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HomeMy WebLinkAboutResolutions - 2008.09.04 - 9661Public Services Committee Vote: Motion carried unanimously on a roll call vote August 21, 2008 MISCELLANEOUS-RESOLUTION 108171 BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND , PREPAREDNESS - OUTDOOR WARNING SYSTEM EXPANSION — TOWNSHIPS OF ORION AND OAKLAND 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 Outdoor 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 Townships of Orion and Oakland, have executed the attached Interlocal Agreement; and WHEREAS the Townships of Orion and Oakland have agreed to pay seventy- five percent of the total estimated cost of one siren; and WHEREAS, consistent with the attached standard agreement, the Townships of Orion and Oakland 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 Townships of Orion and Oakland for the purchase of one outdoor warning 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 Townships of Orion and Oakland. CHAIRPERSON, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVIcrES OMMITTEE TOWNSHIPS OF ORION AND OAKLAND OUTDOOR WARNING SIREN BUDGET SUMMARY Purchase of one warning siren: TOWNSHIPS OF ORION AND OAKLAND (75%) $17,250.00 OAKLAND COUNTY (25%) $ 5,750.00 TOTAL COST OF ONE SIREN: $ 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 costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE TOWNSHIPS OF ORION AND OAKLAND This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Township of Orion, 2525 Joslyn Road, Lake Orion, Michigan 48360 and the Township of Oakland, 4393 Collins Road, Rochester, Michigan 48306 ("Municipalities"). In this Agreement, the County and the Municipalities may also be referred to individually as "Party" or jointly as "Pates." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the Municipalities enter into this Agreement for the purpose of adding the Municipalities 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 following words and expressions used throughout this Agreement, whether used in the singular or plural, 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 relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, 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 by, 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, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons' successors. 1.3. Municipalities means the Townships of Orion and Oakland, Constitutional Corporations including, but not limited to, their Councils, any and all of their departments, divisions, elected and appointed officials, directors, 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 a Municipality at the location designated by the Municipalities. 2.2. Provide for maintenance of the siren. 2.3. Provide for electrical costs of the siren. 3. MUNICIPALITIES'S RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the Municipalities shall provide the following: 3.1 Pay eight-thousand, six-hundred and twenty-five dollars ($8,625) per Municipality for the installation of the siren ($17,250 total). 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 Municipalities acknowledge 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 Municipalities 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 shall 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. 4.2. This 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. 6.1. Any 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. 6.2.The Parties shall not be obligated to pay a cancellation or termination fee, if this Agreement is cancelled or terminated as provided herein. 7. SUSPENSION OF SERVICES. Upon notice to the Municipalities, the County may immediately suspend this Agreement or the Municipalities's participation in the outdoor warning system, if the Municipalities have failed to reasonably comply, within the County's discretion, with federal, state, or local law, or any requirements contained in this Agreement. The right to suspend services is in addition to the right to terminate or cancel this Agreement contained in Section 6. The County shall incur no penalty, expense, or liability if services are suspended under this 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 Municipalities. 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 performed 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 indirectly related to employment in violation of any federal, state or local law. 11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations for its employees and/or agents necessary to perform all its obligations under this Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. 12. RESERVATION OF RIGHTS. This Agreement 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. 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 affected Party. Reasonable notice shall be given to the affected Party of any such event. 14.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign 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 those rights 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 require strict performance of this Agreement. 16.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, conditions, and provisions of this Agreement shall remain in full force. 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 shall be in writing and shall be personally delivered, sent by express delivery service, certified 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, MI 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341. 18.2 If Notice is sent to the Municipalities, it shall be addressed to: The Chief Elected Official of the Municipalities at the addresses listed on the first page of this Agreement. 18.3 Any 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 the 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, waiver, or release shall be signed by the uthorized Ag ent of Orion Township Date 615" land Township Date same persons who si gned the Ag reement or other persons as authorized b y the Parties' g overning bod y . 21. ENTIRE AGREEMENT. This Ag reement represents the entire A g reement and understandin g between the Parties. This A g reement supercedes all other oral or written Ag reements between the Parties includin g previous siren purchase ag reements. The lang uage of this Ag reement shall be construed as a whole accordin g to its fair meanin g , and not construed strictl y for or a gainst any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons si gning this Ag reement on behalf of each Party have leg al authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Chairperson, Oakland County Board of Date Commissioners Resolution #08171 August 21, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #08171) September 4, 2008 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - OUTDOOR WARNING SYSTEM EXPANSION - TOWNSHIPS OF ORION AND OAKLAND 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. Both Orion and Oakland Townships have issued a purchase agreement for the purchase of one (1) warning siren and have 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 Townships of Orion and Oakland have agreed to pay $17,250, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, which is $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 FY 2008 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 Coulter absent. / V Resolution #08171 September 4, 2008 Moved by Long supported by Middleton the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodwaitl, Zack, Bullard. (22) 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 APPRDIE THE FOREGOING RESOLUTION 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 4, 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 4th day of September, 2008. Ruth Johnson, County Clerk