HomeMy WebLinkAboutResolutions - 1994.03.10 - 24150MISCELLANEOUS RESOLUTION #94030 February 10, 1994
Chairperson, on behalf of the Plan ' & Building -egmmittee, I move
the adoption of the foregoing r9I fo
nning & Buirding Committ76e
BY: PLANNING & BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON
RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - ESTABLISHMENT OF
POLICY AND 1994 RATES FOR USE OF THE 800 MHz RADIO SYSTEM BY
OUTSIDE AGENCIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County developed and implemented an 800 MHz
radio system providing county-wide radio communications which has
been operational since December, 1992; and
WHEREAS, during this first year of operation, it was necessary
to test and utilize the system with County Departments exclusively
until its operational performance and capacity could be determined;
and
WHEREAS there now exists limited capacity in the system to
handle a small number of additional radios; and
WHEREAS Oakland Community College, the City of Lake Angelus,
and the City of the Village of Clarkston have expressed _interest in
renting radios for communication on the 800 MHz system; and
WHEREAS the Radio Oversight Committee, which was established
by Miscellaneous Resolution #91247, reviewed the issue of outside
agencies using the system and, given the current system capacity,
recommends that outside public safety agencies may rent two-way
communication radios provided the Sheriff's Department handles
dispatch services for the agency(ies), and provided the agency(ies)
may be removed with one hundred and twenty (120) days notice should
the County need the system capacity in the future; and
WHEREAS monitor only radios would not affect system capacity
and the Radio Oversight Committee recommends that outside public
agencies may rent monitor only radios for public safety reasons,
and
WHEREAS the Radios Oversight Committee recommends outside
agencies should pay a monthly rental rate set annually to cover the
operating costs of the 800 MHz system as set forth for 1994 in
Schedule A.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent BOO MHz two-
way communication radios to public safety agencies provided that:
1) system capacity exists; 2) the Sheriff's Department handles
dispatch services for the agency; 3) the agency may be removed
with 120 days notice should the County need the system capacity in
the future.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent monitor only
radios to public agencies for a public safety need.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves outside agency monthly rental rates for 800
MHz radios for 1994 as set forth in Schedule A.
OUTSIDE AGENCY RENTAL RATES
1994
Monthly
Portable Radios Rates
Low Tier $36.88
High Tier 45.36
High Tier #1 53.90
Mobiles Radios
Mid Tier
High Tier
High Tier #1
High Tier #2
$35.07
45.72
56.24
60.83
Other Equipment
Converta Com $13.03
Desk Set 11.02
Consolette 84.81
• .- .
Resolution #94030 February 10, 1994
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
1994
$100,000
March 10, 1994
FISCAL NOTE (Misc. #94030)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - ESTABLISHMENT OF
POLICY AND 1994 RATES FOR USE OF THE 800MHz SYSTEM BY
OUTSIDE AGENCIES, MISCELLANEOUS RESOLUTION #94030
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI -G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #94030 and finds:
1) The proposed rates for the 1994 Radio Communication Fund
lease equipment for outside agencies are as follows:
1994
Monthly
Portable Radios Rates
Low Tier $36.88
High Tier 45.36
High Tier #1 53.90
Mobile Radios
Mid Tier $35.07
High Tier 45.72
High Tier #1 56.24
High Tier #2 60.83
Other Equipment
Converta Corn $13.03
Desk Set 11.02
Consolette 84.81
2) Three outside agencies have expressed interest in renting
radios for communication on the 800 MHz system.
3) Purchase of radios for rental to outside agencies is
necessary. Funds in the amount of $100,000 are available
in the 1994 Operational Improvements Designated Fund
Balance.
4) The 1994 Biennial Budget should be amended as
follows, with funding from the Designated Fund
Balance for Operational Improvements (acct #1-
10100-492-040)
General Fund (10100):
Revenue
909-01-00-9901 Prior Year Balance
Expenditure
138 -01-00-5675 Equity Transfer to Radio Fund
Central Service-Radio Communications (66000):
Revenue
138-40-00-5101 Equity Transfer from General Fund
1-455-001 Revenue Over (Under) Expense
100,000
- 0 -
$100,000
$100,000
/11/21—n„
FINANCE//cOMMITTEE
In Testimony Whereof, I have hereunto set my hand and a;Sixed the seal of the
rc40Z.994.
LyqeD. Allen, County CIErk
County of Oakland at Pontiac, Michigan this 10th day o
Resolution #94030 March 10, 1994
Moved by Palmer supported by McPherson the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Kaczmar, Kingzett, Law, McCulloch. (22)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on March 10, 1994 with the original record
thereof now remaining in my office.
L. Brooks Patterson, Oakland County Executive
J. David VanderVeen, Director
qOAKLAND*
COUNTY MICHIGAN
DEPARTMENT OF CENTRAL SERVICES
April 14, 1994
Dr. Joseph Macri
Director of Public Safety
Oakland Community College
22322 Rutland Drive
Southfield, Michigan 48075-4793
Dear Dr. Macri,
The radios for Oakland Community College have been ordered and we
expect to be able to provide them to your Public Safety Department
in May.
Enclosed you will find copies of our standard radio lease agreement
between the College and the County and a copy of the resolution
approved by the Oakland County Board of Commissioners which
establishes the rates. The County has already signed the
agreements. Please have the appropriate person sign for the
College and return two copies.
After we deliver the radios your department, you will receive
monthly invoices from our Accounting Department consistent with the
agreement. The invoices will include the remittance address.
We look forward to receiving the executed agreements and providing
you with this service. Again, should you need any further
information, you can contact me by phone at (810) 858-0925 or
Dennis Smith at 858-1100.
Respectfully,
David Quigley
Chief - Support Services
DPQ/pk
cc: J.David VanderVeen
\OUOCC.LT1
EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEFT 409 • PONTIAC MI 48341-0409 • (313) 858-0516 • FAX (313) 452-9215
- .
4 Ar
RADIO EQUIPMENT LEASE
This Agreement entered into by and between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter "Lessor") through its
Department of Central Services, and the OAKLAND COMMUNITY COLLEGE, whose address is 2480 Opdyke Rd . ,
Bloomf I el d Nil Ts-, MI 4£004hereafter "Lessee").
WHEREAS, Lessee desires to lease from Lessor and Lessor desires to lease to Lessee all the items of
equipment and personal property described in attached Exhibit A (hereafter the "Equipment") on the terms and
conditions stated herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements set forth herein,
Lessor and Lessee hereby agree as follows:
1. Lease. Lessor hereby leases to Lessee and Lessee hereby rents from Lessor the Equipment on a month-
to-month basis beginning AUGUST 1, ,1994.
2. Rent. The rent for the leasing of the Equipment shall be the monthly rental rate as established annually
by the Oakland County Board of Commissioners. The monthly rental rate includes the use and maintenance of the
radio equipment, including any necessary radio programming, under normal operating conditions. The rental rates do
not provide for installation of equipment, accessories (such as speaker microphones, spare batteries, or additional
battery chargers), loss of a radio, or damage due to neglect or abuse.
3. Title to Equipment. Title to the Equipment shall remain with Lessor at all times and the Lessee shall have
no right, title or interest therein except as expressly set forth in this Agreement. Lessee will, at its expense, protect
and defend Lessor's title to the Equipment and will keep the Equipment free and clear from any claims, liens, and
encumbrances of Lessee's creditors and other persons. Without Lessor's prior written consent, Lessee may not, by
operation of law or otherwise assign, transfer, pledge, or otherwise dispose of this Agreement or any interest therein
or sublet or lend the Equipment.
4. Disclaimer of Warranties. Lessor, not being the manufacturer of the Equipment, nor the manufacturer's
agent, nor a merchant, hereby expressly disclaims and makes to Lessee no warranty or representation, express or
implied, of merchantability or fitness for any particular purpose or otherwise, including, but not limited to: the fitness
for use, design or condition of the Equipment; the quality or capacity of the Equipment; the workmanship in the
Equipment; that the Equipment will satisfy the requirements of any law, rule, specification or contract pertaining thereto;
and any guaranty or warranty against patent infringement or latent defects, it being agreed that all such risks, as
between Lessor and Lessee, are to be borne by Lessee. Lessee acknowledges that it has solely and independently
determined the suitability of the Equipment for all of Lessee's intended uses and purposes. Lessee assumes all risks
and liability in connection with its determination and use of the Equipment, and agrees that Lessor is not responsible
or liable for any direct, indirect, incidental or consequential damage to or losses resulting from the installation, operation
or use of the Equipment. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH
RESPECT TO THE EQUIPMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Lessee acknowledges that no
warranties, representations, promises, or statements whatsoever other than the foregoing have been made or relied
upon by Lessor.
5. Use and-Operation of Equipment. Lessee agrees that it will use the Equipment in accordance with this
Agreement, provided that any such use is in conformity with all applicable laws and regulations, and any warranties
of the manufacturer and any maintenance agreements with respect to the Equipment. Lessee shall not permit anyone
other than its authorized agents or employees to operate the Equipment, without the prior written consent of Lessor.
6. Risk of Loss. Lessee assumes all risk of loss, damage, theft or destruction of the Equipment, and agrees
that no such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impair the obligations of
Lessee under this Agreement, all of which shall continue in full force and effect. Lessee, shall pay Lessor an amount
1
\
I
equal to all costs and expenses incurred by Lessor in repairing any damaged Equipment in its own facilities.
7. Indemnification. Except as otherwise provided in this Agreement, Lessee assumes liability for, and hereby
agrees to indemnify, protect and keep harmless Lessor, its agents, successors and assigns from and against any and
all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including
reasonable attorney's fees, of whatsoever kind and nature, arising out of the use, condition (including but not limited
to, latent and other defects and whether or not discoverable by Lessee or Lessor), operation, ownership, selection,
delivery, leasing or return of any item of Equipment, regardless of where, how and by whom operated, or any failure
on the part of Lessee to perform or comply with any conditions of this Lease. The indemnities and assumptions of
liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other
termination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shall authorize
Lessee or any other person to operate any item of Equipment so as to incur or impose any liability or obligation for
or on behalf of Lessor.
8. Term of Lease. This Lease shall be on a month—to—month basis. Either party shall have the right to
terminate this agreement upon one hundred and twenty (120) days notice in writing. Notices shall be given to the
following:
For the COUNTY
Chief of Support Services
1200 N. Telegraph
Pontiac, MI 48341
For the COLLEGE
Mrs. Helen Kieba-Tolksdorf
Chief Business Officer and Treasurer
2480 Opdyke Rd.
Bloomfield Hill s, MI 48304
Lessee will return the equipment to Lessor in the same operating order, repair, condition and appearance as of the date
of this Agreement, excepting only for reasonable wear and tear and depredation resulting from the authorized use
thereof.
9. Events of Default. Lessee shall be in default under this Agreement upon the happening of any of the
following events or conditions: (a) Lessee should fail to perform or observe any covenant, condition, or term of this
Agreement; or (b) Lessee shall make or permit any unauthorized assignment or transfer of this Lease, the Equipment
or any interest therein; or (c) any representation or warranty of Lessee contained in this Agreement shall prove to be
untrue or incorrect in any material respect.
10. Remedies. Upon the occurrence of any Event of Default, and at any time thereafter, (unless such default
shall have been waived by Lessor), Lessor may without any further notice exercise any one or more of the following
remedies: (a) terminate this Agreement as to any or all items of Equipment; or (b) take possession of the Equipment;
or (c) cause Lessee at its expense to promptly return the Equipment to Lessor; or (d) proceed by appropriate action
either at law or in equity to enforce performance by Lessee of the applicable covenants of this Agreement or to recover
damages for the breach thereof; or (e) exercise any other rights accruing to a lessor under any applicable law upon
a default by a Lessee.
11. Damages. If the Equipment is sold, leased or otherwise disposed of contrary to the terms of this
Agreement or if on the date of termination of this Agreement or upon repossession of the Equipment as provided for
herein, the Equipment is damaged, lost, stolen or destroyed, or subject to any levy, seizure, assignment, application
or sale for or by any creditor or governmental agency, Lessee shall also remain liable for the value of the Equipment.
12. Construction and Severability. This Agreement shall be construed in accordance with the laws of the
State of Michigan. If any provision of this Agreement, or the application of any provision to any circumstance, is held
invalid or unenforceable under any applicable law of any jurisdiction, the remainder hereof, and the application of such
provision to other circumstances, shall remain valid and enforceable
13. Complete Understanding of the Parties. This Agreement contains the entire agreement between the
parties and may not be modified, terminated or discharged except in writing, and this Agreement supersedes any and
all prior representations, warranties and/or inducements, written or oral, heretofore made by Lessor concerning this
agreements
Its: Chief Business Officer and 'ffeasurer
FOR LESIEE (OAAD COMMUNITY COLLEGE)
transaction, which are null and void and of no force or effect whatsoever.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed on the year and
date first above written.
FOR THE COU kc OF OAKLAND
J. David V. serVeen
Its: Director of Central Services
3
•
RADIO EQUIPMENT LEASE
EXHIBIT A — EQUIPMENT
21 (twenty-tine) High.Tier Portables w/rapid charger
5 (five) Mid Tier Mobiles
OAKLAND COMMUNITY COLLEGE'S RECEIPT AND ACCEPTANCE OF EQUIPMENT
The undersigned hereby acknowledges receipt in good condition of all the Equipment described in Exhibit A to the
RADIO EQUIPMENT LEASE, hereby accepts the Equipment and hereby certifies that the Lessor has fully and
satisfactorily performed all covenants and conditions with respect to all of Lessors obligation to provide Equipment
under this RADIO EQUIPMENT LEASE.
Dated: Lessee: Oakland Community College
By: Helen Kieba-Tol-ksde.rf, Chief Business Officer and Treasurer
OUTSIDE AGENCY RENTAL RATES
1994
Monthly
Portable Radios Rates
Low Tier $36.88
High Tier 45.36
High Tier #1 53.90
Mobiles Radios
Mid Tier
High Tier
High Tier *1
High Tier 42
$35.07
45.72
56.24
60.83
Other Equipment
Converta Corn $13.03
Desk Set 11.02
Consolette 84.81
MISCELLANEOUS RESOLUTION #94030 February 10, 1994
Is •
BY: PLANNING & BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON
RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - ESTABLISHMENT OF
POLICY AND 1994 RATES FOR USE OF THE 800 MHz RADIO SYSTEM BY
OUTSIDE AGENCIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County developed and implemented an 800 MHz
radio system providing county-wide radio communications which has
been operational since December, 1992; and
WHEREAS, during this first year of operation, it was necessary
to test and utilize the system with County Departments exclusively
until its operational performance and capacity could be determined;
and
WHEREAS there now exists limited capacity in the system to
handle a small number of additional radios; and
WHEREAS Oakland Community College, the City of Lake Angelus,
and the City of the Village of Clarkston have expressed interest in
renting radios for communication on the 800 MHz system; and
WHEREAS the Radio Oversight Committee, which was established
by Miscellaneous Resolution *91247, reviewed the issue of outside
agencies using the system and, given the current system capacity,
recommends that outside public safety agencies may rent two-way
communication radios provided the Sheriff's Department handles
dispatch services for the agency(ies), and provided the agency(ies)
may be removed with one hundred and twenty (120) days notice should
the County need the system capacity in the future; and
WHEREAS monitor only radios would not affect system capacity
and the Radio Oversight Committee recommends that outside public
agencies may rent monitor only radios for public safety reasons,
and
WHEREAS the Radios Oversight Committee recommends outside
agencies should pay a monthly rental rate set annually to cover the
operating costs of the 800 MHz system as set forth for 1994 in
Schedule A.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent 800 MHz two-
way communication radios to public safety agencies provided that:
1) system capacity exists; 2) the Sheriff's Department handles
dispatch services for the agency; 3) the agency may be removed
with 120 days notice shouldthe County need the system capacity in
the future.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent monitor only
radios to public agencies for a public safety need.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves outside agency monthly rental rates for 800
MHz radios for 1994 as set forth in Schedule A.
Chairperson, on behalf of the Flan9.1.9,& Building—nommittee, I move
the adoption of the foregoing r
Pg.enning & Bufraing COmmitfie
RADIO EQUIPMENT LEASE
This Agreement entered into by and between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter "Lessor") through its
Department of Central Services, and the OAKLAND COMMUNITY COLLEGE, whose address is 2480 Opdyke Rd.,
8loomfi el d Nil Ts-, MI 48304hereafter "Lessee").
WHEREAS, Lessee desires to lease from Lessor and Lessor desires to lease to Lessee all the items of
equipment and personal property described in attached Exhibit A (hereafter the "Equipment") on the terms and
conditions stated herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements set forth herein,
Lessor and Lessee hereby agree as follows:
1. Lease. Lessor hereby leases to Lessee and Lessee hereby rents from Lessor the Equipment on a month-
to—month basis beginning AUGUST 1, ,1994.
2. Rent. The rent for the leasing of the Equipment shall be the monthly rental rate as established annually
by the Oakland County Board of Commissioners. The monthly rental rate includes the use and maintenance of the
radio equipment, including any necessary radio programming, under normal operating conditions. The rental rates do
not provide for installation of equipment, accessories (such as speaker microphones, spare batteries, or additional
battery chargers), loss of a radio, or damage due to neglect or abuse.
3. Title to Equipment. Title to the Equipment shall remain with Lessor at all times and the Lessee shall have
no right, title or interest therein except as expressly set forth in this Agreement. Lessee will, at its expense, protect
and defend Lessor's title to the Equipment and will keep the Equipment tree and clear from any claims, liens, and
encumbrances of Lessee's creditors and other persons. Without Lessor's prior written consent, Lessee may not, by
operation of law or otherwise assign, transfer, pledge, or otherwise dispose of this Agreement or any interest therein
or sublet or lend the Equipment.
4. Disclaimer of Warranties. Lessor, not being the manufacturer of the Equipment, nor the manufacturer's
agent, nor a merchant, hereby expressly disclaims and makes to Lessee no warranty or representation, express or
implied, of merchantability or fitness for any particular purpose or otherwise, including, but not limited to: the fitness
for use, design or condition of the Equipment; the quality or capacity of the Equipment; the workmanship in the
Equipment; that the Equipment will satisfy the requirements of any law, rule, specification or contract pertaining thereto;
and any guaranty or warranty against patent infringement or latent defects, it being agreed that all such risks, as
between Lessor and Lessee, are to be borne by Lessee. Lessee acknowledges that it has solely and independently
determined the suitability of the Equipment for all of Lessee's intended uses and purposes. Lessee assumes all risks
and liability in connection with its determination and use of the Equipment, and agrees that Lessor is not responsible
or liable for any direct, indirect, incidental or consequential damage to or losses resulting from the installation, operation
or use of the Equipment. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH
RESPECT TO THE EQUIPMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Lessee acknowledges that no
warranties, representations, promises, or statements whatsoever other than the foregoing have been made or relied
upon by Lessor.
5. Use and-Operation of Equipment. Lessee agrees that it will use the Equipment in accordance with this
Agreement, provided that any such use is in conformity with all appficable laws and regulations, and any warranties
of the manufacturer and any maintenance agreements with respect to the Equipment. Lessee shall not permit anyone
other than its authorized agents or employees to operate the Equipment, without the prior written consent of Lessor.
6. Risk of Loss. Lessee assumes all risk of loss, damage, theft or destruction of the Equipment, and agrees
that no such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impair the obligations of
Lessee under this Agreement, all of which shall continue in full force and effect. Lessee, shall pay Lessor an amount
equal to all costs and expenses incurred by Lessor in repairing any damaged Equipment in its own facilities.
7. Indemnification. Except as otherwise provided in this Agreement, Lessee assumes liability for, and hereby
agrees to indemnify, protect and keep harmless Lessor, its agents, successors and assigns from and against any and
all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including
reasonable attorney's fees, of whatsoever kind and nature, arising out of the use, condition (including but not limited
to, latent and other defects and whether or not discoverable by Lessee or Lessor), operation, ownership, selection,
delivery, leasing or return of any item of Equipment, regardless of where, how and by whom operated, or any failure
on the part of Lessee to perform or comply with any conditions of this Lease. The indemnities and assumptions of
liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other
termination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shall authorize
Lessee or any other person to operate any item of Equipment so as to incur or impose any liability or obligation for
or on behalf of Lessor.
8. Term of Lease. This Lease shall be on a month—to—month basis. Either party shall have the right to
terminate this agreement upon one hundred and twenty (120) days notice in writing. Notices shall be given to the
following:
For the COUNTY
Chief of Support Services
1200 N. Telegraph
Pontiac, MI 48341
For the COLLEGE
Mrs. Helen Ki eba-Tol ksdorf
Chief Business Officer and Treasurer
2480 Opdyke Rd.
Bloomfield Hill s, MI 48304
Lessee will return the equipment to Lessor in the same operating order, repair, condition and appearance as of the date
of this Agreement, excepting only for reasonable wear and tear and depreciation resulting from the authorized use
thereof.
9. Events of Default. Lessee shall be in default under this Agreement upon the happening of any of the
following events or conditions: (a) Lessee should fail to perform or observe any covenant, condition, or term of this
Agreement; or (b) Lessee shall make or permit any unauthorized assignment or transfer of this Lease, the Equipment
or any interest therein; or (c) any representation or warranty of Lessee contained in this Agreement shall prove to be
untrue or incorrect in any material respect.
10. Remedies. Upon the occurrence of any Event of Default, and at any time thereafter, (unless such default
shall have been waived by Lessor). Lessor may without any further notice exercise any one or more of the following
remedies; (a) terminate this Agreement as to any or all items of Equipment; or (b) take possession of the Equipment;
or (c) cause Lessee at its expense to promptly return the Equipment to Lessor; or (d) proceed by appropriate action
either at law or in equity to enforce performance by Lessee of the applicable covenants of this Agreement or to recover
damages for the breach thereof; or (e) exercise any other rights accruing to a lessor under any applicable law upon
a default by a Lessee.
11. Damages. If the Equipment is sold, leased or otherwise disposed of contrary to the terms of this
Agreement or if on the date of termination of this Agreement or upon repossession of the Equipment as provided for
herein, the Equipment is damaged, lost, stolen or destroyed, or subject to any levy, seizure, assignment, application
or sale for or by any creditor or governmental agency, Lessee shall also remain liable for the value of the Equipment.
12. Construction and Severabilitv. This Agreement shall be construed in accordance with the laws of the
State of Michigan. If any provision of this Agreement, or the application of any provision to any circumstance, is held
invalid or unenforceable under any applicable law of any jurisdiction, the remainder hereof, and the application of such
provision to other circumstances, shall remain valid and enforceable
13. Complete Understandino of the Parties. This Agreement contains the entire agreement between the
parties and may not be modified, terminated or discharged except in writing, and this Agreement supersedes any and
all prior representations, warranties and/or inducements, written or oral, heretofore made by Lessor concerning this
agreements
2
J. David V rVeen
• •
transaction, which are null and void and of no force or effect whatsoever.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed on the year and
date first above written.
FOR THE COLJki\TY OF OAKLAND FOR LEVEE (OAKLAND , COMMUNITY COLLEGE)
Its: Director of Central Services Chief Business Officer and Treasurer
RADIO EQUIPMENT LEASE
EXHIBIT A — EQUIPMENT
21 (twenty-One) High.Tier Portables w/rapid charger
5 (five) Mid Tier Mobiles
OAKLAND COMMUNITY COLLEGES RECEIPT AND ACCEPTANCE OF EQUIPMENT
The undersigned hereby acknowledges receipt in good condition of all the Equipment described in Exhibit A to the
RADIO EQUIPMENT LEASE, hereby accepts the Equipment and hereby certifies that the Lessor has fully and
satisfactorily performed all covenants and conditions with respect to all of Lessors obligation to provide Equipment
under this RADIO EQUIPMENT LEASE.
Dated: Lessee: Oakland Community College
By: Helen Kieba-Tol-k-sdeef, Chief Business Officer and Treasurer
OUTSIDE AGENCY RENTAL RATES
1994
Monthly
Portable Radios Rates
Low Tier $36.88
High Tier 45.36
High Tier #1 53.90
Mobiles Radios
Mid Tier
High Tier
High Tier 41
High Tier #2
$35.07
45.72
56.24
60.83
Other Eauipment
Converta Corn $13.03
Desk Set 11.02
Consolette 84.81
u MISCELLANEOUS RESOLUTION #94030 February 10, 1994
BY: PLANNING & BUILDING COMMITTEE, CHARLES PALMER, CHAIRPERSON
RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - ESTABLISHMENT OF
POLICY AND 1994 RATES FOR USE OF THE BOO MHz RADIO SYSTEM BY
OUTSIDE AGENCIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County developed and implemented an 800 MHz
radio system providing county-wide radio communications which has
been operational since December, 1992; and
WHEREAS, during this first year of operation, it was necessary
to test and utilize the system with County Departments exclusively
until its operational performance and capacity could be determined;
and
WHEREAS there now exists limited capacity in the system to
handle a small number of additional radios; and
WHEREAS Oakland Community College, the City of Lake Angelus,
and the City of the Village of Clarkston have expressed interest in
renting radios for communication on the BOO MHz system; and
WHEREAS the Radio Oversight Committee, which was established
by Miscellaneous Resolution #91247, reviewed the issue of outside
agencies using the system and, given the current system capacity,
recommends that outside public safety agencies may rent two-way
communication radios provided the Sheriff's Department handles
dispatch services for the agency(ies), and provided the agency(ies)
may be removed with one hundred and twenty (120) days notice should
the County need the system capacity in the future; and
WHEREAS monitor only radios would not affect system capacity
and the Radio Oversight Committee recommends that outside public
agencies may rent monitor only radios for public safety reasons,
and
WHEREAS the Radios Oversight Committee recommends outside
agencies should pay a monthly rental rate set annually to cover the
operating costs of the 800 MHz system as set forth for 1994 in
Schedule A.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent 800 MHz two-
way communication radios to public safety agencies provided that:
1) system capacity exists; 2) the Sheriff's Department handles
dispatch services for the agency; 3) the agency may be removed
with 120 days notice shouldthe County need the system capacity in
the future.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes Radio Communications to rent monitor only
radios to public agencies for a public safety need.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves outside agency monthly rental rates for 800
MHz radios for 1994 as set forth in Schedule A.
Chairperson, on behalf of the Plan9113g & Building-1n ittee, I move
the adoption of the foregoing re#91plon/x
r
Penning & Building Commitie-e
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