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HomeMy WebLinkAboutResolutions - 2004.01.22 - 27497REPORT (M.R. #03364) January 22, 2004 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ESTABLISHMENT OF AN INTERLOCAL JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER HILLS DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE, ROCHESTER HILLS, MI 48307 To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports with the following recommended amendment: Add the word "Hills" after the words "52-3 Rochester" in the title of the resolution. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. 0/(-7/0 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey- Mitchell and Palmer absent. December 11, 2003 MISCELLANEOUS RESOLUTION #03364 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT — ESTABLISHMENT OF AN INTERLOCAL JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE, ROCHESTER HILLS, MI 48307 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies, and Gentlemen: WHEREAS, the County of Oakland and the City of Rochester Hills are engaged in the process of constructing a new 52-3 Rochester District Courthouse and Sheriff substation at 700 and 750 Barclay Circle in the City of Rochester Hills on land owned by the County of Oakland; and WHEREAS, pursuant to Misc. Res. No. 02198 the County of Oakland and the City of Rochester Hills entered into a Construction Administration Agreement and a Sublease Agreement to provide for construction of a Sheriff Substation facility at 750 Barclay Circle, Rochester Hills, MI; and WHEREAS, the Sublease calls for the City of Rochester Hills to make the lease payments to be sufficient to enable the County to meet its principal and interest payments on the bonds as such principal and interest payments become due; and WHEREAS, upon the retirement of the bonds, the City of Rochester Hills will take ownership of the Substation and the associated 2.19 acres of property; and WHEREAS, the County and the City have determined that it is to their mutual benefit to enter into the attached Joint Operating Agreement for the purposes of operating and maintaining the Courthouse and Substation buildings, grounds, parking lots, utilities and all other operational aspects related to the functions and operations of said Courthouse and Substation facilities; and WHEREAS, it is the intent of the parties that the cost of maintaining and servicing the facility be as equitably apportioned as possible both on a yearly basis as well as over the term of the Joint Operating Agreement, with the understanding that a precise division of the costs will be neither practical nor cost effective; and WHEREAS, the terms and conditions of this Joint Operating Agreement shall commence on the date of issuance of a Certificate of Occupancy by the City for either the Courthouse or Substation and shall end on a date five (5) years after such commencement date hereinafter referred to as the "Original Term"; and WHEREAS, this agreement may be renewed by mutual consent of the parties up to three (3) additional five (5) year terms or less, upon terms and conditions mutually agreeable to the parties at the time of renewal. WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Joint Operating Agreement between the City of Rochester Hills and the County of Oakland. WHEREAS, it is the recommendation of the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Joint Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI 48307. Planning & Building Committee Vote: Motion carried on a unanimous roll call vote NOW THEREFORE BE IT RESOLVED that the Oakland County Board Of Commissioners hereby approves and authorizes the attached Joint Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached Joint Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. NNING AND BUILDING COMMITTEE December 11, 2003 Resolution #03364 The Chairperson referred the resolution to the Finance Committee. There were no objections. 1)11/A:f JOINT OPERATING AGREEMENT 52-3 Rochester District Court/Sheriff Substation Barclay Circle, City of Rochester Hills Parcel No. 15-26-377-001 This Joint Operating Agreement (JOA) entered into this lltiday of 2003, between the County of Oakland (County), a Michigan Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 and the City of Rochester Hills (City), a Municipal Corporation, 1000 Rochester Hills, Rochester Hills, Michigan 48309. WHEREAS, the County is the owner of a 9.2 acre parcel located on Barclay Circle in the City of Rochester Hills known as parcel number 15-26-377-001: and, WHEREAS, the County and the City are engaged in the process of constructing a new 52-3 District Court building (Court) and Sheriff Substation building (Substation) on said County owned property: and, WHEREAS, the Court building will be located at 700 Barclay Circle and the Substation building will located at 750 Barclay Circle in the City of Rochester Hills: and, WHEREAS, the County and the City have determined that it is to their mutual benefit to enter into this Joint Operating Agreement (hereinafter JOA) for the purposes of operating and maintaining the Court and Substation buildings, grounds, parking lots, utilities and all other operational aspects related to the functions and operations of said Court and Substation facilities; and WHEREAS, it is the intent of the parties that the cost of maintaining and servicing the facility be as equitably apportioned as possible both on a yearly basis as well as over the term of the JOA, with the understanding that a precise division of the costs will be neither practical nor cost effective; THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS OF JOINTLY OPERATING THE SAID 52-3 DISTRICT COURT AND SHERIFF SUBSTATION BUILDINGS AND GROUNDS, IT IS HEREBY AGREED BY AND BETWEEN THE COUNTY AND ,THE CITY AS FOLLOWS: 1. The term of this JOA shall commence on the date of issuance of a Certificate of Oceupanc by the City for either the Court or Substation and shall end on a date five (5) years a er such commencement date hereinafter referred to as the "Original Term". _04,0-112-15- his agreement may be renewed by mutual consent of the parties up to three (3) \Âdditional five (5) year terms or less, upon terms and conditions mutually agreeable to the parties at the time of renewal. The parties shall jointly review the terms and conditions of the JOA on the second anniversary of the agreement and any five-year renewal, to determine if the costs of maintaining and servicing the site are being equitably divided. If there is a disproportionate burden being placed on one of the parties then the JOA shall be amended to fairly apportion the costs of maintaining and servicing the site both on a yearly basis and over the term of the JOA and any five-year renewal. The parties shall jointly review the terms and conditions of this agreement on the second anniversary of this agreement for the purpose of determining if revisions are warranted. 2. The County shall be responsible for and provide at its expense, maintenance and operational services for the following items at the Court Building: All furnishings, HVAC, electrical, plumbing, and fire suppression systems, communication equipment and insurance. 3. The County shall be responsible for and provide at its expense, maintenance and operational services for the following items at the Court House and Substation buildings: All security systems and related equipment, inclusive of the secured parking area; custodial services, inclusive of window washing, and pest control as needed; and emergency generator(s). 4. The City shall be responsible for and provide at its expense, maintenance and operational services for the following items at the Substation building: All furnishings, HVAC, electrical, plumbing, and fire suppression systems, communication equipment and insurance. 5. The City shall be responsible for and provide at its expense, maintenance and operational services for the following items related to the Court and Substation buildings, grounds and parking lots: Replacement of all interior and exterior light bulbs, including parking lot light bulb replacement; all snow and ice removal on driveways, parking lots, sidewalks, and steps; all grounds and landscaping maintenance and repair, inclusive of shrub replacement; all dumpster trash removal. 6. Utilities. All utilities inclusive of but not limited to gas, water, sewer, electricity and telecommunication lines shall be separately metered and paid for by each party for its respective building. Utilities for the grounds and parking lots shall be metered and paid for pursuant to the outline of grounds and parking lots surrounding each building as contained in Exhibit A, attached hereto and to the Lease Agreement. If separate metering of grounds and parking lots is problematic or impracticable then the costs for these utilities will be apportioned according to the outline contained in Exhibit A, attached hereto and to the Lease Agreement. 7. Liability. All liability to third parties for losses or damages as a result of claims, demands, costs, or judgments arising out of activities to be carried out by County in performance of this agreement shall be the responsibility of the County, and not the responsibility of the City if the liability, loss, or damage is caused by, or arises out of the actions or failure to act on the part of the County, provided that nothing herein shall be 2 construed as a waiver or any governmental immunity that has been provided to the County by statute or court decision. All liability to third parties for losses or damages as a result of claims, demands, costs, or judgments arising out of activities to be carried out by City in performance of this agreement shall be the responsibility of the City, and not the responsibility of the County if the liability, loss, or damage is caused by, or arises out of the actions or failure to act on the part of the City, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the City by statute or court decision. In the event that liability to third parties for losses or damages arises as a result of circumstances where both parties share some responsibility for the loss or damage, then such loss or damage shall be borne by the parties in relation to each party's proportionate responsibility for the loss or damage sustained, provided that nothing herein shall be construed as a waiver by the party's of any governmental immunity that has been provided to them by statute or court decision. 8.Notices. Any notice or other communication required to be given shall be deemed to have been sufficiently delivered, if delivered either personally or by registered or certified mail, postage and charges prepaid to the to the other Party as directed in this paragraph: Michael Hughson Property Manager for Oakland County 1 Public Works Drive Waterford, MI 48328-1907 248-858-5380 John Hines 1000 Rochester Hills Rochester Hills, MI 48309 248- 656-4615 Any notice which is served personally shall be deemed to be given on the date on which the same is actually served, and any notice which is sent by mail shall be deemed given two (2) days after the same is deposited in a regularly maintained receptacle for the deposit of United States mail, addressed as provided in for in this paragraph. Any Party may change its address for purposes of giving Notice by giving the other Party written notice of the address change. 9. Termination. Either party shall have the option to terminate this Agreement upon default by the other party of any of the terms and conditions contained herein, provided that the party seeking termination must give the other Party sixty ( 60) days notice to cure the default. If the defaulting party does not cure the default within sixty ( 60) days, then the aggrieved Party has the option to terminate this Agreement. 3 • Upon termination of this Agreement the Parties shall be responsible for maintaining the building under their control. The grounds and parking lots surrounding each building as outlined in Exhibit A shall be maintained separately by the parties: To the extent that • each Party is required to maintain the grounds and parking lots for the mutual benefit of both Parties, either Party shall have a cause of action against the other for failure to maintain the grounds and parking lots in an appropriate state of repair for common usage by the other Party. 10. Ownership. Ownership of the premises shall be in accordance with the Lease Agreement between the Oakland County Building authority, and the County of Oakland, and the sub-lease between the County of Oakland and the City of Rochester Hills. 11. Ingress/Egress/Easements. The parties shall have the right of ingress and egress over the entire parking lot and sidewalk systems inclusive of the secured parking area located on the property. Permanent reciprocal easements for ingress, egress, parking, access to the secured parking area, and fire lanes will be provided by the parties. Any future easements that may be required over the property shall not be unreasonably withheld by either the City or County. These easements will survive the termination of the JOA. 12. Signage. The County shall be responsible for and provide at its expense all appropriate court and substation signage inclusive of fabrication, installation, repair and replacement, and/or erection. Signage will include way finding signs both inside and outside of the buildings. Signs will be replaced as necessary, but will not be replaced to reflect changes in elected officials, except judges, unless the expense is born by the party whose officials have changed. The cost of changing signs for changes in elected officials, except judges, will not be considered a cost of joint maintenance and servicing of the site. 13. Default. If either party defaults in any of its obligations under this JOA, the other party shall have all remedies available to it under the law. 14. Entire Agreement. This JOA and the sub-lease between the County and the City constitute the entire agreement of the Parties with respect to the Court and Substation. 15. Assignment. The parties shall not assign or in any manner transfer this JOA or any estate or interest therein without the prior written consent of the other party. 16. Governing Law. This JOA shall be interpreted under and governed by the laws of the State of Michigan. 17. Amendments to Agreement. This Joint Operating Agreement may be amended by mutual agreement of the parties. IN WITNESS WHEREOF, the City of Rochester Hills as authorized by its City Council and the County of Oakland, as authorized by its Board of Commissioners, have caused this Joint Operating Agreement to be executed by their respective authorized officers, and their seals to be affixed hereto, all as of the day and date first above written. CITY OF ROCHESTER HILLS COUNTY OF OAKLAND Patricia A. Somerville, Mayor Thomas A. Law, Chairperson City of Rochester Hills Oakland County Board of Commissioners Beverly A. Jasinski, City Clerk STATE OF MICHIGAN ) COUNTY OF OAKLAND) The foregoing instrument was acknowledged before me this day of 2003, by Patricia A. Somerville, Mayor and Beverly A. Jasinski, City Clerk of the CITY OF ROCHESTER HILLS, a Municipal Corporation, on behalf of said City. The foregoing instrument was acknowledged before me this day of 2003, by Thomas A. Law, Chairperson, Oakland County Board of Commissioners, for Oakland County, a Michigan Constitutional and Municipal Corporation, on behalf of said County. Notary Public, Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN ) COUNTY OF OAKLAND) The foregoing instrument was acknowledged before me this day of 2003, by Thomas A. Law, Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. Michael D. Hughson Notary Public, Oakland County, Michigan My Commission Expires: 5/5/2004 NATEMPFILDInumber12002 \2002-0801.1 thru 2002-0899l2002-0839 JOA 52-3 Dist Ct(City of Rochester Hills); OCSD SubstationTinal JOA.doc 5 - 11111:""mank A SHERIFF PARKING It . • • - • • • • N / • :- -- . • - / • 5118STANCAN • PROPERTY LIN • • 111 I kl III IL *VIM • L•tm:o okopy: • Vett e• 1,1•11. .10411.• SellviVitraele Mal 111 41/0111,g.... #111111.11111141111110PiegitP A Ea 4101.1111474 .4:m• 1 Mk:0 Ob. Aka. IONIETEMI vpiAIMACHNIFA'H ••, •1 • v v 111111111111111111 11111111111111111 SITE PLAN 52-3 DISTRICT COURT AND SHERIFF SUBSTATION Resolution #03364 December 11, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (N.H. #03364) January 22, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ESTABLISHMENT OF AN INTERLOCAL JOINT OPERATING AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF ROCHESTER HILLS FOR OPERATION AND MAINTENANCE OF THE NEW 52-3 ROCHESTER HILLS DISTRICT COURTHOUSE AND SHERIFF SUBSTATION, 700 AND 750 BARCLAY CIRCLE, ROCHESTER HILLS, MI 48307 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 Joint Operating Agreement between the County of Oakland and the City of Rochester Hills for the operation and maintenance of the new 52-3 Rochester Hills District Courthouse and Sheriff Substation, including buildings, grounds, parking lots, utilities, and all other operational functions. 2. The Agreement commences on the date of issuance of a Certificate of Occupancy by the City for either the Courthouse or Substation and ends five years thereafter. 3. The Agreement may be renewed by mutual consent for up to three additional five-year terms. 4. Oakland County will be responsible for and provide maintenance and operational services at the Court Building for all furnishings, HVAC, electrical, plumbing, fire suppression systems, communications equipment, and insurance. 5. The County will also be responsible for and provide maintenance and operational services at the Court and Substation buildings for all security systems and related equipment, custodial services, signage, and emergency generators. 6. The Facilities Maintenance & Operations Division estimates the County's annual cost for operation and maintenance of the facility at $609,375. 7. Funding for the County's estimated cost is available in the FY 2004/2005 52-3 Rochester Hills District Cdurt Budget, Building Space Cost Allocation account. 8. No additional funding is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford, Webster and Knollenberg absent. (4~etegeth.d. G. William Caddell, County Clerk Resolution #03364 January 22, 2004 Moved by Palmer supported by Wilson the resolution be adopted. Moved by Palmer supported by McMillin the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Potter the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. 1 REM RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 January 22, 2004 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 22nd day of January, 2004.