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HomeMy WebLinkAboutResolutions - 1992.05.21 - 20940Miscellaneous Resolution 92110 May 21, 1992 PL / NO AND BUILDING COMMITTEE BY: Planning and Building Committee, John E. Olsen, Chairperson IN RE: Central Services/Radio Communications - Contract with the City of Rochester Hills for a Radio Tower Site - Rochester Hills 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 the City of Rochester Hills Property, located at 1000 Rochester Hills, Drive, Rochester Hills, Michigan; and WHEREAS, the Radio Communications Oversite Committee, created on MR 91247, 12-12-91, has negotiated a contract with the City of Rochester Hills for use of their property in exchange for use by them of the 800 MHz tower and microwave system; 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 Commissioners approves the attached contract with the City of Rochester Hills 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. HEREBY VETO THE FOREGOING RESOLUTION 4/30/92 COMMUNICATIONS TOWER AGREEMENT This Agreement, is entered into on , 1992 between the City of Rochester Hills (the "City"), a Michigan municipal corporation, whose address is 1000 Rochester Hills Drive, Rochester Hills, Michigan 48309, and the County of Oakland (the "County"), a Michigan Constitutional corporation, whose address is , Michigan WHEREAS, the County has requested the City's permission to install, operate and maintain a communications tower, equipment building and related facilities on certain property ("the subject property") owned by the City; and WHEREAS, the subject property is the location of the City's municipal and administrative offices; and WHEREAS, the County intends and represents that the proposed tower, building and related facilities will replace the County's existing communications facilities, and will significantly enhance the County's communications capabilities to various governmental agencies, resulting in improved public services including emergency services; and WHEREAS, utilization of the proposed tower by the City will allow the City to avoid the necessity and expense of having to improve or replace the City's existing communication tower and related facilities; and WHEREAS, in the City's and County's judgment, the public's best interests will be served and public funds will be more efficiently utilized if the County is permitted to construct the proposed tower, equipment building and related facilities on the subject property, and if the City is permitted to utilize the tower. NOW THEREFORE, in consideration of the mutual promises, responsibilities and obligations set forth herein, the City and County agree: 1. Grant of License. Subject to, and conditioned upon, the County's continued conformance to and fulfillment of the terms and conditions set forth in this Agreement, the County shall be, and hereby is, granted a license allowing the County to install, operate and maintain on the subject property a radio transmission tower, equipment building and related facilities in accordance with, and as are more fully described on, the site plan attached as Exhibit "A." Except as specifically provided in this Agreement, nothing contained herein shall be construed to lessen or otherwise alter the City's rights and interest in the subject property. 2. County Responsibility; Compliance With Laws. During the term of this Agreement and any extensions thereof, the County shall have full and exclusive responsibility for the design, installation, operation, use, maintenance, repair, replacement and/or removal of the tower, equipment building and related facilities. The County shall perform and conduct design, installation, operations, maintenance, repair, replacement, and/or removal of the tower, equipment building and related facilities in a neat and workmanlike manner 2 consistent with good engineering practices. The County shall undertake all appropriate measures to ensure the safety of the site during and following installation. The County shall conform with, and remain subject to, all applicable federal, state and local laws, ordinances, regulations, rules, and requirements relating to the design, installation, operation, use, maintenance, repair, replacement and/or removal of the tower, equipment building and related facilities, and the County shall apply for and obtain any necessary permits and approvals required thereby. 3. Replacements. The County may from time to time replace any of the facilities to be installed with new or different facilities with the same or different specifications, provided that the replacement otherwise conforms to this Agreement and all applicable federal, state and local laws, ordinances, regulations, rules and requirements, and further provided that with respect to the tower and equipment building no replacements shall exceed the height, length and width dimensions shown on the approved site plan unless prior approval is obtained from the City. 4. Electric Service. The County shall not utilize electric power supplied by the City's existing transformer located on the subject property. Electric service for the tower, equipment building and related facilities shall be provided through a new transformer and meter to be installed by the County. The County shall be solely responsible for the cost of such electric service, transformer and meter. 3 5. c_ity's Use of County Tower. The City shall have the right, free of charge, to use the tower and related facilities installed by the County in order to conduct communications operations for public health, safety and other legitimate municipal government functions. This right of use shall include "repeater capability." The City's existing communications system shall be relocated by, and at the expense of, the County to the County tower, with no reduction in the City's transmittal or receiving capabilities. During relocation, the County shall minimize the time that the City's communications system is down. If it becomes necessary for the City's communications system to be down for more than a minimal amount of time, then the County shall, at no cost to the City, provide the City with a temporary communications system. Additionally, the County shall relocate two (2) 6db station master antennas from the City's existing tower to the new County tower and shall wire them to the radio room, and two (2) 3db station master antennas shall also be installed and wired by the County to the radio room for the City's use. During and subsequent to the installation of the County tower, the County and the City shall each undertake any reasonable measures necessary to prevent and remove any interference with the other's communications. 6. Equipment Building Use BY City. The County shall, free of charge to the City, design and construct the equipment building to provide a by locked, fully-enclosed space for the City's use for storage purposes. 4 7. Removal of City Tower. Once the County's tower is installed and operational, the County shall, at its sole cost, dismantle and remove the City's existing communication tower and related facilities located on the subject property. The City shall be entitled to any proceeds from salvage or re-sale of the City tower and related facilities. 8. Indemnification. The County shall hold harmless, indemnify, represent and defend the City, its elected and appointed officials, employees, volunteers and agents from and against any and all claims, demands, suits, liability, or loss, including all costs and/or damages connected therewith, for death, personal injury or property damage or any other claim relating to or arising out of the design, location, construction, operation, use, maintenance, repair, or replacement of the tower, equipment building and related facilities, except in regard to those claims which arise out of the sole negligence of the City, its officials, employees, volunteers or agents. 9. Insurance. 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. 5 A. Workmen's Compensation Insurance: 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: 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: 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. Additional Insured: Commercial general liability and motor vehicle coverages, as described above, shall include an endorsement stating the following shall be "Additional Insureds": The City of Rochester Hills, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. 6 PLANNING & BUILDING COMMITTEE AMENDMENT 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. Cancellation Notice: 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. 10. Third Party Use of Tower. The County shall not lease, or otherwise assign, delegate or convey its rights and obligations under this Agreement, nor shall the County allow the tower to be used by third parties, without first obtaining WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, the City's consent, /and subject to such terms and conditions as the City may require. 11. Term. The term of this Agreement shall be 25 years, which shall automatically be extended for successive 5 year periods unless written notice of intent not to renew is provided by either party, to the other party, at least 1 year prior to the expiration of the original 25 year term, or any 5 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, equipment building and related facilities. Otherwise, the County shall, 7 WITNESSED BY: Billie M. Ireland, or By: Keith Sawd6ri, Clerk upon termination of this Agreement, dismantle and remove the tower, equipment building and related facilities, and shall reasonably restore the subject property to its prior condition. 12. Successors. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto, and their respective successors subtenants or grantees. 13. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supercedes any prior understandings and agreements that may have existed between the parties. Any amendment or modification of this Agreement shall be in writing. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and year indicated above. CITY OF ROCHESTER HILLS COUNTY OF OAKLAND By: Its: 8 STATE OF MICHIGAN COUNTY OF OAKLAND The foregoing instrument was acknowledged before me on May 8 , 1992, by Billie M. Ireland, Mayor, and Keith Sawdon, Clerk, of the City of Rochester Hills, on behalf of the City. Dolores M. , Notary Public Oakland County, Michigan My Commission Expires: 08/22/95 STATE OF MICHIGAN COUNTY OF OAKLAND The foregoing instrument was acknowledged before me on , 1992, by who is the of the County of Oakland, on behalf of the County. , Notary Public Oakland County, Michigan My Commission Expires: 63191 9 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 21st day 9f)May1992 Allen, County Clerk Lyn Resolution # 92110 May 21, 1992 Moved by Olsen supported by Moffitt the resolution be adopted. AYES: Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht. (26) 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 May 21, 1992 with the original record thereof now remaining in my office.