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HomeMy WebLinkAboutResolutions - 2008.07.31 - 9495July 17, 2008 MISCELLANEOUS RESOLUTION # 08153 BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO WARNING SYSTEM EXPANSION — CITY OF MADISON HEIGHTS TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the City of Madison Heights, has executed the attached Interlocal Agreement; and WHEREAS the City of Madison Heights has agreed to pay seventy-five percent of the total estimated cost of one siren: and WHEREAS, consistent with the attached standard agreement, the City of Madison Heights agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with the City of Madison Heights for the purchase of one tornado siren. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the City of Madison Heights. CHAIRPERSON, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Gingell absent CITY OF MADISON HEIGHTS TORNADO SIRENS BUDGET SUMMARY Purchase of one warning siren: CITY OF MADISON HEIGHTS (75%) S17,250.00 OAKLAND COUNTY (25%) L5,750.00 ' TOTAL COST OF ONE SIREN: S 23,000.00 Breakdown of siren costs: $18,000.00 One Siren- Pole Mounted Siren Model 2001 2-Way Siren Controls Batteries Cable Transformer, Rectifier Decoder Installation Antenna Battery Warmers $ 5,000.00 Total $23,000,00 The above nostA hnseri on quotes submitted by Federal Signal Corporation and West Shore Services. SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF MADISON HEIGHTS This lnterlocal Agreement ("tne Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the City ofiMadison Heights, 300 West Thirteen Mile Road, Madison Heights, Michigan 48071 ("Municipality"). In this Agreement, the County and the Municipality may also be referred to individually as "Party" or jointly as "Parties.' PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the Municipality enter into this Agreement for the purpose of adding the Municipality to the County's outdoor warning system. In consideration of the mutual promises, obligations ; representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The foliowing words and expressions used throughout this Agreement, whether used in the singular or plurai, within or without quotation marks, or possessive or non-possessive, shall be defined, read, and interpreted as follows. 1.1. Claim means any alleged loss, claim, complaint, demand for reiief or damages, cause of action, proceeding, Judgment ; deficiency, liability, penalty, fine, litigation, cots, and/or expenses, Including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses ; litigation expenses, and amounts paid in settlement, which are imposed on, incurred oy, or asserted against the County, its employees or agents, whether such Claim is brought in law or equity, tort, contract, or otherwise. 1,2, County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, any and all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, hoarc members, council members, commissioners, authorities, committees, employees, agerr.s, subcontractors, volunteers, ard/or any such persons successors. 13. Municipality means City of Madison Heights, a Constitutional Corporation including, but not limited to, ":s. Council, any and all of its departments, its divisions, elected and appointee officials, director's, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons' successors. 2. COUNTY RESPONSIBILITIES. Subject to -the terms and conditions contained in this Agreement, and applicable changes in law, the County shall provide the following: 2.1 Install one (1) siren within The Municipality at the location designated by the Municipality. 2.2 Provide for maintenance of the siren. 2.3 Provide for electrical costs of the siren. 3. MUNICIPALITY'S RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the Municipality shall provide the following: 3.1 Pay seventeen-thousand, two-hundred and fifty dollar's ($17,250) for the installation of the siren. Payment is to be made within thirty (30) days after installation of the siren. 3.2 Provide operational status reporting during the first Saturday•of the month siren test (March through November) if requested. 3.3 Bear all costs associated with any siren relocation. 3.4 Municipality acknowledges that the County will retain ownership of the siren. 3.5 To the maximum extent provided by law, if there is any amount past due under this Agreement, the County has the right to set-off that amount from any amount due to the Municipality from the County , including, but not limited to distributions from the Delinquent Tax Revolving Fund, 4. DURATION OF INTERLOCAL AGREEMENT. 4.1 The Agreement and any amendments hereto snail be effective when executed by both Parties with resolutions passed by the governing bodies of each Party, and when the Agreement is filed with the Clerk of each County where the Parties are located. The Agreement shall be filed with the Secretary of State of the State of Michigan pursuant to MCL 124.510. 4.2This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 6. 5. ASSURANCES. 5.1 Each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors : the costs associated with those acts, and the defense of those acts. 6. TERMINATION OR CANCELLATION OF AGREEMENT. 5.1Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice before the effective date of termination or cancellation. The effective date for termination or cancellation shall be clearly stated in the notice. 5.2The Parties shall not be obligated to pay a cancelotion or termination fee, if th is Agreement is cancelied or terminated as provided herein. 7. SUSPENSION OF SERVICES, Upon ioLie lu the. Municipality, the County may immediately suspend this Agreement or the Municipality's participation in the outdoor warning system, if the Municipality has failed to reasonably comoly, within the County's d,scretion, with federal, state, or local law, or any requirements contained in this Agreement The right to suspend services is in addition to the licifit to terminate or cancel this Agreement contained in Section 6. The County shall incur no penalty, expense, or liability if services are suspended under tri.s Section. 8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification ; right to subrogation, and/or any other right, in favor of any other person or Municipality. 9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities perfcrmed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this Agreement, and properly promulgated amendments to-those Exhibits. 10.DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or incirectly related to employment in violation of any federal, state or local 1@w. 11 .PERMITS AND LICENSES. Each Party shall be responsible for obtaining and malntaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations for its employees and/or agents necessary to perform al. its obligations under this Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorizatiorrtp--the requesting Party. 12. RESERVATION OF RIGHTS. This Agreement does not, and is net intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13.FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to ; an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affectec Party. Reasonable notice shall De given to the affected Party of any such event. 14.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or ass'gn any obligations or rights under this Agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. 15. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of :hose riots with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently effect its right to recuire strict per formance of this Agreement. 16.§EVERABILITY. 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. A ()trier terms, conditions, and provisions of this Agreement shall remain in fulforce. 17.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended fOr the convenience of the reader and are not intended to have any substantive meaning. 18. NOTICES. Notices given under this Agreement snail be in writing and shall be personally delivered, sent by express delivery service, certifiec mail, or first class U.S. mail postage prepaid. and addressed to the department listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery: or (3) three days after mailing first class or certified U.S. mail. 18.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Emergency Response and Preparedness, 1200 N. Telegraph, County Service Center, Pontiac, K 48341 and Chairperson of the Oakland County Boat of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341. 18.2 If Notice is sent to the Municipality, it shall be addressed to: The Chief Elected Official of the Municipality at the address listed on the first page of th i s Agreement. 18.3Either Party may change the address and/or individual to which Notice is sent by notifying the other Party.in writing of the change. 19 GOVERNING LAW/CONSENT TO JURISDICTION: This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the Fifth District Court of the State of Michigan, or tne United States District 'Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. 20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the ,modification, amendment, recission, wah.(er, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties' governing body. 21. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supercedes all other oral or wrten Agreements between the Parties including previous siren purchase agreements. The language of this Agreement shall be construed as a whoie according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Api-eement, The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the !a, • s and conditions contained herein. Autriorized Agent of Municipality 7/ Date Chairperson, Oakland County Board of Date Commissioners 2_60 The following is an excerpt from the minutes of a Regular Meeting of the Madison Heights City Council of the City of Madison Heights, Oakland County, Michigan held on June 9, 2008 at 7:30 p.m. Eastern Time in the Municipal Building in said City. Present: Mayor Swanson, Mayor Pro Tern Scott, Councilmen Clark, Corbett and Hartwell Absent: Councilmernbers McGillivray Russell (excused) 156. Oakland County - Severe Weather Warning System Interlocal Agreement Motion by Mayor Pro Tern Scott, seconded by Councilman Hartwell, to authorize the City to enter into a Severe Weather Warning System Interlocal Agreement with Oakland County Emergency and Response Preparedness, and to approve the expenditure of $17,250 for the City's 75% share for the cost of acquisition and installation of a new outdoor warning signal. Yeas: Swanson, Clark, Corbett, Hartwell, Scott Nays: None CERTIFICATION: I, the duly authorized City Clerk of the City of Madison Heights do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Madison Heights City Council on June 9, 2008. 'tii tbz:L Marilyn J./I-1 .ley City Clerk-1 - Resolution #08153 July 17, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (NISC. #08153) July 31, 2008 BY; FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO WARNING SYSTEM EXPANSION - CITY OF MADISON HEIGHTS To the Oakland County Board of CommisSioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution recognizes that the City of Madison Heights has issued a purchase agreement for the purchase of one (1) warning siren and has requested to become part of the County's centrally activated tornado warning system. 2. The total cost of the siren is $23,000. 3. The City of Madison Heights has agreed to pay $17,250, seventy-five percent (75W) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $5,750. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 6. Funds are available in the FY2008 Emergency Response and Preparedness budget to cover cost. 7. No additional budget amendments are necessary. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers, Potter and Woodward absent. /7-10 V Resolution #08153 July 31, 2008 Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowa11, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVHE FOREVA RESOURION 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 July 31, 2008, 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 31st day of July, 2008. Ruth Johnson, County Clerk