HomeMy WebLinkAboutResolutions - 2017.03.15 - 22810MISCELLANEOUS RESOLUTION• #17049 March 15, 2017
BY: Commissioner Phillip Weipert, Chairperson, Planning and Building Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE
AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT&T MICHIGAN) FOR AN
EQUIPMENT ROOM IN THE OAKLAND COUNTY COURTHOUSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Bell Telephone Company (d/b/a AT&T Michigan) has provided and operated the
County's Centrex telephone system and related features and equipment from the basement of the
Oakland County Courthouse since 1988; and
WHEREAS the County presently operates its own primary telephone system; and
WHEREAS the Centrex telephone system, as provided and operated by the AT&T Michigan, is presently
utilized as a back-up telephone system; and
WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has
negotiated the terms and conditions of the attached new lease with representatives of AT&T Michigan;
and
WHEREAS pursuant to the terms and conditions of said lease the agreement states that in lieu of rent
AT&T Michigan will continue to use approximately 1,348-sf (gross) of equipment room space in the
basement of the Oakland County Courthouse for the purpose of providing, operating and maintaining an
emergency backup telephone system (see Exhibit A) and the County will furnish all lighting, heat and
electricity; and
WHEREAS the term of the lease shall commence on March 20, 2017, and shall expire on March 19, 2022
unless terminated pursuant to the terms of the attached lease agreement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached lease agreement between the County of Oakland and AT&T Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs it's
Chairperson or his designee to execute the attached lease agreement and all other related documents,
which may be required between the County of Oakland and AT&T Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of ttkeSforegoing
resolution.
\ Co missioner Philip Weipert, District #8
Cha'rperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Jackson abstaining.
LEASE AGREEMENT
This LEASE is entered into as of 2017, between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 N. Telegraph
Road, Pontiac, Michigan 48341 (hereafter COUNTY) and Michigan Bell Telephone
Company, a Michigan corporation (d/b/a AT&T MICHIGAN) with offices located at 225
West Randolph St., Floor 13A, Chicago, IL 60606 (hereafter AT&T) as follows:
AT&T agrees to provide the Centrex lines, Litespan and SLC described in
Exhibit A, which is attached and incorporated herein
Michigan Bell Telephone Company is now known as Michigan Bell Telephone
Company (d/b/a AT&T Michigan)
In consideration of mutual covenants and agreements contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, COUNTY and AT&T hereby agree to the following:
§1. LEASED PREMISES
1.1. COUNTY grants to AT&T a LEASE to occupy and use the premises
("Premises") consisting of approximately 1,347.395 gross square feet and
located on the premises of the Oakland County Courthouse, Room C-21-B,
1200 N. Telegraph Road, Pontiac, Michigan ("Building").
§2. TERM
2.1. The term of this LEASE shall commence as of March 20, 2017, and shall
continue through March 19, 2022, unless extended or terminated as
provided for in this LEASE.
§3. CONSIDERATION
3.1. In consideration for this Agreement AT&T agrees to provide COUNTY with
emergency telephone back up services in the event that COUNTY'S
independent telephone system is inoperable. Further, AT&T agrees to
maintain and keep in good repair any and all of its equipment in the
Premises necessary to provide COUNTY with emergency telephone back-
up services.
§4. USE AND ACCESS
4.1. AT&T shall occupy and use the Premises for the exclusive purpose of
accommodating AT&T'S equipment, facilities, lines, or cables (collectively,
the "Equipment") and for the generation, reception, transportation and
distribution of telecommunications, data, and video signals to and from the
Equipment, and for no other purpose without the written consent of
COUNTY.
4.2. Upon compliance with COUNTY'S security procedures, AT&T'S agents and
employees may enter the Premises, 24-hours per day for the purpose of
installing, inspecting, changing, removing, maintaining, or repairing AT&T'S
Equipment. AT&T must contact Courthouse Security prior to entering the
Premises after COUNTY's normal working hours.
4.3. AT&T shall permit COUNTY, its agents, employees, or contractors to enter
the Premises without notice to examine, inspect, and protect the Building
and Premises.
§5. INSTALLATION AND MAINTENANCE
5.1. AT&T, coordinating with COUNTY'S personnel, shall install and maintain its
Equipment at its own expense and in a reasonable and prudent manner so
as not to interfere with COUNTY'S operations and activities.
§6. UTILITIES
6.1. COUNTY shall furnish, at its cost and expense, all lighting, heat, and
electricity. If any utility is disrupted, suspended, or discontinued for any
reason, COUNTY shall make all reasonable efforts to reestablish such
service as quickly as possible. AT&T shall not be entitled to any
reimbursement for losses, compensation, or damages associated with utility
disruption, unless AT&T suffers actual damages due to the unlawful or gross
negligence of COUNTY, its agents, or employees.
§7. RELOCATION
7.1. In the event that it becomes necessary to relocate AT&T'S Equipment due to
building, remodeling, or otherwise, COUNTY shall, upon thirty (30) days
advance notice to and consent of AT&T and at AT&T'S sole expense,
relocate the Equipment to another suitable site within the Oakland County
Service Center structure, which is mutually agreed to by the Parties.
Consent shall not be unreasonably withheld.
§8. INSURANCE
8.1. The following insurance, and/or self-insurance, shall be obtained and
maintained for the term of this agreement:
8.1.1. Comprehensive General Liability Broad Form Endorsement
($1,000,000/1,000,000 CSL) with the following as minimum
requirements:
8.1.1.1. Broad Form Property damage;
8.1.1.2. Broad Form Contractual (Blanket);
8.1.2. Workers' Compensation (as required by Michigan State Law);
Employer's Liability ($100,000).
8.1.3. Automobile Liability with minimum limits of $1,000,000.00 Combined
Single Limit Automobile Liability per occurrence including hired and
leased vehicles, and owned and non-owned. No-Fault coverage as
required by law
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8.1.4. AT&T shall name the County of Oakland as an additional insured and
shall provide a Certificate of Insurance and/or Evidence of Self-
Insurance evidencing the above required insurance and
requirements.
8.1.5. All Certificates of Insurance or other evidence of self-insurance are to
provide 30 days notice of material changes or cancellation.
Certificates of Insurance and/or self-insurance must be provided to
COUNTY. Upon AT&T'S failure to provide evidence of insurance,
COUNTY may at their option, obtain such insurance and the cost
thereof shall be due and payable to COUNTY. Insurance carriers are
subject to the reasonable approval of COUNTY and must be licensed
or admitted in the State of Michigan.
8.1.6. WAIVER OF RIGHT OF SUBROGATION: With regard to the
premises and/or contents, that to the extent that a loss is covered by
insurance, COUNTY agrees that AT&T (their agents, employees
and/or servants) shall not be liable to COUNTY, and COUNTY shall
not be liable to AT&T, for any loss resulting directly or indirectly from
losses such as but not necessarily limited to fire, explosion, smoke
damage, vehicle damage, aircraft damage, riot and civil commotion,
vandalism and malicious mischief.
§9. ASSIGNMENT
9.1. AT&T shall not assign in whole or part this LEASE without prior written
consent of COUNTY. Consent shall not be unreasonably withheld by
COUNTY.
§10. INDEMNIFICATION
10.1. The COUNTY, its agents and employees shall not be liable for any loss,
damage, injuries, or other casualty of whatsoever kind or by whomsoever
caused, to the person or property of anyone (including AT&T) on or off the
Premises, arising out of or resulting from AT&T'S use, possession or
operations at the Premises, or from defects in the Premises whether
apparent or hidden, or from the installation, existence, use, maintenance,
condition, repair, alteration, removal or replacement of AT&T Equipment
thereon. AT&T for itself, its heirs, executors, administrators, successors and
assigns, hereby agrees to indemnify and hold COUNTY, its agents and
employees harmless from and against any and all claims, demands,
liabilities, suits or actions (including all reasonable expenses and attorneys'
fees incurred by or imposed on COUNTY in connection therewith) for any
loss, damage, injury or other casualty arising on account of AT&T'S use,
possession or operations at the Premises. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL COUNTY BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT,
PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW
RESULTING FROM THE INSTALLATION, OPERATION, AND/OR
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REMOVAL OF AMERITECH'S EQUIPMENT, FACILITIES, LINES OR
CABLE.
§11. DAMAGE TO PREMISES
11.1. If any of the Premises are damaged or destroyed in whole or in part by fire
or other casualty so as to substantially deprive AT&T of occupancy or use of
the Premises, or, if the access to the Premises is substantially damaged,
destroyed or declared to be unsafe, the LEASE shall terminate. If the
Premises was damaged less than described above, if practicable, COUNTY
shall grant AT&T access to the Premises during the period of repair or
reconstruction.
§12, SURRENDER OF PREMISES
12.1. Upon the expiration, early termination, or default of this LEASE by AT&T,
AT&T shall surrender to COUNTY the Premises broom clean and in the
same order and condition in which AT&T received them, the effects of
ordinary wear and tear and casualty excepted. AT&T shall prior to the
expiration of the term remove all of AT&T'S Equipment and personal
property from the Premises, Any damage to the Premises caused by such
removal shall be repaired by AT&T prior to surrender. At COUNTY'S option,
if AT&T fails to remove such Equipment and personal property 60 days
following lease termination then the same may be removed by COUNTY
and disposed of or stored at AT&T'S expense.
§13. DEFAULT
13.1. If default shall be made by AT&T in the performance or compliance with any
of the terms, covenants or conditions in this LEASE, then upon receiving
notice from COUNTY, specifying the items in default, AT&T shall have ten
(10) business days to cure the same. If the default cannot be cured within
said ten (10) day period, then AT&T shall attempt to cure such default with
due diligence for such period as may be practicable to cure the default, but
in no event shall AT&T take longer than sixty (60) business days, unless the
inability to cure is the result of force majeure. Except as otherwise provided
in this Section, if at the end of the sixty (60) day period the default is not
cured, then COUNTY may terminate this LEASE by written notice to AT&T.
13.2. For the purposes of this LEASE force majeure shall mean delays due to
strikes, lockouts, labor troubles, inability to procure labor or materials or
reasonable substitutes therefor, failure of power, governmental
requirements, restrictions or Laws, fire or other casualty damage, war or civil
disorder, or other causes beyond the reasonable control of AT&T.
§14. ABANDONING OR VACATING PREMISES
14.1. If AT&T abandons or vacates the Premises for a period of sixty (60) days,
then the COUNTY may terminate this LEASE upon thirty (30) days written
notice to AT&T.
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§15. RIGHT TO TERMINATE IF AT&T IS NO LONGER PROVIDING SERVICE TO
COUNTY
15.1. If AT&T is no longer providing service through the Equipment to any building
on the County Complex, including Boy Scouts, Credit Union or Farmers
Market, or emergency telephone back up service for the County, either party
shall have the right to terminate this Lease by giving at least ninety (90)
days advance written notice to the other party and AT&T shall vacate the
premises by the effective date of termination.
§16. CAPTIONS AND HEADINGS
16.1 The captions and section numbers appearing in this LEASE are inserted
only as a matter of such convenience and are not intended to define, limit,
construe or described the scope or intent of such provision. This LEASE
shall constitute the entire agreement of the parties hereto; all prior
agreements between the parties whether written or oral, are merged herein
and shall be of no force and effect.
§17. SEVERABILITY
17.1. If any provision of this LEASE is held invalid or unenforceable, such
provision shall be deemed deleted from this LEASE and/or shall be replaced
by a valid and enforceable provision which so far as possible achieves the
same objectives as the severed provision was intended to achieve, and the
remaining provisions of this agreement shall continue in full force and affect.
§18. GOVERNING LAW AND COMPLIANCE
18.1. Governing laws/consent to jurisdiction and venue. This LEASE shall be
governed, interpreted, and enforced by the laws of the State of Michigan.
Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim issue arising under or related to this
LEASE shall be brought in the Sixth Judicial Circuit Court of the State of
Michigan, the Fiftieth District Court of the State of Michigan, or the United
States District Court for the Eastern District of Michigan, Southern Division,
as dictated by the applicable jurisdiction of the court. Except as otherwise
required by law or court rule, venue is proper in the courts set forth above.
The choice of forum set forth above shall not be deemed to preclude the
enforcement of any judgement obtained in such forum or taking action under
this LEASE to enforce such judgement in any appropriate jurisdiction.
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§19. NOTICES
19.1. Any notice required or permitted by this LEASE shall be in writing and
delivered in person or deposited in the U.S. Mail, postage prepaid as
follows:
LANDLORD:
County of Oakland
1200 N. Telegraph Road
Pontiac, Michigan 48341
With copies to:
Oakland County Department of Facilities Management
Attn: Property Manager
One Public Works Drive
Waterford, MI 48328
zachosp@oakgov.com
TENANT:
AT&T Michigan
Director-Real Estate Services
225 West Randolph St., Floor 13A
Chicago, IL 60606
With copies to:
Attn: Legal Department
AT&T Michigan
225 West Randolph, 25 TH Fl.
Chicago IL 60606
19.2, Notice shall be deemed given under this LEASE when actually received or
refused.
§20. ENTIRE AGREEMENT
20.1. The making, execution and delivery of this LEASE by the COUNTY and
AT&T have been induced by no representations, statements, warranties, or
agreements other than those expressed. This LEASE embodies the entire
understanding of the Parties and there are no further or other agreements or
understandings, written or oral, in effect between the Parties. This
instrument may be amended or modified only by an instrument of equal
formality signed by the duly authorized officers of the respective Parties.
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FOR Michigan Bell Telephone Company (d/b/a AT&T Michigan):
BY: DATE:
has taken all actions and secured any and all
necessary approvals and authorizations and has the requisite authority from AT&T
Michigan to bind AT&T Michigan to the terms and conditions of this LEASE.
Subscribed and sworn to before me on this day of , 2017.
/s/
, Notary Public
State of Michigan, County of
My commission expires
Acting in the County of
FOR OAKLAND COUNTY:
BY: DATE:
Michael J. Gingell.
Chairperson, Oakland County Board of Commissioners
Subscribed and sworn to before me on this day of
/s/
, Notary Public
State of Michigan, County of
My commission expires
Acting in the County of
, 2017.
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EXHIBIT A
AMERITECH SERVICES
Number Account Notes
454-0530 1600 S/U Centrex
454-0531 1600 B/U Centrex
454-0532 1600 B/U Centrex
454-0533 1600 B/U Centrex
454-0534 1600 B/U Centrex
454-0535 1600 B/U Centrex
454-0536 1600 B/U Centrex
454-0537 1600 B/U Centrex
454-0538 1600 B/U Centrex
454-0539 1600 B/U Centrex
454-0540 1600 B/U Centrex
454-0541 1600 Bill Centrex
454-0542 1600 B/U Centrex -
454-0543 1600 B/U Centrex
454-0544 1600 B/U Centrex
454-0545 1600 B/U Centrex
454-0546 1600 B/U Centrex
454-0547 1600 B/U Centrex
454-0548 1600 B/U Centrex
454-0549 1600 B/U Centrex
454-0550 1600 B/U Centrex
454-0551 1000 B/U Centrex
454-0552 1600 B/U Centrex
454-0553 1600 B/U Centrex
454-0554 1600 B/U Centex
454-0555 1600 B/U Centrex
454-0556 1600 B/U Centrex
454-0557 1000 B/U Centex
454-0558 1000 B/U Centrex
454-0559 1000 B/U Centrex
454-0560 1600 B/U Centrex
454-0561 1600 B/U Centrex
454-0562 1600 B/U Centrex
454-0663 1600 B/U Centrex
454-0564 1600 B/U Centrex
454-0565 1600 B/U Centex
454-0566 1600 B/U Centrex
454-0567 1600 B/U Centrex
454-0568 1600 B/U Centrex
454-0569 1600 B/U Centex
454-0570 1600 B/U Centrex
454-0571 1600 B/U Centrex
454-0572 1600 B/U Centrex
454-0573 1600 B/U Centrex
454-0574 1600 B/U Centrex
454-0575 1000 B/U Centrex
454-0576 1600 B/U Centrex
EXHIBIT A
AIVIERITECH SERVICES
454-0677 1600 B/U Centrex
454-0578 1600 B/U Centrex
454-0579 1600 B/U Centrex
452-2289 1600 VM
858-1249 1600 VM
858-1643 1600 VM
858-1644 1600 VM
858-4016 1600 VM
858-4024 1600 VM
858-4036 1600 VM
858-4056 1600 VM
858-4062 1600 VM
858-4067 1600 VM
858-5600 1000 VM
858-8960 1600 VM
858-8961 1600 VM
UGPA
653616.001 SMDI to Centigram
Directory Listings 1000
see p1-21 from
6/9/01 CSR
Directory Listings 1600
CSR p1-27 from
6/9/01 CSR
Number: Existing
OC Centrex
number, circuit ID,
calling card ID, or
Directory Listing
Account: Existing
OC Ameritech
account - either 858-
1000 or 858-1600
Oakland County Department of Facilities Management
3/7/2017
Acceptance and Approval of Lease Agreement
Michigan Bell Telephone Company (d/b/a AT & T Michigan)
Room C-21-B, 1200 North Telegraph Road
Pursuant to Board of Commissioner's rules and procedures for purchase or lease of real property
the Department of Facilities Management is seeking Board of Commissioners approval of the
attached Lease Agreement. The Michigan Bell Telephone Company (d/b/a AT&T Michigan)
has provided and operated the County's Centrex telephone system and related features since
1988. Presently, the Centrex System is utilized as the emergency back-up telephone system to
the county's present service provider.
Description of premises to be leased.
Room C-21-B, which is an approximately 1,348-sf (gross) equipment room located in the
basement of the Oakland County Courthouse.
Terms and Conditions of Lease
Commencement date:
Termination date:
Rent:
County expenses:
March 20, 2017
March 19,2022
In lieu of rent AT&T will provide the Centrex telephone system,
related equipment and services for a back-up telephone system.
Provide all lighting, heat and electricity.
Recommendation
It is the recommendation of the Oakland County Department of Facilities Management that the
Board of Commissioners approve and accept the attached Lease Agreement between the County
of Oakland and Michigan Bell Telephone Company (d/b/a AT&T Michigan).
FISCAL NOTE (MISC . #17049) March 15, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
LEASE AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT&T MICHIGAN)
FOR AN EQUIPMENT ROOM IN THE OAKLAND COUNTY COURTHOUSE
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 lease agreement between the County
of Oakland and the Michigan Bell Telephone Company (AT&T Michigan) for use
of approximately 1,348 gross square feet of equipment room space in the
Oakland County Courthouse.
2. Pursuant to the terms and conditions of the lease, in lieu of rent, AT&T Michigan
will continue to utilize this space to provide, operate, and maintain an emergency
back-up telephone system for the County.
3. The term of the lease will commence on March 20, 2017, and will expire March
19, 2022.
4. The County will provide all utilities for the equipment room space and funding has
been included in the FY 2017 — FY 2019 Adopted Budget for building space
allocation in the General Fund.
5. No budget amendment is required.
omnnissionei. Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
Resolution #17049 March 15, 2017
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack,
Bowman. (20)
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).
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( (-2-0 i
01-1FREE1 APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 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 March 15,
2017, 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 15 th day of March, 2017.
hc- /
Lisa Brown, Oakland County