HomeMy WebLinkAboutResolutions - 2017.12.07 - 23192MISCELLANEOUS RESOLUTION #17322 December 7, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — REQUEST FOR APPROVAL OF
AMENDMENT TO LICENSE AGREEMENT WITH THE STATE OF MICHIGAN FOR PLACEMENT OF
MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM EQUIPMENT ON AN OAKLAND
COUNTY RADIO TOWER LOCATED AT 196 OAKLAND AVENUE (196 CESAR E. CHAVEZ
AVENUE), PONTIAC, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, via MR #90281, authorized the construction of a radio tower
located at 196 Oakland Avenue (196 Cesar E. Chavez Avenue), Pontiac, Michigan (hereinafter the
"Tower"); and
WHEREAS the Board of Commissioners, via MR #95015, sold the property on which the tower is located
but was granted an easement and license for the continued ownership and operation of the Tower; and
WHEREAS the easement and license permits the County to have third parties locate communication
equipment on the Tower without permission from the owner of the real property; and
WHEREAS the Board of Commissioners, via MR #17066, authorized execution of a license agreement
with the State of Michigan Department of Technology, Management and Budget; and
WHEREAS surplus capacity exists on the County's primary (utility) and emergency (generator) circuits;
and
WHEREAS the surplus capacity is adequate for supplying power to the State of Michigan Department of
Technology, Management and Budget's equipment; and
WHEREAS in consideration of the above, the State of Michigan Department of Technology, Management
and Budget is agreeing to take over payment for the County's electric service for the Tower; and
WHEREAS this will require an amendment to the aforementioned license agreement between the County
and the State Department of Technology, Management and Budget; and
WHEREAS the Departments of Information Technology and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached amendment to the license agreement; and
WHEREAS it is the recommendation of the Department of Information Technology that the Board of
Commissioners accepts and approves the terms and conditions of the attached amendment to the 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 State of Michigan.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his
designee to execute the attached amendment to license agreement and all other related documents
between the County and State of Michigan, which may be required.
BE IT FURTHER RESOLVED that Radio Communications FY 2018 - 2020 budget is sufficient to fund
additional sites that will be added at a later date. No budget amendment is required at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
t rfozton----
t mmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
AMENDMENT NO. 1 TO THE APRIL 21, 2017
OAKLAND COUNTY
COMMUNICATIONS TOWER LICENSE AGREEMENT
Oakland County, Michigan, a municipal corporation (Licensor), and the State of
Michigan, by the Department Technology, Management, and Budget, Office of the
Michigan Public Safety Communications System (Licensee), agree to amend their
April 21, 2017 Communications Tower License Agreement, as follows:
Article V — Utilities. Taxes. Insurance and Casualty
Section 5.1 Electricity, uninterrupted Power Source and Generator Power is
deleted in its entirety and replaced as follows.
Section 5.1 Electricity, uninterrupted Power Source and Generator Power,
Licensee shall be responsible for obtaining and paying for utility service or other
services to the Licensed Premises that it desires. Licensor shall not be liable for
providing or paying for any utilities or services to the Licensed Premises.
Section 5.2 In consideration of Licensor permitting Licensee to connect to
and utilizing existing utility power and a backup generator at the Premises,
Licensee agrees to pay for Licenser's, as well as Licensee's electricity usage to the
Premises and to the Licensed Premises. A representative invoice is attached as
Exhibit A to this Amendment No.1. Licensor will forward electricity services
invoices to Licensee for payment to:
Department of Technology, Management and Budget
Financial Services-Operations
PO Box 30026
Lansing, MI 48909
Attn: Supervisor-Accounts Payable Service Center
All other provisions in the April 21, 2017 Contract that have not been changed by
this Amendment No.1 remain in effect.
The authorized representatives of the Parties approved and executed this
Amendment No.1 to the April 21, 2017 Oakland County Communications Tower
License Agreement on the date below each signature.
Signatures Pages Follow
LICENSOR;
OAKLAND COUNTY, MICHIGAN
By:
Its:
Date:
2
STATE OF MICHIGAN
Department of Tahnology
Budget
By: ,k
BesiillWA. Stoddard
Its: Director MPSCS
Date: ///'7
nagement and
3
EXHIBIT A
Representative Invoice
4
Energy Use
Time Period
Period 1
Meter kWh Multi lier is 8
tint/25/17 05124/17
Meter Display
Actual
Actual
kWh
1745
Rate Charge
60.10076 175.82
Sub-Total 175.82 e a k....:Dem tid
Time.Period .Perlod 1
Coincidental
Distribution Demand
Peak-Demand Intenral is 15-minute
$0.00 T,-;11•7 Z.4%.*:" 017.0k1Mvgi$
Service Charge
Energy Adjustment
$0.00
3U.k)()-\Z`c1C8k \\ SI 5 0 --I 505U/
Please remit payment to address
OLHSA BUILDING, LLC
214 S. Broadway, Suite 300
Lake Orion, MI 48362
248-690-4000
BILLING STATEMENT
[Pam Murphy
Meter. OC -Tower Oakland County - Radio Communications
196 Oakland Ave Pontiac, MI 48342 1200 N. Telegraph, Bldg.16E
Billing Date: May-17 Pontiac, MI 48341
Due Date:
Total Amount Due:
$186.37
LLOZ To Nnr Cha
Resolution #17322 December 7, 2017
Moved by Kowall supported by Jackson the resolutions (with fiscal notes attached)_o_n_the_amended
Consent Agencbe adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingeil, Hoffman, Jackson, Kowall, Long, McGillivray,
Middleton, Quarles, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (17)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with acCompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO Ma 45.5 59A(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 December 7,
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 7t'l day of December, 2017.
Lisa Brown, Oakland County