HomeMy WebLinkAboutResolutions - 2020.11.19 - 33895MISCELLANEOUS RESOLUTION #20576 November 19, 2020
BY: Commissioner David T. Woodward, Chairperson, Pandemic Response and Economic Recovery Committee
IN RE: EMERGENCY MANAGEMENT AND HOMELAND SECURITY DEPARTMENT, EMERGENCY
MANAGEMENT DIVISION — REQUEST FOR APPROVAL OF FACILITY USE INTERLOCAL AGREEMENT FOR
COMMUNITIES IN OAKLAND COUNTY TO CONDUCT COVID-19 TESTING AND VACCINATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there is a need to continue COVID-19 testing and vaccinations for the residents of Oakland County by
the Oakland County Health Division; and
WHEREAS the County intends to continue this activity through the winter months and anticipating severe winter
weatherthat could cause difficulty in continuing COVID-19 testing in the currenttent testing sites, hardened facilities
have been identified to continue testing; and
WHEREAS currently identified locations for COVID-19 testing sites shall take place at property sites owned by:
1. City of Southfield
2. City of Rochester
3. Village of Holly; and
WHEREAS the Departments of Emergency Management and Homeland Security and Corporation Counsel have
drafted, reviewed, and approved the attached Facilities Use Interlocal Agreements to be executed with the above -
listed governmental entities and have created a template Agreement to use with other municipalities within Oakland
County if necessary; and
WHEREAS the Department of Emergency Management and Homeland Security recommends entering into the
above listed Agreements to increase the ability to test for COVID-19; and
WHEREAS with the recent increase in COVID-19 cases it may become necessary to add additional testing sites as
quickly as possible
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached
Facilities Use Interlocal Agreements and authorizes and directs the Chairperson of the Board to execute the
Agreements with the above -listed governmental entities.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Facilities
Use Interlocal Agreement template and approves the County executing other Facilities Use and Interlocal
Agreements with municipalities in Oakland County, if necessary.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes and directs the
Chairperson of the Board to sign additional Facilities Use Interlocal Agreements, using the attached template
Agreement, when it becomes necessary to have additional COVID-19 testing locations on the property of other
municipalities within the County.
BE IT FURTHER RESOLVED there is no budget amendment required at this time
Chairperson, on behalf of the Pandemic Response and Economic Recovery Committee, I move the adoption of the
foregoing resolution.
offj
David T. Woodward, District #19
Chairperson, Pandemic Response and Economic
Recovery Committee
PANDEMIC RESPONSE AND ECONOMIC RECOVERY COMMITTEE VOTE:
Motion carried on a roll call vote with Miller absent.
Facility Use Interlocal Agreement
This Facility Use Interlocal Agreement ("Agreement") is made effective as of
between the . a Michigan Municipal Corporation of
Michigan ("Owner") and the County of Oakland, a Michigan Municipal Corporation of 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereinafter "County").
County Contact Person: Robert Seeley
Telephone Number: 248-858-5080
E-Mail Address: seeleyr@oakgov.com
Owner Contact Person:
Telephone Number:
E-Mail Address:
For and in consideration of the issuance of this license, the Parties agree to the following terms
and conditions:
1. Use of Owner Property Owner hereby grants a license for use of its property as described
herein to County. The Property may only be used as described below for the purposes set
forth in this Agreement.
1.1. Property. Owner's building with parking lot, one day a week for testing, up to seven
days per week for vaccinations, eight hours per day, located at
Michigan ("Property").
1.2. Use. The Property shall be used for a temporary drive through covid-19 testing site /
vaccination site.
1.3. Term of Agreement. This Agreement shall begin on December 2, 2020 ("Effective
Date"), and notwithstanding a license generally being terminable at the will of the
licensor, and presuming no default by the County in performance of any of the terms
and conditions of this Agreement, which may cause the license to be immediately
revoked, it shall end on December 2, 2021 unless the Parties agree to extend the
Agreement for an additional thirty (30) days. ("Termination Date").
1.4. Condition of Property/Cleaning of Facility. During this Agreement County shall keep
the Property in good order, in a clean and safe condition, and free of trash. Except for
normal wear and tear, County's use of the Property shall not cause damage or waste
to the Property and shall not disrupt Owner's operations outside of the Property.
County is responsible for putting all trash and debris into the appropriate receptacles.
1.5. Condition of Property upon end of Agreement. Except for normal wear and tear, at
the expiration or termination of this Agreement, County shall leave the Property in
the same condition that County found it. The Property must be clean and free of all
trash and debris after each day of utilization. County shall remove of all its personal
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FACILITY USE INTERLOCAL AGREEMENT WITH CITY OF ROCHESTER
property when they are no longer utilizing the Property after each day of utilization
such that it is turned back to Owner for its normal operations.
1.6. Compliance with Law. The County shall require anyone it invites on the Property to
comply with all applicable federal, state, and local laws, regulations, rules, ordinances,
and the provisions of this Agreement.
1.7. Signs. County may place temporary, non -permanent signs on or around the Property.
All signage must be approved by the Owner Facility Manager prior to placement at
the Facility.
1.8. Alterations. Additions. Changes to Prooertv. County may bring in portable tents,
Porta-Johns, a portable handwashing station, storage units, parking cones, testing
supplies, desks and chairs as needed. County shall not make any other alterations,
additions, or changes to the Property, without the prior written approval of Owner.
None of the fixtures or other items owned by Owner may be removed from the
Property.
1.9. No Smoking. Smoking is prohibited on the Property.
2. County Responsibilities.
2.1. The County Contact Person listed on the first page of this Agreement shall keep the
Owner Facility Manager informed about the activities and daily use of the Facility.
2.2. County personnel shall always display County ID badges, so Owner is aware of their
identity.
2.3. County shall remit payment to Owner within thirty (30) days of the County Contact
Person's receipt of an invoice forthe hours of Facility use by the County forthe period
covered by the invoice.
3. Owner Responsibilities.
3.1. Owner shall ensure the public has access to the Property during the times County is
conducting covid-19 testing on the Property.
3.2. Owner shall provide a minimum of fifteen (15) dedicated parking spaces for County.
4. Liability/Assurances.
4.1. Damage to Owner. County shall be responsible for any damage to the Property that
it may cause.
4.2. Damage to Countv's Property. County shall be solely and entirely liable and
responsible for any loss or damage resulting from fire, theft or other means to its
personal property located, kept, or stored on the Property.
4.3. Limitation of Liability. Immunities. In no event will either Party be liable to the other
Party for any consequential, incidental, indirect, special and punitive or other
damages arising out of this Agreement. The Parties acknowledge that they have
immunities and protections provided by federal and state law. This Agreement does
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FACILITY USE INTERLOCAL AGREEMENT WITH CITY OF ROCHESTER
not impair, divest, delegate or contravene and constitutional, statutory, or other legal
right, privilege, power, duty or immunity of either Party.
4.4. Insurance. If requested by Owner, County shall provide Owner with evidence of
governmental self-insurance and excess liability insurance. Owner is expected to
maintain their current insurance coverage for the Facility during the term of the
Agreement
4.5. Responsibility for Claims. Except as provided by law or Section 4.3, each Party shall
be responsible for any Claims made against that Party by a third -party. "Claim" means
any loss; complaint; demand for relief or damages; lawsuit; cause of action;
proceeding; judgment; penalty; costs or other liability of any kind which is imposed
on, incurred by, or asserted against a Party or for which a Party may become legally
or contractually obligated to pay or defend against, whether commenced or
threatened, including, but not limited to, reimbursement for reasonable attorney
fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation
expenses, litigation expenses, or amounts paid in settlement.
4.6. Responsibility for Attornev Fees and Costs. Each Party shall seek its own legal
representation and bear the costs associated with such representation, including
judgments and attorney fees, for any Claim that may arise from the performance of
this Agreement.
4.7. No Indemnification. Owner shall have no right under this Agreement or under any
other legal principle to be indemnified or reimbursed by the County or any of its
agents.
5. Termination. Either Party may terminate this Agreement upon ten (10) days written notice
to the other Party for any reason.
6. No Interest in Propertv. County, by virtue of this Agreement, shall have not have any title
to or interest in the Property or any portion thereof. County has not, does not, and will not
claim any such title, interest, or any easement over the Property. This Agreement and/or
any related affidavit or instrument shall not be recorded with the Oakland County Register
of Deeds. Owner shall consider any such recording to be a slander of title.
7. Force Maleure. Notwithstanding any other term or condition of this Contract, neither Party
shall be liable for failure to perform contractual duties or obligations caused by events
beyond their reasonable control, including but not limited to: (a) acts of public enemies; (b)
natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; (f) natural disasters; (g)
strikes, lockouts, work stoppages, or other labor difficulties; or (h) compliance with law.
Reasonable notice shall be given to the affected Party of such event.
8. Waiver. Waiver of any term or condition under this Agreement must be in writing. No
written waiver, in one or more instances, shall be deemed or construed as a continuing
waiver of any term or condition of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
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FACILITY USE INTERLOCAL AGREEMENT WITH CITY OF ROCHESTER
9. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of
any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
10. Amendments. This Agreement cannot be modified unless reduced to writing and signed by
both Parties.
11. 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 or conditions shall remain in full force and effect.
12. Governine Law. This Agreement shall be governed, interpreted, and enforced by the laws
of the State of Michigan.
13. Counterparts. This Agreement may be executed in one or more counterparts, including
facsimile copies, each of which shall be deemed an original, but all of which shall together
constitute one instrument.
14. Entire Agreement. This Agreement sets forth all covenants, promises, agreements,
conditions and understandings between the Parties concerning the use of the Property and
there are no covenants, promises, agreements, conditions or understandings, either oral or
written, between the Parties other than are herein set forth.
15. Authorization. The Parties represent that their respective signatories have the requisite
authority to execute and bind them to the duties and responsibilities contained herein.
APPROVED AND AUTHORIZED BY OWNER:
NAME:
TITLE:
DATE:
SIGNATURE
APPROVED AND AUTHORIZED BY COUNTY:
NAME: David T. Woodward
TITLE: Chairman, Board of Commissioners
DATE:
SIGNATURE
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FACILITY USE INTERLOCAL AGREEMENT WITH CITY OF ROCHESTER
Resolution #20576
November 19, 2020
Moved by Long seconded by Luebs the resolutions on the Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
I HEMBYAFpROVETaL,
N
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 November 19,
2020, 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 Circuit Court at Pontiac,
Michigan this 191h day of November, 2020. -
Lisa Brown, Oakland County