HomeMy WebLinkAboutResolutions - 1994.10.27 - 24276MISCELLANEOUS RESOLUTION #94299 October 13, 1994
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SATELLITE DOWNLINK DISH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Michigan State University Extension received a W.K.Kellogg
Foundation grant of funds for support of University educational outreach; and,
WHEREAS, Michigan State University wishes to purchase and install satellite
downlink dishes in all Michigan counties; and,
WHEREAS, Michigan State University wishes to install and lease a satellite
downlink dish to the County of Oakland according to the covenants set forth in the
Satellite Downlink Agreement (Attachment I).
NOW THEREFORE BE IT RESOLVED that the Public Services Committee of the
Oakland County Board of Commissioners supports the Satellite Downlink Dish
installation for purposes described.
Chairperson, on behalf of the Public Services Committee, I move the adoption of
the foregoing resolution.
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L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN Gerald D. Poisson, Director 858-0553
DEPARTMENT OF CORPORATION COUNSEL Michael D. Blaszczak 858-0551
MEMORANDUM
To: Wayne Nierman, Ph. D.,
County Extension Director
From: Michael D. Blaszczak,
Assistant Corporation Counsel
Date: September 22, 1994
Subject: Satellite Downlink Agreement - Final Draft
Attached is the final draft of the Satellite Downlink Agreement as approved by Michigan
State University. With your Attachments "A" & "B", this Agreement is ready to begin the
County's contract approval process.
Based upon my negotiations with the University's attorney, I am satisfied this is the most
favorable agreement the County can expect under the circumstances. While there was
progress from the original proposal, the University's basic position is that they are willing
to give this equipment to the County, however, the County must decide whether or not
to accept it on their terms.
As your Department will be formulating the policy recommendation in this matter, I leave
this matter for your further consideration. If there are any further questions regarding the
legal implications, please feel free to contact me.
Sincerely,
OAKLAND COUNTY CORPORATION COUNSEL
,
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Michael D.
Assistant Co 'oration Counsel
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Attachment
1200 North Telegraph Road - Pontiac. Michigan 48341-0419 • (810) 858-0550 • Fax (810) 858-1003 Court Tower - VVes1 Wing
SATELLITE DOWNLINK AGREEMENT
This SATELLITE DOWNLINK AGREEMENT (hereafter the "LEASE"), is made and entered into by
and between the Lessor, MICHIGAN STATE UNIVERSITY, a Michigan Constitutional Corporation, whose
address is East Lansing, Michigan, 48824 (hereafter the "UNIVERSITY"), and the Lessee, the COUNTY
OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road,
Pontiac, Michigan, 48341 (hereafter the "COUNTY").
WHEREAS, the UNIVERSITY has received a grant from the W.K. Kellogg Foundation for the
support of educational outreach. The UNIVERSITY wishes to purchase and install a Satellite Downlink Dish
(hereafter, and as described in Attachment A, the "DOWNLINK") in each Michigan county in which in an
appropriate public entity agrees to provide a DOWNLINK site and agrees to be responsible for the
DOWNLINK equipment after the installation. The COUNTY wishes to lease from UNIVERSITY one such
DOWNLINK and the UNIVERSITY desires to lease the DOWNLINK to the COUNTY under the following
terms and conditions.
NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements set
forth herein, the UNIVERSITY and the COUNTY hereby agree as follows:
1. The UNIVERSITY shall lease to the COUNTY, for a period of seven years following the
effective date of this LEASE, a DOWNLINK which the UNIVERSITY, at its sole cost and expense, will install
on the COUNTY premises, as described on Attachment B to this LEASE. This LEASE will become
effective upon written notice from the UNIVERSITY to the COUNTY that the DOWNLINK has been
completely installed and is fully operational. The COUNTY shall have no obligation to the UNIVERSITY
under this LEASE before such time. All UNIVERSITY employed contractor(s) hired to install this
DOWNLINK on COUNTY premises shall comply with and satisfy all applicable COUNTY safety and
insurance requirements related to this installation.
2. As consideration for this LEASE, the COUNTY shall pay to the UNIVERSITY the sum of
One Dollar ($1.00), which shall be the total monetary consideration for this LEASE, and perform such other
undertakings and agreements as set forth below.
3. The COUNTY will allow the UNIVERSITY's programs first priority in scheduling the use of
the DOWNLINK. The UNIVERSITY acknowledges and agrees that COUNTY may, and is encouraged to,
make the maximum use the DOWNLINK, including any use for any non-UNIVERSITY programs and/or non-
UNIVERSITY groups, as the COUNTY shall determine on a nondiscriminatory basis as established by law.
4. The COUNTY, at its sole expense, and except for normal wear and tear, shall maintain,
and either repair or replace, as the COUNTY deems necessary, the DOWNLINK and related equipment,
if the DOWNLINK is damaged or otherwise becomes inoperable during the term of this LEASE, unless
otherwise agreed upon by the UNIVERSITY in writing.
5. The COUNTY will provide meeting facilities for use by the Michigan State Cooperative
Extension Service in connection with its programs to be received on the DOWNLINK. The meeting facilities
provided for the use of the Michigan State Cooperative Extension Service shall meet the following
requirements:
a. A meeting room(s) with a capacity of 25 or more people in a classroom style or with
movable chairs and tables;
9/22/94 Final Draft 1
b. Rest room facilities and adequate parking available to persons using the meeting room(s);
c. The meeting room(s) and parking facilities shall be handicapper accessible; and
d. The meeting room(s) shall be available on weekdays, weeknights, and weekends as
needed by the Michigan State Cooperative Extension Service, in accordance with a meeting room
schedule maintained on CEENet by the Oakland County Cooperative Extension Service office.
Any enhancements to the meeting facilities (such as telephones, fax machines, or any other related or
incidental items or equipment) may be provided at the sole discretion, expense, and liability of the
COUNTY.
6. Either the UNIVERSITY or the COUNTY may cancel this LEASE at anytime before its
expiration. However, should the COUNTY cancel this LEASE before the end of the second year of this
LEASE, the COUNTY shall reimburse the UNIVERSITY for the actual labor costs and expenses incurred
and paid by the UNIVERSITY to install the DOWNLINK on COUNTY premises.
7. This LEASE agreement shall not be modified or changed in any manner except by a written
amendment signed by authorized representatives of both the COUNTY and the UNIVERSITY.
8. The COUNTY agrees to indemnify the UNIVERSITY against third party claims in connection
with the Downlink and its use, except that the COUNTY shall have no liability to the UNIVERSITY in
connection with any claims based upon any UNIVERSITY programming decision or any program content
or subject matter.
To evidence their agreement as set forth above, the COUNTY and the UNIVERSITY have caused
this LEASE to be duly signed below.
COUNTY OF OAKLAND MICHIGAN STATE UNIVERSITY
By: By:
Title: Title:
Date: Date:
9122/94 Final Draft 2
Attachment A
Description of Satellite Downlink Equipment
Description for the satellite downlink agreement between Michigan State University and the
County of Oakland.
The LearnNet system consists of seven components. They are as follows:
* A 3.7 meter steerable C and Ku band satellite antenna.
* A C and Ku band remote controlled satellite receiver
* A Goldstar GVR-A215 VHS videocassette recorder with Infrared remote control; a 4-head
system.
*A Zenith 25", Sentry 2 color television monitor with remote control, MTS stereo, second audio
program and closed captioning.
* An audio visual roll around cart (Bretford model, 50" tall with 110 volt power strip attached)
The standard LearnNet satellite receiver is a Toshiba TRX 1800. It has Infrared remote control
and is capable of storing up to 48 satellite positions in its memory.
Attachment B
Installation Specifications
The Prodelin satellite antenna installation is to be located at the County Service
Center, 1200 N. Telegraph, Pontiac between the North Office Building and the Health
Annex Building. Exact map of location is attached. The cable carrying the signal from
the dish to the television monitor will be installed underground from the dish, through a
pre-installed sleeve under the walkway that connects the North Office Building parking
lot with the main Courthouse parking lot; continuing underground around the northwest
wing of the North Office Building; at the eastern side of this wing the cable will be
secured to the building and will proceed around the outside edge of the building to the
center wing and the north end of the Instructional Room, center wing.
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Wayne . Nierman, county Extension Director Date
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Richard C. Johnston, Manager, FM&O Date
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'October 27, 1994
FISCAL NOTE (Misc. #94299)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: SATELLITE DOWNLINK DISH
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed
Miscellaneous Resolution #9 429and finds:
1) The Michigan State University Extension wishes to install and lease a
satellite downlink dish to the County of Oakland, in accordance with the
Satellite Downlink Agreement as attached.
2) It is requested that the Board authorizes the installation of the satellite
downlink dish at a cost to the Michigan State University Extension.
3) It is further requested that the County will lease the satellite downlink
dish for seven (7) years and pay the sum of $1.00 as a consideration for
the lease.
4) The cost of $1.00 is available within the Cooperative Extension
Division's 1994 Adopted Budget.
FINANCE COMMITTEE
Resolution 494299 October 27, 1994
Moved by Obrecht supported by Kramer the resolution be adopted.
AYES: McPherson, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Kramer, Law, McCulloch. 24)
NAYS: None. (0)
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 October 27, 1994 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 27th day of October 1994. ,
Lynn47 Allen, County Clerk