HomeMy WebLinkAboutResolutions - 2018.04.19 - 23391MISCELLANEOUS RESOLUTION #18097 April 19, 2018
BY: Commissioner Phillip Weipert, Chairperson, Planning and Building Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — LICENSING OF 52-3 DISTRICT COURT
ROCHESTER HILLS EXCESS PARKING SPACES TO BILL FOX CHEVROLET '
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County has been licensing excess vacant parking spaces for temporary new vehicle car
storage at the southeast portion of the parking lot of the 52-3 District Court Rochester Hills; and
WHEREAS the current license with Bill Fox Chevrolet expired March 15, 2018; and
WHEREAS the Court administration at the 52-3 Rochester Hills has agreed to continue licensing the open
parking lot spaces; and
WHEREAS Oakland County Purchasing Department developed bid specifications and conducted a new
Request for Proposals to obtain the highest bidder for the licensing of the parking lot spaces; and
WHEREAS one proposal was received from Bill Fox Chevrolet, Inc.; and
WHEREAS Bill Fox Chevrolet will pay $1,502 per month for use of the 126 parking lot spaces; and
WHEREAS the term of the license agreement shall be one year, and may be renewed by mutual consent
for four additional years, with years four and five having three percent increases in the payment; and
WHEREAS the license can be unconditionally terminated by either party with a 90-day notice; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached license agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached license agreement between the County of Oakland and Bill Fox Chevrolet, Inc.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached license agreement, and all other related documents,
which may be required between the County of Oakland and Bill Fox Chevrolet, Inc.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution. _
Commissioner Philip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Jackson absent.
ADR REVIEW SIGN OFF — Facilities Management
RESOLUTION TITLE: Department of Facilities Management — Licensing of 52-3 District Court Rochester
Hills Excess Parking Spaces to Bill Fox Chevrolet
DEPARTMENT CONTACT PERSON: Paul Zachos 858-5380
DATE: 3/27/18
DEPARTMENT REVIEW
Department of Human Resources:
Approved (No Committee) - Heather Mason (3/22/2018)
Corporation Counsel:
Approved — Jody Hall (3/23/2018)
Department of Management and Budget:
Approved — Lynn Sonkiss (3/27/2018)
License Agreement
The County of Oakland, 1200 North Telegraph, Pontiac, Michigan, 48341, hereby grants a
License for use of its property as set forth herein to:
Name of Entity or Person ("Licensee"): Bill Fox Chevrolet
Address: 725 S. Rochester Road, Rochester Hills, Michigan 48307
Contact Person: John Fox
Telephone Number: 248-651-7000 Cell: 248-765-6899
E-Mail Address: jfox@autobyfox.com
The Parties agree to the following terms and conditions:
1. Use of County Property. Licensee may only use the property described below for the
purposes set forth in this Agreement.
1.1. Definition and Location of Property. Property is defined as the real property illustrated
in Exhibit A, specifically 126, parking spaces for storage of vehicles in areas A and C
("Property"). Exhibit A is incorporated by referenced into this Agreement.
1.2. Use of Property. The Property shall be used for parking and storing vehicles associated
with Licensee's business operations.
1.3. Term. This Agreement shall commence on March 15, 2018 ("Commencement Date")
and end one year from said date. This Agreement may be renewed 30 days prior to the
anniversary of the Commencement Date, for four (4) additional years, by mutual
written consent of Licensee and the County's Director of Facilities Management or
his/her successor.
1.4. Licensee Amount Fee. Licensee shall pay the County a License Fee in the following
amounts for use of the Property:
YEAR MONTHLY AMOUNT
Year 1 $1,502.00 per month
Year 2, if renewed $1,502.00 per month
Year 3, if renewed $1,502.00 per month
Year 4, if renewed $1,547.06 per month
Year 5, if renewed $1,593.47 per month
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1.5. Payment of License Fee. The Licensee Fee is due and owing on the first day of each
month, in advance. Checks should be made payable to the "County of Oakland" and
sent to: Oakland County Treasurer's Office—Cash Acctg Bldg 12E, 1200 North
Telegraph Road, Pontiac, Michigan 48341-0479. Should this Agreement commence on
a day other than the first of the month, then the License Fee for such month and the
last month of the term shall be prorated upon a daily basis based upon a thirty (30) day
month.
1.6. Licensee shall not place any signs or advertisements on the Property without the prior
written consent of the County's Director of Facilities Management or his/her successor,
except that Licensee may erect signs that state "NO ENTRY" or "NO PUBLIC PARKING"
on the Property. Licensee shall be responsible for maintaining any signs it erects on the
Property in good condition.
1.7. Licensee shall keep the Property and anything stored thereon in good order and repair
and in a clean, safe, and healthful condition, including vehicles stored on the Property,
which shall be in a new and/or good condition.
1.8. Licensee shall not make any alternations, additions, or changes to the Property, unless
prior written approval is given by the County's Director of Facilities Management or
his/her successor.
1.9. Licensee acknowledges that it had the opportunity to inspect the Property and accepts
the Property AS IS.
1.10. The County may temporarily modify the number of spaces made available to Licensee at
any time upon thirty (30) days written notice to Licensee, if such spaces are needed for
governmental operations. The written notice shall state how long such spaces are
needed for government operations.
1.11. At the expiration or termination of this Agreement, Licensee shall leave the Property in
the same condition that Licensee found it and clean of all rubbish. Licensee shall
remove of all of its personal property within thirty (30) days of expiration or
termination of this Agreement. If Licensee does not remove its personal property
within the thirty (30) day period, the County shall dispose of it and bill Licensee for any
costs associated with the disposal.
2. Licensee Responsibilities. Licensee shall have the following responsibilities and
obligations:
2.1. Between November 1st and April 1st Area C (15 parking spaces), as illustrated in Exhibit
A, shall not be used by Licensee and must be left vacant for snow storage by the
County.
2.2. Licensee shall keep the drive lane on the Property, as illustrated in Exhibit A, open and
unblocked at all times
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Final 03-20-18
2.3. Vehicles stored on the Property must be parked within the provided parking space lines
and must not be parked bumper-to-bumper, i.e., more than two cars parked in a lined
parking space.
2.4. When entering and existing the Property Licensee shall not use the County's public
parking lot at the District Courthouse. Licensee shall enter and exit the Property as
illustrated on A.
2.5. Licensee shall be responsible providing snow and ice removal services for the Property.
2.6. Licensee and all persons performing work on behalf of Licensee shall not in any manner
hold themselves out to be agents or employees of the County.
2.7. Licensee is responsible for and shall obtain, at its sole expense, all necessary licenses,
permits, and other governmental approvals that are necessary for use of the Property.
2.8. Licensee shall not sell or permit anyone to sell or consume alcoholic beverages on the
Property.
3. County Responsibilities. Licensee shall have the following responsibilities and obligations:
3.1. The County shall maintain the Property, including the parking lot and surrounding
grounds in a good and useable condition, except that Licensee shall provide snow and
ice removal services for the Property.
4. Liability/Assurances.
4.1. Damage to County Property. Licensee shall be responsible for any damage to any
County property or facilities that is caused by Licensee, its employees, agents, invitees,
volunteers, or subcontractors or any other persons on the Property because of
Licensee's use of the Property. If damage occurs, the County shall make the necessary
repairs and/or replacements or cause a third party to make the necessary repairs or
replacements, provided, however, that Licensee shall reimburse the County for all costs
associated with repairing and/or replacing the damaged property or facilities.
4.2. Damage to Licensee Property. Licensee shall be solely liable and responsible for any
property loss or damage resulting from fire, theft or other means to Licensee's personal
property located, kept, or stored on the Property during Licensee's use of the Property.
4.3. Licensee shall be solely liable and responsible for any Claims, as defined herein,
occurring at or on the Property, which arise out of Licensee's or its employees, agents,
invitees, volunteers or subcontractors use of the Property.
4.4. Licensee shall not cause or allow any person or entity to cause any hazardous material,
waste, or debris to enter or to be disposed upon any County property.
4.5. Indemnification. Licensee shall indemnify and hold harmless the County of Oakland, it
Boards, Commissions, officials, and employees from any and all Claims that are incurred
by or asserted against the County by any person or entity which are alleged to have
been caused by or found to arise from the acts, performances, errors, or omissions of
Page 3 of 6
Final 03-20-18
Licensee or its employees, agents volunteers, subcontractors, invitees, or any other
persons on the Property because of Licensee's use of the Property.
4.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands
for relief or damages, suits, causes of action, proceedings, judgments, deficiencies,
liability, penalties, litigation, costs, and expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs, investigation
expenses, litigation expenses, amounts paid in settlement, and/or other amounts or
liabilities of any kind which are imposed on, incurred by, or asserted against the County,
or for which the County may become legally and/or contractually obligated to pay or
defend against, whether direct, indirect or consequential, whether based upon any
alleged violation of the federal or the state constitution, any federal or state statute,
rule, regulation, or any alleged violation of federal or state common law, whether any
such claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
5. Insurance. Licensee shall obtain and maintain insurance according to the specifications
set forth in Exhibit B. Exhibit B is incorporated by reference into this Agreement.
6. Termination. Either Party may terminate this Agreement upon ninety (90) days written
notice to the other Party for any reason.
7. Compliance with Law. Licensee, including its employees, agents, invitees, and
subcontractors must comply with all applicable federal, state, and local laws, regulations
and ordinances, and the requirements of this Agreement.
8. No Interest in Property. Licensee shall have no title in and to the Property or any portion
thereof and has not, does not, and will not claim any such title or any easement over the
Property.
9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties. Notwithstanding the foregoing, Licensee shall
not assign any portion of this Agreement without the prior written consent of the Director
of Facilities Management or his/her successor.
10. Waiver. The failure of the County to insist upon strict performance of any covenants or
conditions of this Agreement or to exercise any option herein conferred in any one or
more instances shall not be construed as a waiver or relinquishment of any such
covenants, conditions, or options, but the same shall be and remain in full force and
effect. No covenant, term or condition of this Agreement shall be deemed to have been
waived by the County, unless such waiver is in writing by the County.
11. Amendments. This Agreement cannot be modified unless reduced to writing and signed
by both Parties.
12. Severability. If any term, covenant, or condition of this Agreement or the application
thereof to any person or circumstance is deemed to be invalid or unenforceable to any
extent, the remainder of this Agreement or the application of such term, covenant or
condition to persons or circumstances, shall not be affected thereby and each term,
Page 4 of 6
Final 03-20-18
covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law, unless removal of such term materially alters the basic intent of
the Parties in executing this Agreement.
13. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws
of the State of Michigan.
14. Counterparts. This Agreement may be executed in one or more counterparts, including
facsimile copies, each of which shall be deemed an original, but all of which shall together
constitute one instrument.
15. Entire Agreement. This Agreement sets forth all covenants, promises, agreements,
conditions and understandings between the Parties concerning the use of the Property
and there are no covenants, promises, agreements, conditions or understandings, either
oral or written, between the Parties other than are herein set forth.
16. Effective Date. The Effective Date of this Agreement shall be March 15, 2018.
The Parties represent that their respective signatories have the requisite authority to execute
and bind them to the duties and responsibilities contained herein.
APPROVED AND AUTHORIZED BY LICENSEE:
NAME: John C. Fox
TITLE: President
DATE:
SIGNATURE
WITNESS:
NAME:
TITLE:
DATE:
SIGNATURE
APPROVED AND AUTHORIZED BY THE COUNTY:
Page 5 of 6
Final 03-20-18
NAME: Michael J. Gingell
TITLE: Chairman
DATE:
SIGNATURE
WITNESS:
NAME:
TITLE:
DATE:
SIGNATURE
Page 6 of 6
Final 03-20-18
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EXHIBIT B
INSURANCE REQUIREMENTS
I. Insurance Coverages. The Licensee, at its own expense, shall procure and maintain during
the life of this Agreement, including any renewals or extensions thereof, all insurance as set forth
below, protecting and defending the County against all loss or claims, which may arise out of or
result from the Licensee's use of the Property, whether such use is by the Licensee, its
employees, agents, invitees, volunteers, subcontractors or any other persons on the Property
because of Licensee's use of the Property. The insurance shall be written for not less than any
minimum coverage herein specified or required by law, whichever is greater.
a. Commercial Genera! Liability Insurance with the following as minimum limits:
$2,000,000 — General Aggregate Limit—other than Products/Completed Operations
$1,000,000 — Products/Completed Operations Aggregate Limit
$1,000,000 - Personal & Advertising Injury Limit
$1,000,000 - Each Occurrence Limit
Commercial General Liability Insurance shall contain the following minimum coverages:
• Occurrence Form
• Premises and Operations
• Personal & Advertising Injury
• Products and Completed Operations
▪ Broad Form Property Damage
• Independent Contractors
• Blanket Broad Form Contractual (including coverage for obligations assumed in
this Contract)
b. Commercial Automobile Liability Insurance (including Michigan No-Fault) with a
minimum limit of not less than $1,000,000 each occurrence covering liability and property
damage arising out of any owned, hired, or non-owned automobile.
c. Worker's Compensation Insurance — Coverage A: with limits statutorily required by any
applicable Federal or State Law and Employers Liability Insurance - Coverage B: with
minimum limit of $500,000 each accident, $500,000 each employee by disease and
$500,000 aggregate disease.
d. Umbrella/Excess Liability insurance with a minimum limit of $2,000,000 each
occurrence. Coverage shall be follow form of primary or broader.
II. General Insurance Provisions. The aforementioned insurance shall be endorsed, as
applicable, and shall contain the following terms, conditions, and/or endorsements. All
certificates of insurance must bear evidence of all required terms, conditions and/or
endorsements.
a. All policies of insurance shall be on a primary, non-contributory basis with any other
insurance and/or self-insurance carried by the County.
b. The insurance company(s) issuing the policy(s) shall have no recourse against the
County for subrogation, premiums, deductibles, or assessments under any form of policy.
c. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole
risk of the Licensee.
1
d. All insurance policies shall be endorsed to provide a written waiver of subrogation in favor
of the County of Oakland, its Boards, Commissions, officials, and employees.
e, All insurance policies, with the exception of Worker's Compensation, shall be endorsed to
name the County of Oakland, its Boards, Commissions, officials, and employees as
Additional insureds,
f. The Licensee shall require their subcontractors, if any, not protected under the Licensee's
insurance policies to maintain insurance with coverages equal to those required of the
Licensee in this contract, if applicable,
g. All policies must be endorsed to provide thirty-days (30) written notice to the County for
cancellation, non-renewal, or material change. Certificates of insurance must be provided
no less than ten (10) working days before commencement license agreement.
FISCAL NOTE (MISC . #18097) April 19, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — LICENSING OF 52-3 DISTRICT COURT
ROCHESTER HILLS EXCESS PARKING SPACES TO BILL FOX CHEVROLET
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. Pursuant to Miscellaneous Resolutions #12036 and #15066 a lease agreement between
Oakland County and Bill Fox Chevrolet approved the use of 126 parking spaces for the
temporary storage of new vehicles at the Rochester Hills District Court, located at 700
Barclay Circle.
2. The current lease agreement expires on March 15, 2018.
3. The resolution authorizes the continued licensing of parking spaces as approved by the
Rochester Hills District Court Administration.
4. Bid specifications were developed by the Purchasing Department with one request for
proposal received from Bill Fox Chevrolet.
5. All necessary documents related to the license agreement have been reviewed and/or
prepared by the Departments of Facilities Management and Corporation Counsel.
6. The license term shall commence on March 15, 2018 and end one (1) year from said
date.
7. The license fee will be due and owing on the first day of the month in advance and may
be renewed by mutual consent for four additional years or the license can be
unconditionally terminated by either party.
8. Should the license agreement commence on a day other than the first day of the month,
the license fee shall be prorated upon a daily basis based on a thirty (30) day month.
9. The license agreement requires Bill Fox Chevrolet to pay $1,502 per month, or $18,024
annually in Year 1 — Year 3, with years four and five having a three percent increase in
payment for a total of $18,565 in Year 4 and $19,122 in Year 5.
10. Then annual estimated prorated revenue for FY 2018 is $17,468.
11. The annual estimated prorated revenue will be offset by the amount budgeted in the
General Fund Non-Departmental Licenses line item for FY 2018 — FY 2020. The current
budget allocation of $16,812 was based on the previous license agreement amount of
$1,401 per month.
12. The FY 2018, FY 2019 and FY 2020 budgets are amended as follows:
GENERAL FUND (#10100) FY2018 FY2019 — FY2020
9010101-196030-631106 Licenses
9010101-196030-665882 Planned Use of Balance
$ 656 $1,212
($ 656) ($1,212)
$ -0- $ -0-
ciC mmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18097 April 19, 2018
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray,
Middleton, Spisz, Taub, Tietz, Welpert, Woodward, Zack, Berman, Bowman, Crawford. (19)
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).
I HEREBY APPACoVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 46.559A (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 April 19, 2018,
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 19th day of April, 2018.
Lisa Brown, Oakland County