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HomeMy WebLinkAboutResolutions - 2012.03.07 - 20008February 16, 2012 MISCELLANEOUS RESOLUTION #12036 BY: PLANNING & BUILDING COMMITTEE, DAVID PnTTS CHAIRPERSON IN RE: FACILITIES MANAGEMENT/FACILITIES ADMINISTRATION — LICENSING OF COURTHOUSE PARKING SPACES TO BILL FOX CHEVROLET TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the County was approached by Bill Fox Chevrolet in the spring of 2011 regarding leasing/licensing vacant parking spaces for temporary storage of new vehicles at the Rochester Hills District Courthouse (700 Barclay Circle); and WHEREAS the Court Administration at the Rochester Hills District Courthouse and the Sheriff's Office were consulted concerning the use of the parking spaces and provided their consent to proceed, along with their preferences for parking spaces to use; and WHEREAS Facilities Management then developed a site plan (see attached Exhibit A); and WHEREAS the City of Rochester Hills reviewed the proposed use of the parking lot at the Rochester Hills District Courthouse and allowed the County to proceed; and WHEREAS Facilities Management requested a license agreement to be prepared by Corporation Counsel (see attached License Agreement); and WHEREAS Facilities Management requested a determination of appropriate insurance requirements from Risk Management (see attached Exhibit B); and WHEREAS, based on the provided license agreement and insurance requirements, Facilities Management developed bid specifications and requested the assistance of the Purchasing Division to issue a request for proposals; and WHEREAS one proposal was received from Bill Fox Chevrolet; and WHEREAS the proposal from Bill Fox Chevrolet met all Purchasing guidelines; and WHEREAS the Court Administration at the Rochester Hills District Courthouse and the Sheriff's Office subsequently provided their concurrence to proceed with the License Agreement; and WHEREAS the term of the license shall be one year and may be renewed by mutual consent for two additional years; and WHEREAS the license can be unconditionally terminated by either party; and WHEREAS Bill Fox Chevrolet shall pay S1000 per month for the use of the 126, licensed parking spaces; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached license agreements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached license agreement between the County of Oakland and Bill Fox Chevrolet. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his or her designee to execute the attached license agreement and all other related documents, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & uilding Committee Vote: Motion carried unanimously on a roll call vote License Agreement The County of Oakland, 1200 North Telegraph, Pontiac, Michigan, 48341, hereby grants a License for use of its property as set forth herein to: Name of Entity or Person ("Licensee"): Bill Fox Chevrolet Address: 725 5. Rochester Road, Rochester Hills, Michigan. 48307 Contact Person: Mike Hoornaert Telephone Number: 248-651-7000 cell :248-330-2004 E-Mail Address: mikeh@autobyfox.com The Parties agree to the following terms and conditions: 1. Use of County Property. Licensee may only use the property described below for the purposes set forth in this Agreement. 1.1. Definition and Location of Property. Property is defined as the real property illustrated in Exhibit A, specifically 126, parking spaces for storage of vehicles in areas A and C ("Property"). Exhibit A is incorporated by referenced into this Agreement. 1.2. Use of Property. The Property shall be used for parking and storing vehicles associated with Licensee's business operations. • Term. This Agreement shall commence on February 1, 2012 and end one year from such date. This Agreement may be renewed for two (2) years by mutual written consent of Licensee and the County's Director of Facilities Management or his/her successor. 1.3. Licensee Fee. Licensee shall pay the County one thousand dollars ($1,000.00) per month as a License Fees for use of the Property. The Licensee Fee is due and owing on the first day of each month, in advance. Checks should be made payable to the "County of Oakland" and sent to: Oakland County Treasurer's Office—Cash Acctg Bldg 12E, 1200 North Telegraph Road, Pontiac, Michigan 48341-0479. Should this Agreement commence on a day other than the first of the month, then the License Fee for such month and the last month of the term shall be prorated upon a daily basis based upon a thirty (30) day month. 1.4. Licensee shall not place any signs or advertisements on the Property without the prior written consent of the County's Director of Facilities Management or his/her successor, except that Licensee may erect signs that state "NO ENTRY" or "NO PUBLIC PARKING" on the Property. Licensee shall be responsible for maintaining any signs it erects on the Property in good condition. 1.5. Licensee shall keep the Property and anything stored thereon in good order and repair and in a clean, safe, and healthful condition, including vehicles stored on the Property, which shall be in a new and/or good condition. Page 1 of 5 1.6. Licensee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by the County's Director of Facilities Management or his/her successor. 1.7. Licensee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.8. The County may temporarily modify the number of spaces made available to Licensee at any time upon thirty (30) days written notice to Licensee, if such spaces are needed for governmental operations. The written notice shall state how long such spaces are needed for government operations. 1.9. At the expiration or termination of this Agreement, Licensee shall leave the Property in the same condition that Licensee found it and clean of all rubbish. Licensee shall remove of all of its personal property within thirty (30) days of expiration or termination of this Agreement. If Licensee does not remove its personal property within the thirty (30) day period, the County shall dispose of it and bill Licensee for any costs associated with the disposal. 2. Licensee Responsibilities. Licensee shall have the following responsibilities and obligations: 2.1. Between November 1 st and April 1st Area C (15 parking spaces), as illustrated in Exhibit A, shall not be used by Licensee and must be left vacant for snow storage by the County. 2.2. Licensee shall keep the drive lane on the Property, as illustrated in Exhibit A, open and unblocked at all times 2.3. Vehicles stored on the Property must be parked within the provided parking space lines and must not be parked bumper-to-bumper, i.e., more than two cars parked in a lined parking space. 2.4. When entering and exiting the Property Licensee shall not use the County's public parking lot at the District Courthouse. Licensee shall enter and exit the Property as illustrated on A. 2.5. Licensee shall be responsible providing snow and ice removal services for the Property. 2.6. Licensee and all persons performing work on behalf of Licensee shall not in any manner hold themselves out to be agents or employees of the County. 2.7. Licensee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property. 2.8. Licensee shall not sell or permit anyone to sell or consume alcoholic beverages on the Property. 3. County Responsibilities. Licensee shall have the following responsibilities and obligations: Page 2 of 5 3.1. The County shall maintain the Property, including the parking lot and surrounding grounds in a good and useable condition, except that Licensee shall provide snow and ice removal services for the Property. 4. Liability/Assurances. 4.1. Damage to County Property. Licensee shall be responsible for any damage to any County property or facilities that is caused by Licensee, its employees, agents, invitees, volunteers, or subcontractors or any other persons on the Property because of Licensee's use of the Property. If damage occurs, the County shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Licensee shall reimburse the County for all costs associated with repairing and/or replacing the damaged property or facilities. 4.2. Damage to Licensee Property. Licensee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Licensee's personal property located, kept, or stored on the Property during Licensee's use of the Property. 4.3. Licensee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Licensee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 4.4. Licensee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter or to be disposed upon any County property. 4.5. Indemnification. Licensee shall indemnify and hold harmless the County of Oakland, it Boards, Commissions, officials, and employees from any and all Claims that are incurred by or asserted against the County by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Licensee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property because of Licensee's use of the Property. 4.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 3 of 5 5. Insurance. Licensee shall obtain and maintain insurance according to the specifications set forth in Exhibit B. Exhibit B is incorporated by reference into this Agreement. 6. Termination. Either Party may terminate this Agreement upon ninety (90) days written notice to the other Party for any reason. 7. Compliance with Law. Licensee, including its employees, agents, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, and the requirements of this Agreement. 8, No Interest in Property. Licensee shall have no title in and to the Property or any portion thereof and has not, does not, and will not claim any such title or any easement over the Property. 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties, Notwithstanding the foregoing, Licensee shall not assign any portion of this Agreement without the prior written consent of the Director of Facilities Management or his/her successor. 10. Waiver. The failure of the County to insist upon strict performance of any covenants or conditions of this Agreement or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this Agreement shall be deemed to have been waived by the County, unless such waiver is in writing by the County. 11. Amendments. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 12. Severability. If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstance is deemed to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such term, covenant or condition to persons or circumstances, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term materially alters the basic intent of the Parties in executing this Agreement, 13. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 14. 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. 15. 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. Page 4 of 5 16. Effective Date. The Effective Date of this Agreement shall be the date upon which the last of the Parties listed below has signed the Agreement. 17. 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 LICENSEE: NAME: Michael J. Hoornaert TITLE: General Manager DATE: January 23, 2012 SIGNATURE WITNESS: NAME: Mark Hlavaty TITLE: New Vehicle Sales DATE: January 23, 2012 SIGNATURE APPROVED AND AUTHORIZED BY THE COUNTY: NAME: TITLE: DATE: SIGNATURE WITNESS: NAME: TITLE: DATE: SIGNATURE Page 5 of 5 Exhibit A PROPOSED LEASE PLAN (SITE PLAN) 18 18 B100.16 ZONED B- Oakland Co, Dopartm,nt Managetrer Facilities MaIntonanct & Opera/on Di.ston Facilities Enqineering Dimston Facilities Plannilg Group 26264 0 Tam" - 2640 (6W2609, -0 -1 CARPORT 26 SPA 0 goer FUTURE PROPERTY LI 26 i 00/ /.1 1 0_ Lu c) 0 p-m LLI Ui > r.r.?n7:7,;Y 11-360 AREA A (111 BAYS) 1 I `,1. NORIH & PROPOSED LEASE PLAN UPLIATEr, 01,216:2012 _7" Alimr a' O / rWW l I t i O .l. C a O M U * R 4 T NTRAN * C / Epv á . - I / rig C COURTHOUSE EXHIBIT A 8-5AN (1"811417F) tii-SAN (PRIVATE) Li !Li PR1POSED-1 r TAMINA-c 111=1 SALLY- PORT MECH riarigiltimparessis en SHERIFF'S SUBSTATION 9264 67V FESMAE SHERIFF'S PATROL / EMPLOYEE PARKING SPACES) Liz 1111 j I, miss . EN 340n0 67.29' I 11. 111111111111! 111, SISSIACE spA arltl MECH • \ . , UDGES 1 COURT EMPLOYEE PARKING 1 [ 5 0 11). • _mei - 1 • \t' 8111.4 LI W. ' ' r 1 1 . PACS) 11-- (85 SPACES ried, ikh.. A. 4 SA40,4125,4. RE3772.£ m Ie __ .7.5, - ' meal, , mmummtionli p.m ------ - - - • --A.:- A IIIIMWEVIG- .. . - - ' - -------- ''''''..47.77,7::',7ZRZ,74"•:' \ \\\ \ n,,,,N, -.N ,%%.. ik ,..-N, . ...... .. .. . .....-....1...::::::%::::::-.:!:::;:,.::::; [ . •• .•.>;'.• ..\•• • --- \ '1/4 ..-'\'• \ IN 24 RESERVED1 DRIVE LANE OPEN AT ALL TIMES \ \, OUT , — s' \s„ laN,,N, • N vt.' • \ N I i BAYS : k %c\ \I\ \SSnk4bn\ '' kn06\ \ \S V \' k441 \ \ t4:4i 1 16. blom ....-.. N. n.. n. \-\,..n, '&. n \-\. th.... 6.-. . 6. sSi.... h. 6. 111111111-- - ‘\_. ..2. C--.2 h.,.__s.Nk n ,.%ps.... _N...., , \n.1?„\. N.I.Ss„_&.,,n„.,,nA`..._ , _,._ ..,,n .... . .N",\''.. n,..n.„. ,... .. & 6. '''' k h. .. , AREA FOR FUTURE ADDITION MI 4 • Exhibit B CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: AiCCIMIL7 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tern-is and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the . certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Zurich N.A. - Account Service Center NA Zurich, Account Service Center ME: PHONE 7045 College Blvd. (A/C No. EXT): 877-225-5276 FAX (A/C No): 888-734-6776 Overland Park, KS 66211 E.MAIL ADDRESS: service.center@zurichna.com Fax: 888-734-6776 Ph: 877-225-5276 Opt. 1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED 010867602 INSURER A: Universal Underwriters Insurance Company 41181 BILL FOX CHEVROLET, INC. INSURER B: Universal Underwriters of Texas Ins. Co. 40843 INSURER C: 725 S ROCHESTER RD INSURER D: ROCHESTER HILLS, MI 48307 INSURER E: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADD'LiUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTP INSRD WVD (MMIDD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURENCE $300,000 — B , I ;a COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED i PREMISES (Ea occurrence) $ t I ID CLAIMS MADE E OCCUR MEC EXP (Any one person) $ I Ti 317029 07-01-2011 07-01-2012 PERSONAL & ADV INJURY $ i 1 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP ACC F1 POLICY PROJECT El LOC — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B I I ANY AUTO (Ea Accident) $300,000 T1 ----t ri ALL OWNED AUTOS BODILY INJURY Per person) s El SCHEDULED AUTOS 317029 07-01-2011 07-01-2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE 0131 HIRED AUTOS I (Per accident) $ NON-OWNED AUTOS $ T1 COMPICOI L DED $ r $ ri UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 ..... ON EXCESS LIAB CI CLAIMS-MADE AGGREGATE B r__,4*.' DEDUCTIBLE 317029 07-01-2011 07-01-2012 I i PRODUCTS - COMP/OP AGO Z RETENTION $_Q $ WORKERS COMPENSATION AND r-i WC STATU- Cm- EMPLOYERS' LIABILITY L—I TORY LIMITS ER i ANY PROPR1ETOR/PARTNER/EXECUTIVE Yi N 1 OFFICER/MEMBER EXCLUDED, III N / A II E.L. EACH ACCIDENT I (Mandatory in NH) If yes. describe under E L DISEASE -EA EMPLOYEE ) DESCRIPTION OF OPERATIONS below ' E.L. DISEASE - POLICY LIMIT l ft GARAGE LIABILITY 317029 07-01-2011 07-01-2012 OTHER THAN AUTO ONLY $ 300,000 B I O. EACH ACC: 171 ANY AUTO B CUSTOMER AUTO-LEGAL LIABILITY IP r 317029 07-01-2011 07-01-2012 $ 750,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Reason for Certificate: Landlord Agreement . 30 day notice of cancellation applies, except for cancellation due to non-payment of premium, See Additional Remarks Schedule Attached CANCELLATION COUNTY OF OAKLAND 700 BARCLAY CIRCLE. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ROCHESTER HILLS, MI 48307 Attn: AUTHORIZED REPRESENTATIVE Fax: 0 1988-2010 ACORD CORPORATION, All rights reserved The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/06) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Ali .C4C) I? I:3' AGENCY Zurich, Account Service Center POLICY NUMBER 317029 AGENCY CUSTOMER ID: 010867602 LOC #: ADDITIONAL REMARKS SCHEDULE Page_3 of_3 NAMED INSURED BILL FOX CHEVROLET, INC. 725 S ROCHESTER RD ROCHESTER HILLS, MI 48307 CANNIER Universal Underwriters of Texas Ins. Co. ADDITIONAL REMARKS NAIC CODE 40843 EFFECTIVE DATE: 07-01 -2011 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insuranc overed locations include: 52-3 District Court, 700 Barclay Circle.(Rear) Rochester Hills, MI 48307 nd 0033 Applies: County of Oakland, its Board, Commissions, Officials, and employees are named as an Additional nus red. nd 0757 Applies: Waiver of Subrogation required by contract. nd 0528 Applies: 30 days notice of cancellation. 'WARNING---WHEN A NAMED EXCLUDED PERSON OPERATES A VEHICLE, ALL LIABILITY COVERAGE IS VOID--NO NE IS INSURED. OWNERS OF THE ACTS OF THE NAMED EXCLUDED PERSON REMAIN FULLY PERSONALLY ESPONSIBLE." ACORD 101 (2008/01) © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD OR DEALERS" IF "DEALERS WORKING 2900 PACKARD RD. SUITE 2 • YPSILANTI MI 48197-1968 m PFI:(866) 919-9578 • FX:(734) 572-9297 CERTIFICATE OF COVERAGE POLICY HOLDER BILL FOX CHEVROLET INC. 725 S ROCHESTER RD ROCHESTER HILL MI 48307 MAILING ADDRESS BILL FOX CHEVROLET INC 725 S ROCHESTER RD ROCHESTER HILLS MI 48307 MADSIF POLICY NUMBER: 380018 This will certify that the company identified above is a participant in good standing with MADSIF and is thereby guaranteed full statutory coverage for workers' disability compensation claims filed under the Michigan Workers' Disability Compensation Act. This coverage is provided through authority granted by the State of Michigan under Chapter 6, Section 418.611, Paragraph (d) of the Workers Disability Compensation Act. Effective Date of Coverage: 01/01/2012 Coverage Terminates: 01/01/2013 Part One: Workers Compensation Coverage Limit: Statutory Limits Part Two: Employer's Liability Coverage Limits: $1,000,000 Insurance Carriers: • MADSIF Self-Insured Retention $500,000 each accident/each disease combined for Part One and Part Two * United States Fidelity & Guaranty Company Policy Dl 05X00009 Part One - Statutoiy limits excess of MADSIF's $500,000 SIR Part Two - $500,000 excess of IvL4DSIF's 8500,000 SIR Date: January 30, 2012 Timothy E.fi9berts Fund Administrator Resolution #12036 February 16, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. GENERAL FUND 10100 FY2012 FY2013 FY2014 FISCAL NOTE (MISC . #12036) March 7,2012 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: FACILITIES MANAGEMENT/FACILITIES ADMINISTRATION — LICENSING OF COURTHOUSE PARKING SPACES TO BILL FOX CHEVROLET 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 approves and authorizes a license agreement with Bill Fox Chevrolet for the use of 126 parking spaces for the temporary storage of new vehicles at the Rochester Hills District Court, located at 700 Barclay Circle, 2. Facilities Management developed bid specifications and requested the assistance of the Purchasing Division to issue a request for proposals; one proposal was received from Bill Fox Chevrolet. 3. The license term is for one (1) year and may be renewed by mutual consent for two additional years. The license can be unconditionally terminated by either party. 4. The license agreement requires that Bill Fox Chevrolet pay $1,000 per month for the use of the 126 licensed parking spaces with the license fee due and owing on the first day of the month, in advance. 5. Should the license agreement commence on a day other than the first day of the month, the license fee shall be prorated upon a daily basis based on a thirty (30) day month. 6. The Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the license agreement. 7. The FY 2012, FY 2013 and FY 2014 budgets are amended as follows: 9010101-196030-631106 Licenses $7,000 $12,000 $12,000 9010101-196030-665882 Planned Use Bal ($7,000) ($12,000). $12,000) $ -0- $ -0- $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. Resolution #12036 March 7, 2012 Moved by Taub supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY AfPROVE THEI FOREGOING RESOLUTION 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 March 7, 2012, 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 7th day of March, 2012. Bill Bullard Jr., Oakland County