid in order to more effectively provide for public
safety and public health
NOW, THEREFORE, the parties agree as follows:
Section 3 Definitions
As used in this Agreement, the following terms, whether capitalized or not, shall have the
following meanings:
A. "Board" means the Board of Comissioners of any of the Counties.
B. "Chairperson" means the Chairperson of the Board of Commissioners of any of
the Counties.
C. "Chief Executive Official" means one of the following: (i) In the case of a
county with an elected county executive, the county executive; or (ii) In the case
of a county without an elected county executive, the chairperson of the county
board of commissioners, or the appointed administrator designated by appropriate
enabling the legislation.
D. "Emergency Management Coordinator" means a person appointed pursuant
to Section 9 of the Emergency Management Act, MCL 31.401, et al, to coordinate
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Emergency Management within the County. Emergency Management
Coordinator includes a Civil Defense Director, Civil. Defense Coordinator,
Emergency Services Coordinator, Emergency Program Manager, or other person
with a similar title and duties.
E. "Disaster" means an occurrence or threat of widespread or severe damage,
injury, or loss of life or property resulting from a natural or human-made cause,
including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm,
oil spill, water contamination, utility failure, hazardous peacetime radiological
incident, major transportation accident, hazardous materials incident, epidemic,
air contamination, blight, drought, infestation, explosion, hostile military action or
paramilitary action, or similar occurrences resulting from weapons of mass
destruction(WMD), chemical, biological, radiological, nuclear, explosive
(CBRNE), terrorist activities, riots or civil disorders.
F. "Emergency Management" means those effbrts made to prepare tbr, respond to,
mitigate, and recover from a Disaster or an Emergency Situation.
"Emergency Action Guidelines (a.k.a. Emergency Operations Plan)" means
the plan developed and maintained by each County for the purpose of organizing
and coordinating Emergency Management activities.
H. "Emergency Services Forces" means the employees, equipment and facilities of
County departments, boards, institutions, and commissions suitable fbr, or
adaptable to, participation in Emergency Management activities as designated by
the Chief Executive Official, with the approval of the Board; and, in addition, it
shall include all volunteer personnel, equipment, and facilities contributed by, or
obtained from, volunteer persons, agencies and organizations.
I. "Emergency Management Resolution" means the resolution adopted by the
Board that establishes the local emergency management organization and the
powers and duties therein.
J. "Emergency Services Volunteer" means any person duly registered or
appointed by the Emergency Management Coordinator and assigned to participate
in the Emergency Management activity.
K. "Emergency Situation" means any situation requiring emergency actions of a
lesser nature than a disaster, as defined above, to include, but not limited to: civil
disturbances, labor strikes, sporting events, special events, visits by national or
international dignitaries, and buildup activities prior to an actual disaster.
L. "Local State of Emergency" means a proclamation or declaration by the Chief
Executive Official that activates the response and recovery aspects of any County
G.
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Emergency Operations Plans and authorizes the deployment and use of any
Emergency Services Forces to which the plan applies.
M. "Major Disaster Declaration" refers to a designation by the President of the
United States under the provisions of Public Law 93-288, upon the request of the
Governor that a disaster of major proportions has occurred and is beyond the
capabilities of state, county, and/or local resources to mitigate.
N. "Mutual Aid" means a reciprocal arrangement, provided for in writing, in which
two or more municipalities respond to formal requests for assistance under
specified conditions.
O. "County" means the Counties of St. Clair, i\ilacomb, Oakland, Washtenaw,
Monroe, and Wayne.
P. "State of Disaster" means a declaration by executive order or proclamation by
the Governor under the provisions of P.A. 390 of 1976, as amended, which
activates the response and recovery aspects of the County Emergency Operations
Plans.
"State of Emergency" means an executive order or declaration by the Governor
that activates the emergency response and recovery aspects of the state and county
Emergency Operations Plans.
Section 4 Request for Ememencv Services Forces and Emergency
Services Volunteers
When an Emergency Situation arises or when a declaration of a Local State of
Emergency. State of Emergency, State of Disaster, or Major Disaster Declaration is
issued, the Chief Executive Official of a County may request the use of Emergency
Services Forces and Emergency Services Volunteers from another County. The request
for Emergency Services Forces and Emergency Services Volunteers shall be made by the
Chief Executive Official of one County to the Chief Executive Official of a participating
County. The request shall be specific and, if possible, be in writing or placed in writing
as soon as practicable.
The Chief Executive Official, to whom a request for assistance is made, shall determine,
in his or her discretion, whether to send Emergency Services Forces and Volunteers to the
requesting County. This shall be accomplished in accordance with each County's
Emergency Management Resolution.
If Emergency Services Forces and Emergency Services Volunteers are committed to
mutual aid and subsequently are needed in their own jurisdiction, they will be released
from mutual aid service, upon request of the Chief Executive Official of the County
providing assistance.
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Section 5 Emergency Services Forces and Emergency Services
Volunteers
Emergency Services Forces, Equipment, arid Emergency Services Volunteers available
under this agreement may include:
Communications Fire Services
Radiological Defense Damage Assessment
Health Services Law Enforcement
Public Infoimation Public Works
Human Services Emergency Equipment and Supplies
Emergency Management Personnel
Other Emergency Services Forces and Emergency Services Volunteers may be
specifically requested and authorized to act by the Chief Executive Official, consistent
with the Emergency Management Resolution.
Employees of the participating municipalities engaged as Emergency Services Forces
under this Agreement retain the rights established under each County's Emergency
Management Resolution.
Section 6 Expenditure of Funds: Reimbursement
Each County responding to a request by another County for emergency assistance shall
keep an exact record of the expenditures incurred by it on behalf of the other County. At
the conclusion of the Disaster or Emergency Situation, the assisting County may, at its
sole discretion, submit an itemized statement of its costs and expenses to the requesting
County for reimbursement. If an itemized statement is submitted to the requesting
County, reimbursement shall be made within six (6) months from the submission of the
statement.
Section 7 Liabilities
Each Party shall be responsible for its own acts, the acts of its employees and agents, the
costs associated with those acts, and the defense of those acts.
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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.
Section 8 Other Mutual Aid Agreements
It is not the intent of the participating Counties that this Agreement supersede, replace,
nullify, or otherwise override existing mutual aid agreements..
Section 9 Non-Discrimination Clause
The participating Counties agree that they will not discriminate on the basis of race,
color, national origin, religion, age, gender, height, weight, marital status, or handicap in
the performance of services under this Agreement.
Section 10 Whole Agreement
This Agreement constitutes the complete expression of the agreement between the
participating Counties, and there are no other oral or written agreements or
understandings between the participating Counties concerning mutual aid. Any prior
agreements or understandings on the matters addressed in this Agreement are hereby
rescinded, revoked, or terminated.
Section 11 Severability
If any portion of this Agreement is held to be illegal, invalid, or unenforceable, the
remainder of the Agreement shall be deemed severable and shall remain in full three and
effect.
Section 12 Amendment
This Agreement may only be modified or amended by a subsequent written agreement
executed by the participating Counties.
Section 13 Effective Date and Term of Agreement
This Agreement shall be effective between the signatories of this Agreement upon the
date each signatory executes this Agreement. This Agreement shall continue until
terminated as provided in Section 14.
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Section 14 Termination
A County may terminate its participation in this Agreement upon thirty (30) written days
notice to the other participating Counties. This Agreement shall still remain effective
between the remaining Counties to this Agreement.
Section 15 Effective Date
This Agreement shall have immediate effect upon its execution.
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IN WITNESS WHEREOF, the parties hereunto affix their signatures:
By:
Oakland County Board of Commissioners,
Chairperson
By:
Date Oakland County Clerk
Date
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Resolution #05181 September 1,2005
Moved by Nash supported by Long the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
I ISM APPROVE TIE FORM RESOWTIM
of-Lh VOS P A '3 0t
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 September 1, 2005
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 1st day of September, 2005.
Ruth Johtfson, County Clerk