HomeMy WebLinkAboutResolutions - 2011.07.21 - 18647REPORT (MISC . #11,137) July 21, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS —
APPROVAL OF JOINT OPERATING AGREEMENT BETWEEN THE OAKLAND COUNTY
SHERIFF'S OFFICE AND 52-3 DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee has review the above reference resolution and recommends the
following title change:
Strike "SHERIFF'S OFFICE AND 52-3 DISTRICT COURT" and replace with "AND THE
CITY OF ROCHESTER HILLS"
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel and Quarles absent.
MISCELLANEOUS RESOLUTION #11137 July 6, 2011
BY: PLANNING & BUILDING COMMI1 FEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS —
APPROVAL OF JOINT OPERATING AGREEMENT BETWEEN THE OAKLAND COUNTY
SHERIFF'S OFFICE AND 52-3 DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies, and Gentlemen:
WHEREAS the County and the Sheriff's Office entered into a joint operating agreement
(JOA) in 2003 for operating and maintaining the 52-3 court building (700 Barclay Circle) and the
Sheriff's Rochester Hills sub-station (750 Barclay Circle) including, but not limited to the buildings,
the grounds, the parking lot, and utilities; and
WHEREAS the JOA requires the Parties to review the terms and conditions of the
attached JOA periodically, allows amendments thereto as set forth therein, and permits the
renewal of the JOA upon mutual consent; and
WHEREAS the Parties shall perform all services set forth in Exhibit A, Schedule of
Responsibilities, replacing paragraphs 2-5 of the ,JOA; and
WHEREAS the JOA and Exhibit A shall be reviewed annually to determine whether the
costs for operating and maintaining the 52-3 court building (700 Barclay Circle) and the Sheriff's
Rochester Hills sub-station (750 Barclay Circle) are being divided equitably or if either party can
perform a responsibility listed in Exhibit A at a lesser cost; and
WHEREAS if either of the above conditions are determined to exist, then both parties
shall work together to more equitably divide the responsibilities or transfer the responsibility to the
more efficient, cost effective Party; and
WHEREAS expressly provided herein, all other terms and conditions of the JOA shall
remain in effect; and
WHEREAS the agreement would remain in effect from the time of execution until March
31, 2016.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and authorizes the attached Joint Operating Agreement for the
premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of
Rochester Hills and the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or designee to execute the attached Joint Operating Agreement for the
premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of
Rochester Hills and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Potts absent.
3/ -(:)/ 2. The JOA shall be renewed
AMENDMENT 1
JOINT OPERATING AGREEMENT
52-3 Rochester District Court/Sheriff Substation
Barclay Circle, City of Rochester Hills
Parcel No. 15-26-377-001
Amendment 1 to the Joint Operating Agreement ("Amendment") is entered into this ,/ day of *P2-/ I , 2011 between the County of Oakland, a Michigan
Constitutional and Miinicipal Corporati n, 1200 North Telegraph, Pontiac, Michigan
48341 ("County") and the City of Rochester Hills, a Michigan Municipal Corporation,
1000 Rochester Hills, Rochester Hills, Michigan 48309 ("City").
WHEREAS, the County and the City entered into a Joint Operating Agreement ("JOA")
on December 11, 2003 for the purpose of operating and maintaining the 52-3 District
Court Building ("Court"), located at 700 Barclay Circle and Rochester Hills Substation
("Substation") located 750 Barclay Circle, including but not limited to their buildings,
grounds, parking lots, utilities, and all other aspects related to operation and maintenance
of the Court and Substation; and
"WHEREAS, the JOA requires the Parties to review the terms and conditions of the JOA
on a periodical basis; and
WHEREAS, the JOA permits the renewal of the JOA upon mutual consent of the Parties;
and
WHEREAS, upon review of the JOA the Parties determined that the JOA needs to be
amended and renewed as set forth herein;
THEREFORE, in consideration of the mutual benefits of jointly operating the Court and
the Substation, the Parties agree to amend and renew the JOA as set forth herein.
1. Paragraphs 2-5 of the JOA shall be deleted and replaced with the "Schedule of
Responsibilities" attached as Exhibit A to this Amendment.
3. The JOA and Amendment shall be reviewed on an annual basis to determine
if the costs of maintaining the Court and Substation are being divided
equitably or if either Party can perform a responsibility listed in Exhibit A at a
lesser cost. If it is determined that the costs are not being divided equitably or
that either Party can perform a responsibility at a lesser cost, then this JOA
and Amendment shall be amended and modified to create an equitable
AMENDMENT 1[1].doc
Page 1 of 2
(City of 4chester County of Oakland
Mayor
ills Michael J. Gil-Igen. Board of Commis'sioners
Bryan It\,,BarrietA
City of .R)Tchester
e Leslie, City Clerk Bill Bullard, County Clerk
division of responsibilities or transfer the responsibilities to the Party that can
perform them at a lesser cost.
4. Except as expressly provided herein, all other telius and conditions of the JOA
shall remain in effect.
IN WITNESS WHEREOF, the City of Rochester Hills, as authorized by its City
Counsel and the County of Oakland as authorized by its Board of Commissioners,
have caused this Amendment to be executed by their respective authorized officers.
AMENDMENT 1[1].doc
Page 2 of 2
2/1 0/20i 0 aG of Responsibilities
Cor i:er District Court and Substation
Scone of Work Responsible Party A Courthouse Responsible Party @ Substation
;Building Maintenance and Operational County City
;Services, Including: All furnishings, Interior
;Finish Materials, HVAC Systems, Electrical ,
!Systems, Plumbing Systems, Fire
Suppression Systems, Communication
;Equipments, Building Envelope, Roof,
!Exterior Concrete Walks and Curbs,
!Retaining Walls, Fences and Gates, Asphalt
IPaving and Striping, and Insurance.
_..
Security and Building Access Systems, County County
Inclusive of The Secured Parking Area.
,
Custodial Services County County .
—
,Window Washing County County _
Floor Mats County County
:Pest Control County County _
Generator Preventative Maintenance, ntenance, County City
Testing, Inspections, and Repair ,
Snow Removal City City _
Jusive of Turf Maintenance, Tree/Shrub County County
:ire, Fertilization/Weed Control, Irrigation
/stern Maintenance, and Planting Bed
aintenance. _
_
.ash Removal - City City
eplacement of All Exterior Light Bulbs, City City
eluding Parking Lot Lighting, and Interior
)bby Lighting at the Court.
ote Each Party is Responsible For All
ther Interior Light Bulb Replacement In Its
rea Of The Building. i
JOINT OPERATING AGREEMENT
52-3 Rochester District Court/Sheriff Substation
Barclay Circle, City of Rochester Hills
Parcel No. l5-26-377-001
'This Joint Operating Agreement (JOA,) entered into this 1 1 t1•1 day of December,
2003, between the County of Oakland (County), a Michigan Constitutional Corporation,
1200 North Telegraph Road, Pontiac, Michigan 48341 and the City of Rochester Rills
(City), a Municipal Corporation, 1000 Rochester Hills, Rochester Hills, Michigan 48309.
WHEREAS, the County is the owner of a 9.2 acre parcel located on Barclay
Circle in the City of Rochester Hills known as parcel number 15-26.-377-001: and,
WHEREAS, the County and the City are engaged in the process of constructing a
new 52-3 District Court building (Court) and Sheriff Substation building (Substation) on
said County owned property: and,
WHEREAS, the Court building will be located at 700 Barclay Circle and the . •
Substation building will located at 750 Barclay Circle in the City of Rochester Hills: and,
WHEREAS, the County and the City have determined that it is to their mutual
benefit to enter into this Joint Operating Agreement (hereinafter JOA) for the purposes of -
operating and maintaining the Court and Substation buildings, grounds, parking lots,
utilities and all other operational aspects related to the functions and operations of said.
Court and Substation facilities; and
WHEREAS, it is the intent of the parties that the cost of maintaining and
servicing the facility be as equitably apportioned as possible both on a yearly basis as
well as over the term of the JOA, with the understanding that a precise division of the
costs will be neither practical nor cost effective; •
THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS OF
JOINTLY OPERATING THE SAID 52-3 DISTRICT COURT AND SHERIFF
SUBSTATION BUILDINGS AND GROUNDS, IT IS HEREBY AGREED BY AND •
BETWEEN THE COUNTY AND THE CITY AS FOLLOWS:
1. The term of this JOA shall commence on the date of issuance of a Certificate of.
Occupancy and/or a Temporary Certificate of Occupancy by the City for either the Court
or Substation, and shall end on a date five (5) years after such commencement date
hereinafter referred to as the "Original Term".
This agreement may he renewed by mutual consent of the parties up to three (3)
additional five (5) year te,las or less, upon terms and conditions mutually agreeable to the.
parties at the time of renewal,
The parties shall jointly review the terms and conditions of the JOA on the second
anniversary of the agreement and any five-year renewal, to determine if the costs of
maintaining and servicing the site are being equitably divided. If there is a
disproportionate burden being placed on one of the parties then the JOA shall he
amended to fairly apportion the costs of maintaining and servicing the site both on a
yearly basis and over the term of the JOA and any five-year renewal. The parties shall
jointly review the terms.and conditions of this agreement on the second anniversary of
this agreement for the purpose of determining if revisions are warranted.
2. The County shall be responsible for and provide at its expense, maintenance and
operational services for the following items at the Court Building: All furnishings,
electrical, plumbing, and fire suppression systems, communication equipment
and insurance.
3. The County shall be responsible for and provide at its expense, maintenance and
operational services for the following items at the Court House and Substation buildings:
All security systems and related equipment, inclusive of the secured parking arca,.
custodial services, inclusive of window washing, and. pest control as needed; and
,emergency generator(s).
4. The City shall be responsible for and provide at its expense, maintenance and
operational services for the following items at the Substation building: All furnishings,
1-1-VAC, electrical, plumbing, and Ere suppression systems, communication equipment
and insurance.
5. The City shall be responsible for and provide at its expense, maintenance and
operational services for the following items related to the Court and Substation buildings,
grounds and parking lots: Replacement of all interior and exterior light bulbs, including
parking lot light bulb replacement; all snow and ice removal on driveways, parking lots,
sidewalks, and steps; all grounds and landscaping maintenance and repair, inclusive of
shrub replacement; all dumpster trash removal.
6. Utilities. All utilities inclusive of but not limited to gas, water, sewer, electricity and
telecommunication lines shall be separately metered and paid for by each party for its
respective building. Utilities for the grounds and parking lots shall be metered and paid
for pursuant to the outline of grounds and parking lots surrounding each building as
contained in Exhibit A, attached hereto and to the Lease Agreement. If separate metering
of grounds and parking lots is problematic or impracticable then the costs for these
utilities will be apportioned according to the outline contained in Exhibit A, attached
hereto and to the Lease Agreement.
7. Liability, All liability to third parties for losses or damages as a result of claims,-
demands, costs, or judgments arising out of activities to be carried out by Count; in
performance of this agreement shall be the responsibility of the County, and not the
responsibility of the City if the liability, loss, or damage is caused by, or arises out of the
actions or failure to act on the part of the County, provided that nothing herein shall he
construed as a waiver or any governmental immunity that has been provided to the
County by statute or court decision.
All liabilityto third parties for losses or damages as a result of claims, demands ; costs, or
judgments arising out of activities to be carried out by City in performance of this
agreement shall be the responsibility of the City, and. not the responsibility of the County
if the liability, loss, or damage is caused by, or arises out of the actions or failure to act on
the part of the City, provided that nothing herein shall he construed as a waiver of any
governmental immunity that has been provided to the City by statute or court decision.
In the event that liability to third parties for losses or damages arises as a result of
circumstances where both parties share some responsibility for the loss or damage, then
such loss or damage shall be borne by the Parties in relation to each party's proportionate
responsibility for the loss or damage sustained, provided that nothing herein shall be
. construed as a waiver by the party's of any governmental immunity that has been
provided to them by statute or court decision.
8. Notices. Any notice or other communication required to be given shall be deemed to
have been sufficiently delivered, if delivered either personally or by registered or
certified mail, postage and charges prepaid to the to the other Party as directed in this
paragraph:
Michael Flughson
Property Manager for Oakland County
I Public Works Drive
Waterford, MI 48328-1907
248-858-5380
John Hines
1000 Rochester Hills
Rochester Hills, MI 48309
248-656-4615
Any notice which is served personally shall be deemed to be given on the date on which
the same is actually served, and any notice which is sent by mail shall be deemed given
two (2) days after the same is deposited in a regularly maintained receptacle for the
deposit of United States mail, addressed as provided in for in this paragraph. Any Patty
may change its address for purposes of giving Notice by giving the other Party written
notice of the address change.
9. Termination. Either party shall have the option to terminate this Agreement upon .
default by the other party of any of the terms and conditions contained herein, provided
that the party seeking termination must give the other Party sixty ( 60) days notice to cure
the default. If the defaulting party does not cure the default within sixty (.60) days, then
the aggrieved Party has the option to terminate this Agreement.
Oman termination of this Aare-en-lent the Parties shall be responsible for maintainine. the
building under their control. The grounds and parking lots surrounding each building as
outlined in Exhibit A shall be maintained separately by the parties. To the extent that
each Party is required to maintain the grounds and parking lots for the mutual benefit of
both Parties, either Party shall have a cause of action against the other for failure to
maintain the grounds and parking lots in an appropriate state of repair for common usage
by the other Party.
10. Ownership, Ownership of the premises shall be in accordance with the Lease
Agreement between the Oakland County Building authority, and the County of Oakland,
and the sub-lease between the County of Oakland and the City of Rochester Hills.
11. ingress/Egress/Easements. The parties shall have the right of ingress and egress over
the entire parking- lot and sidewalk systems inclusive of the secured parking area located
on theproperty. Permanent reciprocal easements for ingress, egress, parking, access to
the secured parking area, and fire lanes will be provided by the parties. Any future
• easements that may be required over the property shall not be unreasonably withheld by
either the City or County. These easements will survive the termination of the JOA.
12. Signage. The County shall be responsible for and provide at its expense all
appropriate i.7-ourt and substation sig-nage inclusive of fabrication, instEdlation, repair and
replacement, and/or erection. Signage will include way finding sighs both inside and
outside of the buildings. Signs will be replaced as necessary, but will not be replaced to
reflect changes in elected officials, except judges, unless the expense is born by the party
whose officials have changed. The cost of changing sins for changes in elected officials,
except judges, will not he considered a cost of joint maintenance and servicing of the site.
13. Default. If either party defaults in any of its obligations under this .10A, the Other
party shall have all remedies available to it under the law.
14, Entire. Agreement. This JOA and the sub-lease between the County and the City
constitute the entire ageernent of the Parties with respect to the Court and Substation.
15. Assignment. The parties shall not assign or in any manner transfer this JOA or •
any estate or interest therein withoutthe prior written consent of the other party..
16. Governing Law. This JOA shall be interpreted under and governed by the laws of the
State of Michigan.
17. Amendments to -Agreement, This joint Operating Agreement may be amended by
mutual agreement of the parties.
IN WITNESS WHEREOF, the City of Rochester Hills as authorized by its City
Council and the County of Oakland, as authorized by its Board of Commissioners, have
caused this Joint Operating Agreement to be executed by their respective authorized
officers, and their seals to be affixed hereto, all as of the day and date first above written.
CITY OF ROCHESTER HILLS COUNTY OF OAKLAND
Patricia A. Somerville, Mayor Thomas A. Law, Chairperson
City of Rochester Hills Oakland Count, Board of Commissioners
Beverly _A. Jasinski, City Clerk
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
The foregoing instrument was acknowledged before mc this day of 2003,
by Patricia A. Somerville, Mayor and Beverly A. fasinski, City Clerk of the CITY OF
ROCHESTER HILLS, a Municipal Corporation, on behalf of said City.
The foregoing instrument was acknowledged betbre me this day of 2003,
by Thomas A. Law, Chairperson, Oakland County Board of Commissioners, for Oakland
County, a Michigan Constitutional and Municipal Corporation, on behalf of said County.
Notary Public, Oakland County, Michigan
My Commission Expires:
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
The foregoing instrument was acknowledged before me this day of 2003,
by Thomas A. Law, Chairperson of the Board of Commissioners of the COUNTY OF
OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation.
Michael D. Hudson
Notary Public, Oakland County, Michigan -
My Commission Expires: 5/5/2004
umnbcr2002'.2002-0SUO thru 2002-05992002-0539 JOA 52-3 Dist C(City of Rochester Hills), OCSD
SaistationTinal JOA.cloc
.5
Resolution #11137 July 6, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC . #11137) July 21, 2011
BY: FINANCE COMMI I TEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS —
APPROVAL OF JOINT OPERATING AGREEMENT BETWEEN THE OAKLAND COUNTY
SHERIFF'S OFFICE AND 52-3 DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule Xil-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution approves and authorizes a Joint Operating Agreement (JOA)
between the County of Oakland and the City of Rochester Hills for the operation
and maintenance of the 52-3 District Court Building and Rochester Hills
Substation. including buildings, grounds, parking lots, utilities, and all other
aspects related to operation and maintenance of the Court and Substation.
2. The JOA provides a schedule of responsibilities to be performed by the County
and by Rochester Hills and shall be reviewed on an annual basis to determine if
costs are being divided equitably.
3. The County and Rochester Hills will perform a periodic 'true-up' whereby the
County will either pay Rochester Hills if Rochester Hills costs exceed the
County's cost or will invoice Rochester Hills if the County's costs exceed
Rochester Hill's costs.
4. The JOA renewal is effective through 03/31/2016.
5. Funding for the County's costs associated with the JOA is included in the
Facilities Maintenance & Operations Fund #63100 budget. No additional funding
is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel and Quarles absent.
Resolution #11137 July 21, 2011
Moved by Runestad supported by Zack the resolutions (with fiscal notes attached) on the
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Weipert,
Woodward, Zack, Bosnic, Covey. (23)
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).
ROVE THE FOR!LGONG RESOLUT(
/
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 21, 2011, 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 21 st day of July, 2011.
p"ALL,2 E. 7
Bill Bullard Jr., Oakland County