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HomeMy WebLinkAboutResolutions - 2009.02.05 - 9763MISCELLANEOUS RESOLUTION #09018 February 5, 2009 BY: Finance Committee, Tom Middleton. Chairperson I IN RE: DEPARTMENT OF RISK MANAGEMENT — APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND VARIOUS LOCAL MUNICIPALITIES FOR THE USE AND OPERATION OF SPECIALIZED SEARCH AND RESCUE VEHICLES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County will be in possession of various pieces of specialized search and rescue vehicles; and WHEREAS the funding for the purchase of the search and rescue vehicles will be paid entirely from Homeland Security Grant Funds from the Urban Area Security Initiative in order to stand up the first Search and Rescue Task Force in Michigan: and WHEREAS the vehicles will be housed temporarily in a leased facility as approved by the Oakland County Board of Commissioners and then permanently housed in Oakland County at a facility identified in Independence Township; and WHEREAS the attached Search and Rescue Emergency Response Vehicle Interlace! Agreement set9 forth the rights and obligations of the County and the local municipalities that will operate the use of the vehicles; and WHEREAS the Departments of Corporation Counsel and RiSK Management have reviewed and signed off on the Lease Agreement; and WHEREAS it is recommended that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Interlocal Agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached Searchl and Rescue Emergency Response Vehicle Interlocal Agreement and that the Chairperson of the Boardi of Commissioners is authorized to sign the Agreement with the applicable local municipalities. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COTTEE hp,,ad I FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Zack absent. SEARCH AND RESCUE EMERGENCY RESPONSE VEHICLE INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement"), is entered into between Oakland County, a I Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and ("Participating Agency"). INTRODUCTION WHEREAS, each Participating Agency has the power, privilege and authority to maintain and operate a fire department providing fire protection, fire suppression, emergency medical services, technical rescue, search and rescue response operation's, hazardous incident response, and other emergency response services; WHEREAS, Fire Services can further be improved by cooperation between political subdivisions during times of public emergency, conflagration or disaster; WHEREAS, the Michigan Constitution of 1963, Article 7, § 28, the Urban Cooperation Act of 1967, MCL 124.501 et seq., and the Emergency Management Act, MCL 30.401 et sea., permit a political subdivision to exercise jointly with any other political subdivision any power, privilege or authority which such political subdivisions share in I common and which each might exercise separately; WHEREAS, each Participating Agency continues to face Incidents and threats to public safety; WHEREAS. the resources of the Participating Agency might be strained or overwhelmed if forced to confront such Incidents or threats in isolation; WHEREAS, the Parties acknowledge the possibility that additional resources aid equipment, beyond those of the Participating Agency, may be required to meet and mitigate the Incidents and threats to public safety; THEREFORE, the Participating Agency has designated employees to participate with IMichigan Task Force 1; WHEREAS, Michigan Task Force 1 performs specialized search and rescue I operations for all hazards that provide for the location, rescue (extrication) and medical, stabilization of victims trapped in confined spaces from structural collapse, transportation accidents, mines and collapsed trenches; WHEREAS, the Michigan Task Force 1 is not a legal entity that can purchase ' equipment or sign contracts or leases; WHEREAS, because the Michigan Task Force 1 is not a legal entity, the Count has agreed to acquire and own specialized Search and Rescue Emergency Response VehIcles 2 and associated equipment to aid the Michigan Task Force 1 in responding to Incidentb and threats to public safety: WHEREAS, the County will be reimbursed the costs of the Search and Rescud Emergency Response Vehicles and associated equipment through a grant; WHEREAS, the citizens of Oakland County will be provided better public safety with the purchase of the Search and Rescue Emergency Response Vehicles and associated equipment by the County; WHEREAS, pursuant to the Michigan Constitution, the Urban Cooperation Act and the Emergency Management Act, the Parties enter into this Agreement to set forth tti rights and duties regarding the use and operation of the Search and Rescue Emergency Response Vehicles and associated equipment acquired and owned by the County; NOW THEREFORE, 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 m rks, or possessive or non-possessive, shall be defined, read and interpreted as follolks. 1.1. Authorized Representative means the chief executive or designee of a Participating Agency authorized in writing by that governmental unit to reqoest, offer, or provide assistance under the terms of this Agreement. 1.2. County means Oakland County, a municipal and constitutional corporation, including, but not limited to, all of its departments, divisions, elected and appointed officials, employees, and agents. 1.3. Incident means any situation in the area of handling emergencies including, but not limited to building collapse, confined space rescue, trench rescue, high- angle rescue, and hazardous materials incident. 1.4. Michigan Task Force 1 (MI-FT1) means a specialized response unit that performs search and rescue operations for all hazards that provide for the location, rescue (extrication) and medical stabilization of victims trapped in confined spaces from structural collapse, transportation accidents, mines i• collapsed trenches; 1.5. Participating Agency means any city, village or township that is a Party t this Agreement, including, but not limited to any and all of its departments, divisions, elected officials, employees, agents, subcontractors and volunteers. 1.6. Search and Rescue Emergency Response Vehicles ("Emergency ResOonse Vehicles") includes the Hackney 5-Bay Rescue, Two-24' Freightliner Box iTrucks, Two Sprinter 12 Passenger Vans, Logistics Trailer and Medical Tr iler, 2 3 Four-Pickup Trucks, the GAPVAX Vehicle, or other vehicles that the Cou7 ty ,1 may acquire or purchase. §2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the County shall do the following: I 2.1. The County shall purchase and own the Emergency Response Vehicles and associated equipment. 2.2, The County shall allow employees of the Participating Agency, who are members of Ml-FT1, to use the Emergency Response Vehicles and associated equipment. 2.3. The County shall insure the Emergency Response Vehicles. The County shall pay for the insurance. 2.4. The County shall be responsible for storing the Emergency Response Velicles and the cost associated with such storage as long as grant funds are available to reimburse the County for such costs. 2.5. The County shall not be responsible for any costs associated with the operation, maintenance, or repair of the Emergency Response Vehicles, unless grant funds become available and the County is awarded grants funds for such purposes. 2,6. The County shall not be responsible for purchasing new emergency respcinse vehicles if the Emergency Response Vehicles become damaged or destroyed. 2.7. The County shall not be responsible to pay for or replace disposable and consumable equipment and supplies for or on the Emergency Response Vehicles. §3. PARTICIPATING AGENCY RESPONS11311 MFR. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the Participating Agency shall provide the following: 3.1. The Participating Agency may only use the Emergency Response Vehicles if it has designated an employee(s) to participate with MI-FT1. 3.2. Each Participating Agency shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates and governmental authorizations for its employees, agents and volunteers to perform all its obligations under this Agreement, including but not limited to, obtaining applicable licenses required by the Michigan Secretary of State. 3.3. The Participating Agency shall have all members of the MI-TF1 which are Its employees trained on the Emergency Response Vehicles and associated I 3 4 • equipment. Additional employees of the Participating Agency may be trained at the option of the Participating Agency, 3.4. The Participating Agency shall be responsible for all costs associated wi&i the operation, maintenance, and repair of the Emergency Response Vehicle, unless grant funds become available and are awarded to the County for such purposes. The Participating Agencies executing this Agreement shall be responsible for determining how the costs for operation, maintenance, and • repair are allocated, billed and collected.. 3.5. With the prior written approval of the County and the Ml-TF1, the Participlting Agency may add additional equipment to the Emergency Response Vehi9les. The Participating Agency shall be responsible for all costs associated will adding the additional equipment to the Emergency Response Vehicles anFl for its operation, maintenance, and repair. 3.6. The Participating Agency shall be responsible for all costs associated witil replacing disposable and consumable equipment and supplies on the Emergency Response Vehicles that it disposes of or consumes. §4. DURATION OF INTERLOCAL AGREEMENT. This Agreement and any amendments hereto shall be effective when executed by the Parties with resolutions passed by the governing bodies of each party and the Agreement is filed as required by MCL 124.510. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 6. §5. LIABILITY. Each Party shall be responsible for its own acts and the acts of its employees, agents, volunteers, and subcontractors, the costs associated with those acts, and the costs associated with the defense of those acts. §6. TERMINATION OF AGREEMENT. A Party may terminate this Agreement for any reason upon thirty (30) days notice before the effective date of termination. The effective date for termination shall be clearly stated in the notice. §7. SUSPENSION OF SERVICES. Upon notice to the Participating Agency, the County may immediately suspend this Agreement or the Participating Agency's use of the Emergency Response Vehicles, if the Participating Agency has failed to comply, with federal, state, or local law, or any requirements contained in this Agreement. §8. NO THIRD PARTY BENEFICIARIES, Except as provided for the benefit of the Parties or as provided in this Agreement, this Agreement does not and is not int nded 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 entity. §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. §10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, 4 5 • tenure, terms, conditions, and privileges of employment, or any matter directly or ;r,iir.,cUy related to employment in violation of any federal, state or local law. ! §11. RESERVATION OF RIGHTS. This Agreement does not and is not intended to Impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal n ight, privilege, power, obligation, duty, or immunity of the Parties. §12. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement witho t the prior written consent of the other Party. §13. 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 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, wOether 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 wai/er by either Party shall subsequently affect its right to require strict performance of thi Agreement. §14. 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 Agreem nt shall remain in full force. §15. CAPTIONS. The section and subsection numbers, captions, and any index to slich sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. §16. 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 persons listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of aptual receipt; (2) the next business day when notice is sent express delivery service personal delivery; or (3) three days after mailing by first class or certified U.S. mail. 16.1. If notice is sent to the County, it shall be addressed and sent to: Oakland County Board of Commissioners, Chairperson, 1200 N. Telegraph, Buildin lig 12 East, Pontiac, Ml 48341 and to Oakland County Risk Management & Safety, Attention: Risk Manager, 2100 Pontiac Lake Road, Pontiac, MI 48328. 16.2. If notice is sent to the Participating Agency, it shall be addressed to that Agency's Authorized Representative: 16.3. Either Party may change the address and/or individual to which notice is sent by notifying the other Party in writing of the change. §17. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 5 6 §18. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by all Parties. Unless otherwise agreed, the modification, amendrrent, rescission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Party's governing body. §19. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supercedes all other oral or written agreements between the Parties. The language of this Agreement shall bl construed as a whole 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 arid complete this Agreement. The persons signing this Agreement on behalf of each Party, have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, (insert name) hereby acknowledges that he has been authorized to execute this Agreement on benalf of the Participating Agency and hereby accepts and binds the Participating Agency to the terms and conditions of this Agreement. EXECUTED: DATE: WITNESSED: _ DATE: IN WITNESS WHEREOF, Bill Bullard, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized to execute this I Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: BILL BULLARD, Chairperson Oakland County Board of Commissioners WITNESSED; DATE: RUTH JOHNSON, Clerk/Register of Deeds Oakland County 6 7 Oakland Coum-v Department of Risk Management 1/20/09 Acceptance and Approval of Interloeal Agreement for Operation of Search and Rescue Emergency Response Vehicles Search and Rescue vehicles and eqnipment are being purchased from monies granted by the F11706 and FY07 Urban Area Security Initiative Grant. The vehicles and cqiupment will be used by the *arch and Rescue Task Force which is comprised of members from the Urban Area Security Initiativl e Region, but largely from the personnel from Oakland County Fire Departments. Oakland Coufity acts as the Fiduciary Agent for the IJAS1 Region. The Search and Rescue vehicles will be titled to .0akiand County, As such, the County Administrative Staff and Corporation Counsel have developed tle. attached Interlocal Agreement setting forth the terms and conditions under which Task Force rt itembers may operate the vehicles and outlining the rights and responsibilities of the parties. All Task Florce Members Agencies, that employ personnel operating the vehicles, are required to sign the atta9hed Interlineal Agreement. The FY06 and FY07 Grant also permits monies to be used to lease space to store said equipment and vehicles. The vehicles will be temporarily housed in a leased facilitylin Oakland County as previously approved by the Board of Commissioners and permanently houed at an identified facility in Oakland County (Independence Township). i Terms and Conditions of Agreement County Responsibilities: The County will purchase the vehicles entirely with UASI grant fundtg and will insure the vehicles. The County shall allow the Task Force Members whose local governments have have signed the Agreement to operate the vehicles. The County will pay for the storage of the i ehicles to the extent that grant funding is available to reimburse the County for the expense. Participating Agency Responsibilities: The participating agency shall be responsible for obtaining and maintaining all licenses, permits, certificates and governmental authorizations for its Task Forc members. The participating agencies are responsible to provide training in the use and operation of t the vehicles. The participating agencies are responsible for all costs associated with operation, maintenance and repair of the vehicles unless the County is awarded grant funding for such pur oses. Recommendation It is the recommendation of the Departments of Risk Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Interlocal Agrement, February 5. 2009 Resolution #09018 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Content Agenda be adopted (with accompanying reports being accepted,. AYES; Burns, CapeIto, Coleman, Coulter, Douglas, Gershenson, Gingell, Gossefin, GreiMel, Hatchett, Jackson, Jacobsen, Long, McGillivray. Middleton, Nash, Potter, Potts, Runeslad, Schwartz, Scott, Taub. Woodward, Bullard. (24) NAYS: None. (0) . A sufficient majority having voted in favor, the resolutions (with f seal notes attached) on the Cong ient Agenda were adopted (with accompanying reports being accepted). I IRBY *PM RE FOREGOING 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 tru and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 5, 2009, 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 5th day of February. 2009. Ruth Johnson, County Clerk