Loading...
HomeMy WebLinkAboutResolutions - 2016.05.18 - 22374MISCELLANEOUS RESOLUTION #16134 May 18, 2016 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LICENSE AGREEMENT WITH THE STATE OF MICHIGAN FOR PLACEMENT OF COMMUNICATION EQUIPMENT ON A MICHIGAN PUBLIC SAFETY COMMUNICATION SYSTEM TOWER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, pursuant to MR#98308, recognized that the County's 800 MHz radio system needed to be upgraded and expanded to encompass all public safety agencies in the County and to create interoperability between the public safety agencies; and WHEREAS for approximately ten years the County has operated and maintained a new public safety radio communications system (named OakWIN) to provide interoperability between all public safety agencies in the County (law enforcement, fire, emergency medical services, hospitals, homeland security, etc.); and WHEREAS the Board of Commissioners, pursuant to the Emergency 9-1-1 Service Enabling Act, Public Act 32 of 1986, as amended, has passed resolutions (the most recent MR#15128) authorizing a County 9-1-1 charge to pay for the operation and maintenance of OakWIN; and WHEREAS to operate OakWIN the County has built towers, has leased land upon which to build towers, and has leased or licensed space on third-party towers; and WHEREAS it has been determined that OakWIN is in need of additional coverage in the northeast region of the County; and WHEREAS this additional coverage would be provided, if the County were to place its communication equipment on a tower owned by the State of Michigan located at 1491 Romeo Road, Leonard, Michigan; and WHEREAS in order to place County-owned communication equipment on this tower, the State requires the execution of a license agreement for this placement; and WHEREAS it is the recommendation of the Departments of Facilities Management, Information Technology, and Corporation Counsel that the Board of Commissioners accept and approve the terms and conditions of the attached License Agreement; and WHEREAS the attached License Agreement is for a term of five (5) years, with three (3) renewal terms of five (5) years each; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached License Agreement. NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Board of Commissioners hereby approves and authorizes the attached License Agreement between the County and the State of Michigan. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his designee to execute the attached License Agreement arid all other related documents between the County and the State of Michigan, 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 AND BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Motion to directly refer to the Finance Committee carried on a voice vote. MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM NON-MEMBER REVOCABLE LICENSE AGREEMENT WITH OAKLAND COUNTY MICHIGAN (MPSCS SITE 2102) This License Agreement (Agreement) is made as of , 2016, between the State of Michigan (State), through the Department of Technology, Management and Budget (DTMB), Office of the Michigan Public Safety Communications System (MPSCS), whose address is DTMB-MPSCS, P.O. Box 30631, Lansing, Michigan 48909-8131, and Oakland County, Michigan, a municipal corporation, whose address is 1200 N. Telegraph, Building 16 East, Pontiac, MI 48341 (Licensee). The State or DTMB and the Licensee are collectively referred to as the "Parties". RECITALS WHEREAS, the parcel of land described on the attached Exhibit A, located at 1491 Romeo Road, in City of Leonard, County of Oakland, State of Michigan, 48367 (Premises) is part of the Michigan Public Safety Communications System (MPSCS or System), which was created as an 800-megahertz radio system and telecommunications network; and which is comprised of real and personal property, towers, buildings, equipment and other related facilities and fixtures necessary for the operation and safety of the System. WHEREAS, it is important for the State to encourage the widespread use of the System, to maximize the benefits of the State's investment in the System, and to promote coordination of interoperability of public safety communications systems in the State. WHEREAS, expanded local participation, increased interoperability, and enhanced communication with additional governmental public safety agencies will improve the effectiveness of the System and assist first-responders throughout Michigan. WHEREAS, the Licensee desires to install Licensee's communications equipment upon the System's communications tower (Tower) located on the Premises. WHEREAS, Licensee's use of the Tower will provide interoperability and benefit public safety conununications in the region. WHEREAS, the State desires to license to Licensee space on the Premises for the installation, maintenance, operation and provision of interoperability of the Licensee's communications equipment described in the attached Exhibit B (Licensee Equipment). THEREFORE, in consideration of the mutual promises, covenants and understandings, the Parties agree: AGREEMENT Article I — The Licensed Premises Section L1 Grant of License. The State licenses to Licensee a non-proprietary, non- exclusive, revocable, permission (License) to use the Premises identified in Section 1.2 below (Licensed Premises), pursuant to the terms of this Agreement. Section 1.2 The Licensed Premises. The Licensed Premises include: a. The portion of the Premises identified in Exhibit C for the purpose of placing the Licensee Equipment on the Premises; b. vehicular or pedestrian ingress and egress to maintain the Licensee Equipment at such times and upon such conditions, as will be reasonably approved by the State; and c. access to the Tower to install, maintain, repair, and replace the Licensee Equipment, both on the exterior and interior of the Tower, at such times and upon such conditions, as will be reasonably approved by the State. Section 1.3 Notice to Licensee. Notwithstanding any provision in this Agreement to the contrary, the State and Licensee understand that this Agreement creates a non-exclusive, non- proprietary, revocable license that does not grant Licensee a property interest of any kind, but, instead, only grants Licensee permission to do the acts specified in this Agreement. Licensee acknowledges that it has sought the advice of its own counsel, before entering into this Agreement, and understands that this Agreement is for a true license, subject to the terms of this Agreement. Section 1.4 "As -Is" Condition of the Licensed Premises. Licensee acknowledges that it assumes sole responsibility for determining the suitability of the Licensed Premises for the Licensee Equipment and use. The State makes no representation, except as otherwise provided in this Agreement, or warranty, either express or implied, to Licensee regarding the use, condition or fitness for a particular purpose of the Licensed Premises, and Licensor licenses the Licensed Premises on an "As-Is" basis. Article II — Use of the Licensed Premises Section 2.1 Permitted Uses. a. Installation. Maintenance and Operation. The Licensed Premises may be used only for the installation, maintenance, operation, repair, replacement or removal of the Licensee Equipment and only in accordance with the Federal Communications Commission (FCC) license(s) held by Licensee. Licensee shall pay all costs associated with the Licensee Equipment including, installation, maintenance, and operation. b. Public Safety Purposes. Licensee acknowledges that the System is exclusively for public safety communications purposes and it is permitted to use the Licensed Premises so long as it maintains its public safety use. Any commercial use by the Licensee is strictly prohibited and will constitute a default under this Agreement. c. Damages. Licensee must pay for any damages to the System or the Tower caused by the Licensee Equipment; or by the operation, installation, maintenance, use, or removal of its Licensee Equipment. The State will repair or replace any Licensee Equipment it damages in the operation, maintenance, use, installation or removal of MPSCS equipment on the Premises. Section 2.2 No Interest in Real Property. This Agreement does not confer to Licensee any ownership or possessory interest in any property under the jurisdiction of the State, and Licensee agrees and warrants that it must never make any claim of ownership interest, Licensee must not mortgage, pledge, or otherwise encumber the Premises. Section 2.3 Installation of the Licensee Equipment. Materials that will cause corrosion, rust or deterioration of the Tower structure or its appurtenances must not be used in the installation, maintenance, operation, repair, replacement, or removal of the Licensee Equipment. Licensee must mark all of its Licensee Equipment on the Tower with weatherproof labels, tags, or plates identifying the Licensee as the owner of its Licensee Equipment. Section 2.4 Government Approvals. Licensee, at its sole cost, is responsible for obtaining all permits, certificates and other approvals as may be required by any municipal, county, state or federal governmental, or regulatory body, or agency for the licensing, installation, operation, use, maintenance, operation, repair, replacement, or removal of Licensee Equipment. Government approvals include, but are not limited to, a license issued by the FCC for the installation and operation of Licensee Equipment on the Licensed Premises, and the FCC rules under the National Environmental Policy Act, 47 CFR Part 1, Subpart 1 (sections 1.1301-11319), and National Historic Preservation Act of 1966, 36 CFR Part 800. Licensee must provide two copies of such evidence of compliance to the State before installation of the Licensee Equipment. The State shall cooperate with Licensee in obtaining permits, certificates and other approvals as may be required by any governmental or regulatory body for the licensing, installation, operation, maintenance, or removal of the Licensee Equipment. Section 2.5 Modification of the Licensee Equipment. Licensee must not replace, modify, or make any other changes to the Licensee Equipment or Licensed Premises after installation, without the State's prior written approval. Licensee will be permitted to replace its existing Equipment with like equipment by providing notice to the MPSCS Network Control Center (NCC), which notice and confirmation of receipt by the NCC, may be accomplished via e-mail. Licensee will also be permitted to modify its Licensee Equipment identified on Exhibit C by obtaining the State's prior written approval which approval will not be unreasonably withheld. If the Licensee makes any unauthorized replacement, or modification to the Premises or Licensed Premises, Licensee must pay the State all costs necessary to restore the Premises or Licensed Premises to their prior condition. Section 2.6 Relocation of Licensee Equipment. The• State reserves the right to change the location of the Licensee Equipment on the Licensed Premises upon written notice to the Licensee to accommodate the State's communications equipment, or other users, as described in Section C of the MPSCS Non-Member Public Safety Agency Communications Equipment Licensing Procedure, which is incorporated by reference in this Agreement. Licensee must relocate its Licensee Equipment within 180 days of receipt of any such notice by the State. If the relocated space is unacceptable to Licensee, the Parties, after written notice to the State within the 180-day notice period, must treat this situation as a termination in accordance with Article III, Section 3.7(a) of this Agreement. Section 2.7 Licensee Compliance. All installations, maintenance, operation, repair, replacement, or removal of Licensee Equipment by Licensee in connection with this Agreement must meet all applicable Rules and Regulations of the FCC, the Federal Aviation Administration, and all applicable federal, state and local laws, codes and regulations. The State assumes no responsibility or cost for the licensing, installation, maintenance, operation, repair, replacement, or removal of the Licensee Equipment. Licensee must operate and maintain its Licensee Equipment in a safe condition and in good repair. The State will not have any responsibility for the care and protection of the Licensee Equipment. Section 2.8 Access to Licensed Premises. a. The Licensee and its authorized service providers will be permitted unescorted access to the Premises and the Licensed Premises for purposes of installation, repair, and maintenance of Licensee's Equipment on a 24 hour/7 day a week basis in accordance with DTMB's MPSCS Tower Site Access Policy or successor policy, the provisions of which are incorporated by reference in this Agreement. b. The State shall have access to the Licensed Premises and the right to inspect the Licensee Equipment at all times. In the event of an emergency involving a substantial threat to the material operations of the Licensed Premises (e.g., a fire at the Licensed Premises), the State shall have the right to gain immediate access to any locked areas on the Licensed Premises by any means necessary, to discontinue power to the Licensee Equipment immediately, and to perform all necessary measures to address the emergency situation. The State will have no obligation or liability to the Licensee in connection with emergency measures performed in accordance with this Section and the Licensee shall, where allowed by law, release and hold harmless the State in connection with such emergency measures. The Licensee shall be notified of the emergency situation immediately. The State shall restore power to the Licensee Equipment, if applicable, as soon as practicably possible upon the elimination of the emergency situation. c.. In the event of an emergency, including a disruption in operations, and unless otherwise prohibited, the State will provide the Licensee with supervised access to the Tower in accordance with the response level time guidelines set forth in the Michigan Public Safety Communications System Emergency Management Plan or successor plan, the provisions of which are incorporated into this Agreement by reference. The State will have no liability to Licensee in connection with emergency measures performed. Section 2.9 Title to the Licensee Equipment. The title to the Licensee Equipment must be in the name of Licensee. Licensee Equipment must remain the Licensee's personal property and must not be deemed to be fixtures for any purpose. Licensee has the right to remove all of the Licensee Equipment at its sole expense on or before the expiration or termination of this Agreement; however, Licensee must be obligated to repair any damage to the Premises caused by any removal; which removal is subject the terms of this Agreement, including but not limited to Article III, Section 3.7 (Removal Upon Termination). Section 2.10 Interference. Licensee agrees to install Licensee Equipment of the type and frequency which will not cause measurable interference to the equipment existing on the Premises as of the date this Agreement, nor will the Licensee Equipment create a nuisance to the State, local residents or other telecommunication users. Licensee shall cooperate with the State to the extent reasonably necessary to determine the source of any interference. In the event the Licensee Equipment causes measurable interference, and after the State has notified Licensee of such interference, Licensee shall take all steps necessary to correct and eliminate the interference within 48 hours of notice of interference, at the Licensee's expense. If the interference is disrupting or substantially reducing the continuous nature and required quality of the State's communications, Licensee shall immediately undertake such action as may be required until the interference has been eliminated or remedied. Licensee shall cooperate with the State, and other licensees on the Premises, to the extent reasonably necessary to determine the source and correction of any interference. The State agrees to include this interference resolution requirement in all licenses granted for the Premises. Section 2.11 Radio Frequency Emissions. Licensee shall be responsible for ensuring that its Licensee Equipment does not cause radio frequency (RE) emissions that are in excess of the safe limits established by applicable FCC regulations (RF Standards). By installing its Licensee Equipment, Licensee shall be deemed to have represented to the State that Licensee Equipment shall not itself violate or, in conjunction with other RE sources located on the Premises as of the date of this Agreement, cause to be violated, the RF Standards. Section 2.12 Radio Frequency Compliance and Coordination. The State shall coordinate with other users on the Premises to the extent necessary to ensure continued compliance with the RE Standards. Licensee shall maintain technical information supporting its continued compliance with the RE Standards, and shall make such information available to the State upon request. In the event that Licensee discovers any noncompliance with the RF Standards, Licensee shall notify the State immediately and describe the steps taken to immediately come into compliance. If the State notifies Licensee that it has determined that Licensee Equipment is the source of or contributes to RF emissions in excess of the RF Standards, then Licensee shall take all necessary actions to immediately bring Licensee Equipment and the Licensed Premises into compliance with RF Standards and to provide to the State evidence of compliance. Section 2.13 Tower Compliance. The State covenants that it will keep the Tower in good repair as required by all federal, state, and local laws. The State shall also comply with all rules and regulations enforced by the FCC and the FAA with regard to the lighting, marking and painting of towers. However, if additional marking and/or lighting requirements are imposed as a result of the installation, maintenance, operation, replacement or removal of Licensee's Equipment, Licensee shall be solely responsible for installing the additional markings and/or lights and for the payment of all costs and expenses related to such additional requirements. Section 2.14. Licensee Eauipment Shelter. Subject to the State's approval of the construction plans and location on the Premises, the Licensee is permitted to construct and maintain its own Equipment Shelter for the Licensee Equipment. Upon termination of the License, the Licensee shall remove the Equipment Shelter and restore the Licensed Premises to its original condition. The Licensee however, shall have no obligations to remove any building foundation that is more than one foot below grade level. Article III — License Fee, Term and Termination Section 3.1 License Fee. a. License fees for the Licensee's use of the Premises, are set forth in the tables below and the MPSCS Tower Usage Fee Policy dated April 11, 2011. This policy is incorporated by reference into this Agreement: Application Fee $500.00 implementation Fee for new shelter $6,055.00 A ..,,,„,, ' eti Count k- iS'', s t,„ - ,:l. ,y , Ott t tyear 7,^ , tl, 0 throug h ' e ailtiii}i-. ;ente ' 0 for , a oU r six Or ten early Total for year 's'ij( th rough, Or tOri Antenna 1 5431.25 $5,175.00 $495.94 $5,951.28 For Each Additional Antenna $115.00 $1,380.00 $132.25 $1,587.00 b. The Application Fee above shall be due upon signing of this Agreement. License Fees shall be paid on an annual basis and shall be due each year on the anniversary of the Agreement's effective date. The total amount of the License fee for the prior License term shall be adjusted upward 15% for the three subsequent 5-year License renewal terms. c. The License fee is in addition to the Licensee's costs to complete an application, including but not limited to a structure study and an interference study. Also, the License fee is in addition to any payment required for damage to the System caused by the Licensee's installation, maintenance, operation, repair, replacement, or removal of Licensee Equipment, or any payment otherwise required in this Agreement. d. The Licensee's payment contact information: Oakland County, Michigan Oakland County—Radio Communications 1200 N. Telegraph Rd., Bldg.16 East Pontiac, 48341 Attn: Supervisor Phone: (248) 858-1100 Fax: (248) 452-9873 F. The State's payment information: DTMB/Einancial Services Cashier Unit PO Box 30681 Lansing, MI 48909-8181 Section 3.2 Term. The initial term of this Agreement shall be 5 years with 3 renewal terms of 5 years. The renewal terms shall commence automatically without further action on the part of the Parties, provided that, (i) the Licensee is not in default, (ii) the Agreement has not expired, or been terminated, (iii) the State does not need the space for System growth, or (iv) The State is unable to continue to license the Licensed Premises for any reason relating to ownership of the Premises. Except for the License Fee increase provided in Section 3.1(b), the License's renewal terms shall be the same terms and conditions unless otherwise required by law. Section 3.3 Termination. Either party may terminate this Agreement unilaterally and without cause at any time upon 30 days prior written notice to the other party. Upon the written approval of the State in its sole discretion, 30-day extensions may be granted if necessary for the Licensee to obtain FCC approval of the transfer to a new location or for other good cause. Section 3.4 Effect of Termination. Following the effective date of termination for this Agreement neither party shall have any further obligation nor liability under this Agreement, other than as may be specifically set forth in this Agreement. Nothing in this Section shall relieve the Licensee of any obligation that arose prior to the expiration, cancellation or effective date of termination of the Agreement or of those obligations that impose a continuing obligation. Section 3.5 Dispute Resolution and Default. a. The Parties agree to resolve disputes at the lowest management level of each party. In the event the issue remains unresolved, the parties agree to immediately escalate the issue to the respective project managers for their consideration. The managers will consider the details of the non-performance issue, assess whether there have been past issues of non-performance, determine how long the non- performance has been continuing, determine the seriousness of the non- performance, and negotiate, in good faith, a mutually agreeable solution. In the event the managers cannot agree on a solution, the non-performance issue shall be directed to the MPSCS Director for resolution of the non-performance issue. During the dispute resolution process Licensee shall continue to pay fees due the State. A decision by the MPSCS Director shall be final and binding on the parties and enforceable in a court of competent jurisdiction. b. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it that cannot be resolved through the dispute resolution process, the other party shall give the breaching party written notice of such default as provided in Section 6.1 (Notices). After receipt of such written notice, the breaching party shall have 7 days in which to cure any default, provided the breaching party shall have such extended period as may be required beyond the 7 days if the nature of the cure is such that it reasonably requires more than 7 days and the breaching party commences the cure within the 7-day period and thereafter continuously and diligently pursues the cure to completion. If the breaching party fails to cure the default Within the time periods provided in this Section, the other party may terminate immediately upon written notice. Section 3.6 The State's Action Upon the Licensee's Default. The dispute resolution and default provision in Section 3.5 does not otherwise limit or prejudice any other rights the State may have in law, equity or otherwise to take action against Licensee for the Licensee's failure to perform any obligation under the Agreement and/or the Exhibits or breach of any term or condition of the Agreement and/or the Exhibits (Default). The State shall determine, in its sole discretion, the action it will take for a Default by Licensee. Section 3.7 Removal Upon Termination. a. Upon the State's termination of the License, Licensee shall, at its sole expense and in accordance with a detailed written equipment removal plan and schedule, including removal milestones (Removal Plan) acceptable to the State, may have up to 36 months from the termination of this License to remove its Licensee Equipment, fixtures and all personal property and otherwise restore the Licensed Premises to its original condition, as determined by the State, reasonable wear and tear excepted. b. The Removal Plan shall be delivered to the State within 60 days of notice of termination, Licensee shall submit periodic written progress reports as requested by the State documenting its progress. Licensee's failure to provide the Removal Plan to the State within 60 days of notice of termination will be treated by the Parties as Licensee's notice of termination and Licensee shall remove its Licensee Equipment within 180 days of original due date for the submission of the Removal Plan. c. Unless otherwise agreed to by the Parties, upon Licensee's termination of the License, except as described in Section 3.7(b) above, Licensee shall, at it is sole expense remove its Licensee Equipment within 90 days after termination. During the removal period Licensee may continue to use the Licensed Premises, so long as Licensee continues to pay the License fee and maintains interoperability. e. The State agrees that all of the equipment, fixtures and personal property of Licensee shall remain the personal property of Licensee and Licensee shall have the right to remove the same, whether or not such items are considered fixtures and attachments to real property under applicable law. Section 3.8 Abandoned Equipment. Any of the Licensee Equipment, or other property of Licensee, remaining on the Licensed Premises after the expiration of the Removal Period shall be deemed to have been abandoned and may be disposed of as the State sees fit. Licensee shall reimburse the State for all expenses incurred by the State in removing, storing or disposing of the Licensee's abandoned equipment. Article IV — Satisfaction of Conditions Section 4.1 Approval of the Agreement and Installation of Licensee Equipment. The Parties acknowledge that, as set forth in Executive Directive 2003-12, dated April 17, 2003, and any subsequent amendments (collectively, the "Executive Directive"), this Agreement has been approved by DTM13 and has been approved as to legal form by the Michigan Department of Attorney General. Licensee acknowledges that all of the necessary documentation required of the Executive Directive and any other related documents, including but not limited to the documents required in the procedures and guidelines identified in Section 4.4 of this Agreement, have been provided to and approved by the State. Section 4.2 Structural Impairment. The Parties acknowledge that Licensee has demonstrated to the satisfaction of the State that the installation of the Licensee Equipment will not structurally impair or degrade the operation of the System or the Tower. Information provided by Licensee to the State for such purposes has included, but is not limited to an analysis of the structural, wind load, and radio frequency impact of the proposed installation. Section 4.3 Interoperabilitv, The Parties acknowledge that Licensee has demonstrated to the State's satisfaction that the installation and operation of the Licensee Equipment will provide an appropriate level of interoperability with the System. As used in this Agreement, "interoperability" means the use of necessary communications technologies and systems to enable different public safety agencies to communicate seamlessly and reliably with each other. Section 4.4 Compliance with the Application and the Procedures and Guidelines. Licensee shall comply with the terms of the Licensee's application to install and operate the Licensee Equipment as approved by the State. Licensee shall also comply with the provisions of the applicable State agencies' procedures and guidelines. Such procedures and guidelines will include, but is not limited to, the application, installation, maintenance, operation, repair and removal of Licensee Equipment and may be prepared by state agencies, such as Department of Technology, Management and Budget and its successor agency. Licensee acknowledges that such procedures and guidelines are subject to change and may be revised from time to time. Section 4.5 Environmental. a. Compliance with Environmental Laws. Licensee, at its sole expense, shall fully comply with all applicable federal, state and local environmental laws, rules, regulations and ordinances in connection with the Agreement and Licensed Premises. b. Notification of Hazardous Condition. Licensee shall promptly notify the State in writing upon learning of any Hazardous Condition on the Licensed Premises such that remediation may be required pursuant to any applicable laws, rules or regulations and before disturbing such Hazardous Condition. As used in this Agreement, "Hazardous Condition" means the release, or the threatened release, or the presence, use, treatment, storage or disposal of, any material or substance regulated as a hazardous, toxic or dangerous substance, pollutant or waste under federal, state, or local environmental laws, rules or regulations. c. Hazardous Substances. Licensee shall not bring onto the Licensed Premises any Hazardous Substance, Hazardous Waste, Pollutant, asbestos, polychlorinated biphenyls (PCBs), petroleum product or other fuel without the prior written consent of the State, except as same is contained in any vehicle, cleaning product or back-up power unit or generator brought onto the Licensed Premises in the pursuance of the Licensee's rights under the Agreement or in the ordinary course of business. As used in this Agreement, "Hazardous Substance" has the same meaning as in the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601 et seq., as amended, or amended regulations thereto and as defined in the Michigan Natural Resource and Environmental Protection Act, MCL 324.101 et seq.; "Hazardous Waste" has the same meaning as in the Resource Conservation and Recovery Act, 42 USC 6901, et seq., and any subsequent or amended regulation; and "Pollutant" has the same meaning as in the Federal Water Pollution Control Act, 33 USC 1251 et seq., and any subsequent or amended regulations thereto. d. Remediation Responsibility. Except as provided in Section 4.5(c) (Hazardous Substances), in the event Licensee, or any of its affiliates, agents, employees or contractors introduces any Hazardous Condition to the Licensed Premises directly or , indirectly, Licensee shall be solely responsible for removing such introduced materials and for remediation of the Hazardous Condition caused by Licensee, or any of its affiliates, agents, employees or contractors. e. Survival of Section. This Section shall survive the expiration or termination of this Agreement. Article V — Utilities, Taxes, Insurance and Casualty Section 5.1 Electricity, Uninterrupted Power Source., and Generator Power. If the State permits co-location of any Licensee Equipment inside the MPSCS equipment shelter, the State will provide electricity with a backup generator for the Licensee's Equipment. And, if the State has capacity it will supply Uninterrupted Power Source (UPS) to the Licensee Equipment. If the State does not have capacity the Licensee shall be solely responsible for obtaining and paying for an UPS. If the State does not permit Licensee Equipment to be placed inside the MPSCS equipment shelter the Licensee shall arrange for the• receipt of desired utilities, which shall be installed underground and separately metered. Additionally, the Licensee will be solely responsible for its own UPS and for the payment of all utility charges, including but not limited to, connection charges and any security deposits. ' Whether or not Licensee co-locates in the MPSCS shelter, the State shall not be liable to the Licensee for any loss or interruption of electricity." Section 5.2 Utility Service. Licensee shall not authorize a utility company to place a utility line to or on the Licensed Premises. Only the State may authorize use of the Licensed Premises for utility purposes. Any utility company shall obtain an easement or permit from the State prior to any installation, maintenance, operation, replacement, and/or repair, which consent shall not be unreasonably withheld, conditioned or delayed. Section 5.3 Taxes. Licensee shall have the sole responsibility to pay any and all applicable taxes, real or personal, levied on the Licensed Premises, Licensee Equipment and its owners or users, in connection with its use of the Licensed Premises and/or the installation, maintenance and operation of Licensee Equipment pursuant to Michigan law, including, but not limited to the Michigan General Property Tax Act, 1893 PA 206 (MCL 211.1, et seq.), Jeopardy Assessment of Personal Property Taxes Act, 1956 PA 55 (MCL 211.691, et seq.), Taxation of Lessees or Users of Tax-Exempt Property Act, 1953 PA 189 (MCL 211.181 and 182) and those taxes administered under the Revenue Act, 1941 PA 122 (MCL 205.1 et seq,). Notwithstanding anything to the contrary in this Agreement, Licensee acknowledges and agrees that the State shall maintain and may assert any and all rights, interest and remedies available for non-payment of any applicable taxes under Michigan law. Section 5.4 Insurance. DTMB makes no representations as to the suitability of the Licensed Premises for the Licensee's use or that the State maintains any insurance to insure the Licensee, its employees, agents, contractors, subcontractors, or service providers against any claims, demands, actions, suits, or causes of action, and judgments, settlements, or recoveries, for bodily injury or property damage arising out of the condition of the Premises or any other equipment or facilities operated by DTMB or anything contained in this Agreement. The State is not obligated under this Agreement to obtain any insurance for Licensee's benefit. Licensee represents that it is self-insured for General Liability and Workers' Compensation. And, that all its insurance coverage relative to this Agreement is primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State. Section 5.5 Casualty. In the event of damage by fire or other casualty to the Licensed Premises that cannot reasonably be expected to be repaired within 45 days following same or, if the Licensed Premises are damaged by fire or, other casualty so that such damage may reasonably be expected to disrupt Licensee's operations at the Licensed Premises for more than 45 days, then may at any time following such fire or other casualty, provided the State has not completed the restoration required to permit Licensee to resume its operation at the Licensed Premises, terminate this Agreement upon 15 days written notice to the State. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement. Section 5.6 Condemnation. If a governmental authority with the power of eminent domain condemns the Licensed Premises, or any portion of the Licensed Premises, the Agreement shall terminate as of the date upon which Licensee is required to remove Licensee Equipment from the Licensed Premises. Article VI — General Terms Section 6.1 Notices. All notices hereunder shall be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice). 11T1VIB: MPSCS P. 0. Box 30631 Lansing, MI 48909 Attention: Director Licensee: Oakland County, Michigan :Oakland County—Radio Communications 1200 N. Telegraph Rd., '131dg.16 East 'Pontiac, 48341 Attn: Supervisor Phone: (248) 858-1100 Fax: (248) 452-9873 Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. Section 6.2 Governing Law. This Agreement shall be governed by the laws of the State of Michigan. Section 6.3 Indemnification/Apportionment of Liability. The Parties acknowledge that each is legally precluded from indemnifying the other against any liabilities arising out of this Agreement, or activities which occur on the Premises. Each party shall be solely and entirely responsible for its acts and the acts of its employees, agents, servants, contractors, subcontractors, and volunteers during the performance of this Agreement. Liability for any losses, liabilities, penalties, fines, damages, and claims (including taxes), and all related costs and expenses (including reasonable attorneys fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with any claim, demand, action, citation or legal proceeding arising out of or resulting from activities on the premises shall be determined in accordance with applicable law. Section 6.4 Non-Discrimination. In performing its obligations under this Agreement, Licensee shall not discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, physical or mental disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Licensee further agrees that every subcontract entered into for the performance of the Agreement will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons With Disabilities Civil Rights Act, 1976 PA 220, as amended MCL 37.1101 et seq. Any breach of this Section shall constitute a material breach of the Agreement. Section 6.5 Unfair Labor Practices. The State may void this Agreement, if Licensee or any of its contractors, subcontractors, manufacturers or suppliers appear in the register compiled pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair Labor Practices Act). Section 6.6 Complete Agreement/Modification. This Agreement represents the entire agreement between the Parties regarding all issues incident to Licensee's tenancy and that no verbal or oral agreements, promises or understandings shall be binding upon either party. No alteration, amendment, change, and/or modification of this Agreement shall be binding upon the Parties unless reduced to writing and executed by both Parties. Section 6.7 Invalidity Severable. In the event any provision of this Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under this Agreement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. Section 6.8 Assignment. Licensee covenants and agrees not to assign, transfer, pledge, mortgage or encumber this Agreement without the prior written consent of the State. Section 6.9 No Sublicensing. Licensee shall not sublease, sublicense, or sublet all or any portion of the Licensed Premises without the prior written consent of State. Section 6.10 Subcontracting. Licensee and its subcontractors, if applicable, shall comply with all requirements set forth in this Agreement, in Executive Order 2003-1 dated January 2, 2003, and all other applicable rules, regulations, guidelines, and laws regarding subcontracting. The use of contractors or subcontractors by Licensee is subject to the prior approval of the State. Section 6.11 Subordination. The State reserves the right to subject and subordinate this Agreement at all times to the lien of any mortgage or mortgages now or hereafter placed upon the State's interest in the Licensed Premises. Section 6.12 Force Majeure. The time of performing any duty or obligation of the State or Licensee hereunder shall be extended for the period during which performance was delayed or impeded by reason of riots, insurrections, war, fire, casualty, earthquake, acts of nature, governmental action or other reasons of a like nature not the fault or, in the case of governmental action, not reasonably within the control of the party required to perform such duty or obligation. Section 6.13 Section Headings. The section headings used throughout this Agreement are provided for convenience only and shall not control the interpretation of this Agreement. Section 6.14 Counterparts. This Agreement may be signed in one or more counterparts, each of which shall have the force and effect of an original, and all of which shall constitute but one document. Section 6.15 Authority to Contract. Each party represents and warrants that it has the power to enter into the Agreement and that the person signing the Agreement has the authority to bind its respective party. Section 6.16 Role and Authority of DTMB. Licensee shall deal directly and solely with the Department of Technology, Management and Budget, or its successors or assigns, in connection with the Premises and Licensee's performance under the Agreement. Section 6.17 Effective Date. This Agreement's effective date is the date it is approved by the State Administrative Board. The authorized representatives of the Parties approved and executed this Agreement on the date below each signature. Signatures Pages Follow LICENSEE: OAKLAND COUNTY BOARD OF COMMISSIONERS By: Its: Date: Licensee's board resolution approving this Agreement, and the person authorized to execute the Agreement is attached STATE OF MICHIGAN: Department of Technology, Management and Budget By: Bradley A. Stoddard Its: Director MPSCS Date: STATE OF MICHIGAN: Department of Technology, Management and Budget By: Robert M. Burns Its: Director, Real Estate Division Date: The Michigan Attorney General has approved this Agreement as to legal form: By: Date: The State Administrative Board approved this Agreement on: EXHIBIT A Legal Description of the Premises EXHIBIT B Description of Licensee Equipment EXHIBIT C Licensed Premises 2. * Ailit!Agrall"'W-ttgiP 0 !,(4,Vt''''f's , - -'''.Vg: -Xeitt = , - - - - °T14*1:)- 4: '', " lay 401- "---;,,,w5w.,A„,,,,,,,,., ISigno w*,--,-.-6,:kim Antenna I Antenna 2 Antenna 3 Antenna 4 Antenna 5 ANTENNA QUANTITY 1 INSTALLATION STATUS :Indicate either Existing, Removing, Proposed, or Never Installed Proposed TRANSMIT OR RECEIVE Both MANUFACTURER Sinclair TYPES OF ANTENNAS Directional Panel MODEL # SE-414 ANTENNA WEIGHT / Mount Weight 23 Lbs ANTENNA DIMENSIONS (FixWxD) (Indicate feet or inches) 53" x 25" x 9.5" ANTENNA MOUNT HEIGHT (ft) 180' AGL (as avail able) MOUNT TYPE (Flush, Platform, Pipe, T-frame, etc.) Pipe/Side-Arm (HID as appropriate) ANTENNA ORIENTATION West ANTENNA AZIMUTH 270 Degrees TX FREQUENCY 769.3625 MHz RX FREQUENCY 799.3625 MHz ANTENNA GAIN 7.5 dBd 4 of LINES PER ANTENNA 1 LINE TYPE 7/8" semi-rigid coaxial cable MANUFACTURER Andrew/Cormnscope LINE DIAMETER 7/8" Duplexer Model N/A (part of repeater) Duplexer Serial N/A Duplexer Measured Insertion Loss N/A Page 2 New Co-Location Form Part 2 9-8-09 --7 ; ....,... ::::W,:, " ',, -,K' :: :. , ' W- AVM , -,..?-, 3' = ....a.<?;.; v,=.•., , -,g,1 -::..".' , - -,40in i. ' aAUW ' , t , ., : System 1 System 2 System 3 System 4 System 5 Co-Location Fee Required Use MPSCS Generator Use MPSCS UPS Need Separate Meter for Power MPSCS Floor/Rack Space Avail. Client Supply Shelter Client Supply Outdoor Cabnet Structure Analysis Required Allow Public Phone Line MPSCS Backbone Requested (type) Intermod Study Required MPSCS Dispatch Mods. Required Antenna Height - iflifiVue'. ::::,,n, WINNiza:2RE-4:4SOW 14:7;: ;;Barcjia.',41SeleMEVelWi'-'411-6114Teg, 'TIM , ggigimumfigigyap,--„issa T ,4-it!0,0-4:sti,y, '' 'M Type of Fuel for Generator Supply Own Power and Meter Equipment Installed in Outside Enclosure (If Yes See Sction 8) Tower Company Contact Name Contact Informaffon Insurance Certificaiton Climbing Certification Radio Service Provider Contact Name Contact Information Insurance Certificaiton Breif Discription of site addions, mods, issues, etc. Page 3 New Co-Location Form Part 2 4-8-09 •••••••••••• • ....,„,....:.,.:,.:, Ground equipment KIEL 1ER DIMENSIONS (HxLxW) n LEASED GROUND SPACE CONCRETE PAD DIMENSIONS (LX W) (ft) ADDITIONAL GROUND POWER PROVIDED BY: I ELCO/INTERCONNECT POTS T1 5 MICROWAVE FIBER GENERATOR INFORMATION APPLICANT PROVIDED NONE MANUFACTURER MODEL MAKE/ (KW) FUEL TYPE TANK SIZE SINENVVW-4:' NW 41 *MVOIA Ground equipment H-Frame, Repeater Station, Battery & PPC cabinets ENCLOSURE DIMENSIONS (I-IxLxW) (ft) N/A LEASED GROUND SPACE 4'Wide, 3 deep, 5'High CONCREIE PAD DIMENSIONS (LX W) (ft) Footings for H-Frame only INSTALLATION TYPE Outdoor, "NEMA- type cabinets on steel frame. TOTAL ENCLOSURE POWER REQUIREMENTS 120,2 TELCO/INTERCONNECT POTS No Ti Yes (1) MICROWAVE No FIBER No TELCO/1NTERCONNECT FEED FROM: SHELTER PUBLIC CARRIER Yes OTHER (DESCRIBE) ISDN (X1) POWER SOURCE CUSTOMER PROVIDED GENERATOR N MAKE/MODEL/KW N/A MPSCS SHELTER Y/N , COMMERCIAL Y/N z62:20:1•1 , ;1111217,1M111144': VIAIV 7-•' Y . ' -iiilallifilliNrWitS.: WrilVe- .W4g06IitAi—liWitittin7A0Piliettg'' System 2 System 3 ''''gSgiggrOMONAN'-eilgn System 4 System 5 System I. MANUFACTURER TYPE & MODEL TYPE of circuit Bandwidth Needs A end address (location) B end address (location) RACK SPACE DI/vIENTIONS EQUIPMENT BTU LOADING 'IELECOM INTERCONNECT ET ECTRIC SERVICE Special Needs Page 4 New Co-Location Farm Part 2 48-09 O 476' C) 433' O 200' / p, ELEV. ELEV. NUMBERS IN CIRCLES REFER TO ENTRIES IN THE ANTENNA TABLE ON PAGE 13, CAUTION: THIS DRAWING IS INTENDED AS A REFERENCE ONLY. THE ACTUAL ORIENTATION AND MOUNTING ARRANGEMENT MAY VARY. CONFIRM ACTUAL ORIENTATION WIN OWNER DURING CONSTRUCTION. MSP - MOTOROLA tp& te. 1,1 LPiFSL YILL.C,p 1111,1-11,70.111 ENO. FILE N. n -1111)0J-4 a REVISED FILE TO -2 STATUS. DAM 07/23/2001 E - ' U 54.0 X 485 ANTENNAS - SIDE VIEW IFIECi] ilia E UPDATE° PER 2001 REANALYSIS AX 05/11/2001 REVISED PER REANALYSIS AN 03/174001 1545 Pid'co Dr. P/yrnouth, IN 45503-0128 U REVISED/REDRAWN PER MICROWAVE CHANGES, MVO 12/03/1997 APPROVED/POUND. VA 210-935-4221 of DR DATE ME 06/11/01 A REMED/REDRAwN PER ANTENNA LOADING CHANGE. IA1/0 07/31/1097 APPROVED/ENO. SAM 7/23/21 ' ARCHIVE F-0048298 Dvoo.do. PACE 200580-B 12 Or1 5 REV DESCRIPTION OF REVISIONS INI DATE tnnalagort rim ISA /11 itrint rriarl rrort 711/11“115 1904,111Wf! 0 A7 .51 IfIAS 1L.k E..,J.,n b,rtn AADVAIMAT Innia Oakland County 2102 Description as Surveyed: A pcli-cel of land in the Southwest 114 of Section 36, Town 5 North, Range 11 East, Addison Township, Oakland County, Michigan, more particularly described as follows: Commencing at the South 1/4 corner of said Section, thence N87°31'00"W along the South line said Section, 16.50 feet; thence NO2°29'00"E 545.20 feet; thence along a curve to the left, 43.04 feet, said curve having a radius of 33.02 feet and a chord of 40.06 feet bearing N34°51'25"W; thence N72°12"10W 269.20 feet; thence clang a curve to the right, 37.15 feet, said curve ha v i n g a radius of 28.50 feet and a chord of 54.58 feet bearing N34°51'31W to the Point of Be g i n n i n g of this description; thence N87°31'00"W parallel with Said -South line, 77.00 feet; the n c e - NO2°29'00"E 1.75.00 feet; thence 387°31'00"E parallel with said SoLfth line,. 96.00 feet; the n c e S02°29'00W 175.00 feet; thence N87°3100"W parallel with said South line, 1900. feet to the Point oft] eginning. Containing 039 acre, more or less. Said parcel subject to any and all restrictions and easements of record.. Also a, 33 foot wide easement for ingress and egress, the centerline being more partic u l a r l y described as follows: Commencing at the South I/4 corner of said Section, thence N87°31'00"W along the S o u t h l i n e said Section, 16.50 feet to the Point of Beginning of • this centerline 'description; thence 1\102°29'00"E 545.20 feet; thence along a curve to the left, 43.04 feet, said curve having a radius of 33.02 feet and a chord of 40.06 feet bearing N34°51'25"W; thence N72°1710"W 269.20 f e e t ; thence along a curve to the right, 37,15 feet, said curve having a radius of 2850 feet and a chord of'34,58 feet bearing N34°51"31'.'W to the Point of Ending. MPSCS SUE NAME Romeo 1VIPSCS SIIE NUMBER 2101 ADDRESS 1491 Romeo Road CITY Leonard COUNTY Oakland STATE Nli ZIP 48367 LATITUDE 42-48-08.0 (dgs-min-sec) LONGITUDE 83-06-39.0 (dgs-min-sec) ASR NUMBER 1001271 Is project funded? y Funding Source Oakland County Radio Communications Fund Requested Project completion Date 1212013 Tower Company, name, address, phone Motor City Electric, 8180 Lynch Rd. Detroit, MI 48234, 313-923-3100 - 41,..:. :::::*: -... A _ - • - -, .,... , . . :KicE, .Azz:vpy...:,,,,,,,....-,,,,,,-,-,,,,ArAlititfr,V4,-.,., , ' .8... , '' :: ,,--,,eilb-a; ..f.,,,,,,.:,:, -,-2E4,,?.1.tre„,,,,,-iow ,:r .:.:',/•,wint ,,,,r,;-41,_,,,,_,,,. nwt . - 7 " ,:,„..i,''''-' ;site' '' ,!'"7;,,zirs-m- ,7--, ,4,52.;,:.czy , TECHNICAL CONTACT NAME Stephen Murphy ADDRESS 1200 N. Telegaph, Building 16 East, Pontiac, MI 48341 Radio Communications A I IENTION TITLE NAME COMPANY TELEPHONE EMAIL CLEMIS Manager Jeff Werner Oakland County 248-858-0850 wemerjCcioakgov.com CLEMIS Sr. Radio Technician Bob Runyon Oakland County 248-858-1100 rmayonbgoakgov.com sz{-,:e z..,4.....„ :,•.,:-/.2,-1, , z - MetirttiarliOnN, ' 10 Transmit! Transmit 2 Transmit 3 Transmit 4 Transmit 5 MANUFACTURER Han-is TYPE & MODEL SkyMastr Cell Site SERIAL NUMBER TED TYPE of SERVICE 1.132 TX POWER OUTPUT 5 Watts ER? 30 Watts EMISSION DESIGNATOR 111(3FID, 20K0F9W RACK SPACE DIMENTIONS N/A (Outdoor Equipment) BUT LOADING N/A (Outdoor Equipment) TELECOM INTERCONNECT Ti FCC TYPE ACCEPTANCE BV8CS700 ELECTRIC SERVICE REQUIRED (Amps/Volts) 120V, 20A COMBINER/4 of PORTS (Applicable only if using Master Combining System) N/A (Outdoor Equipment) Page 1 New Co-Location Form Part 2 4-8-09 FISCAL NOTE (MISC. #1613,4) May 18, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LICENSE AGREEMENT WITH THE STATE OF MICHIGAN FOR PLACEMENT OF COMMUNICATION EQUIPMENT ON A MICHIGAN PUBLIC SAFETY COMMUNICATION SYSTEM TOWER 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 requests the approval and authorization of the License Agreement between the County and the State of Michigan to place county owned communication equipment on a tower owned by the State of Michigan located at 1491 Romeo Road, Leonard, MI. 2. The approval of this agreement would provide the County's radio communications system (OakWIN) additional coverage needed in the northeast region of the County. 3. The Department of Facilities Management, Information Technology, and Corporation Counsel have reviewed all related documents and recommends the License Agreement. 4. Under the terms of this agreement, the County shall bear the expense to install, repair, operate, and maintain county owned communication equipment. 5. The initial term of the new lease agreement shall be five years with three renewal terms of five years. 6. The License Fee for the initial term based on one antenna (year one through year five) is $431.25 per month or $5,175 annually. The annual license fee shall increase by 15% for the three subsequent renewal terms. 7. The FY 2016 cost is anticipated to be $2,225 which includes a one-time application fee of $500 and a pro-rated License fee of $1,725 with an expected commencement date of June 1, 2016. 8. Sufficient funding is available in the Radio Communications Fund (#53600) to cover the FY 2016 costs and future costs will be included in the FY 2017 — FY 2019 County Executive Recommended Budget. 9. No budget amendment is required at this time. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall absent. Resolution #16134 May 18, 2016 Moved by Kowall supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowa, Long, McGillivray, Middleton, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) 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). C- / 5 ( k. I HEREBY APPROVE THIS 1-4E3owrioN CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO !JIM 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 18, 2016, 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 18th day of May, 2016. •th7Z/Z-L- - — Lisa Brown, Oakland County