HomeMy WebLinkAboutResolutions - 1992.06.25 - 20469Miscellaneous Resolution #92148 June 25, 1992
G AND BUILDING COMMITTEE
"Y APPROVE THE FOREGOING RESOLUTION
Murphy, Coianty
BY: Planning and Building Committee, John E. Olsen, Chairperson
IN RE: Central Services/Radio Communications - Contract with the City of
Southfield for a Radio Tower Site - Southfield City Property
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Board of Commissioners, on MR 90281, 12-13-90, awarded
a contract for the construction of an 800 MHz County-wide communication system; and
WHEREAS, such a system involves the construction of radio communication
towers at various locations throughout the County; and
WHEREAS, one of the planned tower sites is to be located in the City of
Southfield located at 26000 Evergreen Road, Southfield, Michigan; and
WHEREAS, the Radio Communications Oversite Committee, created by MR
91247, 12-12-91, has negotiated a contract with the City of Southfield for use of its
property in exchange for the use by them of the 800 MHz tower; and
WHEREAS, MR 82176, 6-3-82, requires that all intergovernmental
agreements be approved by the Chairman of the Board of Commissioners; and
NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with the City of Southfield and authorizes
the chairman of the Board to execute said contract in accordance with MR 82176.
BE IT FURTHER RESOLVED that this contract shall also be signed by the
County Executive in order to be consistent with other system tower site contracts which
do not involve other governments or government agencies.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
•••
COMMUNICATION TOWER AGREEMENT
CITY OF SOUTHFIELD
THIS AGREEMENT, made and entered into this day of , 1992, by
and between the CITY OF SOUTHFIELD, a Michigan municipal corporation, whose
address is 26000 Evergreen Road, Southfield, Michigan 48076 (hereinafter referred to as
"City"), and the COUNTY OF OAKLAND, a Michigan Constitutional corporation
(hereinafter referred to as "County"), as represented by its County Executive.
WHEREAS, the County has requested that it be permitted to construct, operate and
maintain a communications tower, attendant building and related facilities on certain
property owned by the City; and
WHEREAS, the County intends that such tower, building and related facilities, will
provide significantly improved communication capabilities to various governmental
agencies, resulting in improved services including emergency services; and
WHEREAS, utilization of such tower by the City will enable the City to avoid the
expenditure of funds which would otherwise be made to improve its own communication
tower facilities; and
WHEREAS, in the judgment of the County and the City, the construction and
operation of such tower, building and related facilities upon the City's property by the
County and the City's use of the tower, subject to the conditions set forth herein, would
be in the best interests of the public.
Reis: 6-17-92
NOW, THEREFORE, it is hereby agreed between the parties as follows:
1. That subject to the terms and conditions set forth below, the City hereby agrees
to permit the County to construct, operate and maintain a radio transmission tower and
related facilities in accordance with and as more fully described on Exhibit A attached
hereto, upon the City's property.
2. The County agrees to assume total and exclusive responsibility for the design,
construction, operation, maintenance, replacement and/or removal of the tower and related
facilities for so long as they may exist. If, for any reason, this Agreement is terminated,
the County agrees to remove the tower and related facilities and to restore the property
where same are to be located, to a condition reasonably similar to that prior to the
construction thereof.
. 3. During construction and upon completion of the installation of the tower and
related facilities, the County agrees to save harmless, indemnify, represent and defend
the City and its employees, elected and appointed officials, volunteers and agents from
any and all claims, demands, suits, liability, or loss, including all costs and/or damages
connected therewith, for death, bodily injury or property damage or any other claim relating
to or arising out of the design, location, construction, operation, maintenance, repair
replacement and/or removal of the tower and related facilities.
4. Throughout the term of this Agreement and any extensions thereof, the County
shall carry the following insurance coverages. Insurance limits may be adjusted from time
to time by mutual consent of the City and County, but in no instance shall the limits be
less than those set forth below. In addition, the County shall require any contractors
involved in the installation, operation, maintenance, repair or replacement of the tower,
equipment building and related facilities to carry like insurance.
A. Worker's compensation insurance, including employer's liability coverage,
shall be in accordance with all applicable statutes of the State of Michigan.
B. Commercial general liability insurance on an "occurrence basis" with
limits of liability not less than $3,000,000 per occurrence and/or aggregate combined
single limit, personal injury and property damage. Coverage shall include the following
extensions: (i) contractual liability; (ii) products and completed operation; (iii) independent
contractor's coverage; (iv) broad form general liability extensions or equivalents; and (v)
deletion of all explosion, collapse and underground exclusions.
C. Motor vehicle liability insurance, including Michigan no—fault coverages,
with limits of liability of not less than $2,000,000 per occurrence combined single limit for
personal injury and property damage. Coverage shall include all owned, non—owned and
hired vehicles.
D. Commercial general liability coverages, as described above, shall include
an endorsement stating the following shall be "Additional Insureds": The City of
Southfield, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers
thereof. These coverages shall be primary to the Additional Insureds and not contributing
with other insurance or similar protection available to the Additional Insureds even though
other available insurance be primary, contributing or excess.
E. Worker's compensation insurance, commercial general liability insurance
and motor vehicle liability insurance, as described above, shall include an endorsement
stating that the City shall be given thirty (30) days advance written notice of cancellation,
non—renewal, reduction and/or material change in such coverages.
5. That the County and/or its contractor(s) shall be solely responsible for obtaining
all permits and approvals that may be required by the City in reference to the proposed
construction and operation of the tower and related facilities.
6. That the County and/or its contractor(s) shall comply with all applicable Federal,
state and local laws, ordinances and regulations in reference to the proposed construction
and operation of the towers and related facilities.
7. The County and/or its contractor(s) shall take all appropriate measures to
ensure the safety of the site during construction. Upon completion of construction or
maintenance, County and/or its contractor(s) shall reasonably restore the land to its
condition prior to such construction or maintenance.
8. The County shall conduct activity upon the City's property in compliance with all
applicable federal, state and local statutes, rules and regulations and shall obtain all
permits necessary for compliance with said statutes, rules and regulations.
9. The County shall, at its own expense, obtain all necessary permits and licenses
required by the Federal Communications Commission (FCC) and the Federal Aviation
Administration (FAA) and shall be responsible for continual compliance with FCC and FAA
rules and regulations.
10. The County may lease or otherwise provide space on the tower to third parties
with the consent of the City, which consent shall not be unreasonably withheld and subject
to such terms and conditions as the City may reasonably require. County shall ensure
that neither County's communication system nor the communication systems placed on
the tower by third parties interfere with the operation of the City's communication system.
11. In the event the City desires to place its communication system on the tower,
the County agrees to allow the City free of charge to use said tower and related building
subject to the following conditions:
A. TOWER
Any antennae to be installed on the tower shall be no more than 6-9 db gain
fiberglass and installed no higher than 150 ft. AGL and operate in the public safety license
frequencies, provided they do not cause harmful interference with the County's operations.
B. BUILDING
Floor space not to exceed 18 sq. ft. for radio cabinets and ancillary
equipment.
C. In the event the City elects to place antennae on the tower and/or use the
County's building, it shall bear all costs of said placement and use.
12. Except as specifically provided in this Agreement, nothing contained herein
shall be construed to limit or otherwise alter the rights and interests of the City in its
property.
13. That the term of this Agreement shall commence upon the date first written
above and shall continue for a period of 25 years; and shall be renewed automatically for
additional 10 year periods, unless written notice of intent not to renew is provided by either
party, to the other party, not less than 1 year prior to the expiration of the original 25 year
term, or any 10 year extension thereof. Upon termination of this Agreement, the City shall
have the option to take over ownership, control and possession of, and responsibility for,
the tower, building and related facilities, otherwise, the County shall, upon termination of
this Agreement, dismantle and remove the tower, building and related facilities, and shall
reasonably restore the subject property to its prior condition.
14. This Agreement shall inure to the benefit of and be binding upon the respective
parties hereto, their succession and assigns.
15. This Agreement sets forth the entire Agreement of the parties and supersedes
any prior understanding and agreement that may have existed between the parties. Any
amendments or modifications of this Agreement shall be in writing.
CITY OF SOUTHFIELD
BY:
Its: Mayor, Donald F. Fracassi
BY:
Its: City Clerk, Mary A. Bonner
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
BY:
Its:
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In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 25th day 90 June 1992
Resolution # 92148 June 25, 1992
Moved by Olsen supported by Caddell the resolution be adopted.
AYES: Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid,
Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, Krause, Law, McConnell, McCulloch, Moffitt. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 June 25, 1992
with the original record thereof now remaining in my office.
lynr10. ATTen, County Clerk