HomeMy WebLinkAboutResolutions - 2021.03.25 - 34256MISCELLANEOUS RESOLUTION #21097 March 25, 2021
BY: Commissioner Kristen Nelson, Chairperson, Legislative Affairs and Government Operations
IN RE: CENTRAL SERVICES/PARKS AND RECREATION COMMISSION — APPROVAL OF FLEET
EXPANSION OF ONE (1) VEHICLE FOR PARK OPERATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through
Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and
superseded by Miscellaneous Resolution #19004 requiring additional vehicles to be approved by the Board
of Commissioners; and
WHEREAS the Oakland County Parks and Recreation Commission requires a pick-up truck for operation
of Holly Oaks Off -Road Vehicle Park; and
WHEREAS General Motors Corporation has offered a zero dollar ($0) 2-year lease of a General Motors
truck for use at the Holly Oaks Off -Road Vehicle Park; and
WHEREAS the Oakland County Parks and Recreation Commission will recognize the lease with the
General Motors Corporation with signage at Holly Oaks ORV Park, removable decals on the leased vehicle,
and social media promotion, as well as providing the General Motors Corporation access to the park for
research and design, testing, demonstrations, etc. as outlined in the lease agreement; and
WHEREAS the addition of the leased vehicle requires an addition of one (1) department leased vehicle, a
pick-up truck, to the County Fleet.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the expansion of the County Fleet by one (1) pick-up truck through a 2-year Lease Agreement with General
Motors.
BE IT FURTHER RESOLVED a budget amendment is not required as the operating costs will be covered
by the Parks and Recreation Fund (#50800) existing budget.
Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the
adoption of the foregoing resolution.
Y,A;XA Nju4
Commissioner Kristen Nelson, District #5
Chairperson, Legislative Affairs and
Government Operations Committee
LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PROMOTER Loan of Vehicle Terms and Conditions and Vehicle Receipt
[Chevrolet] Motor Division of General Motors LLC ("DIVISION") agrees to loan the following Vehicle(s)
to [] ("PROMOTER") from approximately [] to [], upon the terms set forth below:
MAKE:
MODEL:
V1N:
PROMOTER's ADDRESS: 1200 N. Telegraph Road, Pontiac, MI 48340
(Sheet) (City) (State) (Zip Code)
PHONE: 248-249-2801
Terms:
The Vchicle(s) is/are, and shall remain, the properly of DIVISION.
At delivery PROMOTER agrees to conduct an inspection of the Vehicle(s). If there is any damage
to any Vehicle(s), PROMOTER shall immediately so notify DIVISION and ESIS, DIVISION's
insurance claims administrator, in writing, prior to taking delivery of the Vehicle. PROMOTER
hereby waives, on behalf of itself and any party claiming by or through PROMOTER, any claim
that damages to the Vehicle existed prior to delivery to PROMOTER, unless PROMOTER provides
timely notice of those damages as required under this paragraph.
PROMOTER agrees that: (a) the Vehicle(s) will not be utilized illegally, improperly, for hire, as a
public conveyance or in any manner for any political purpose whatsoever; (b) the Vehicle(s) shall
be driven in a safe and prudent manner by insured, licensed drivers, twenty-one (21) years of age
or older who meet the GM Safe Driving Program Driver Conduct Requirements (attached) and who
are officers, directors, employees, agents or subcontractors of PROMOTER or who are driving the
Vehicle(s) while on business related to the activities contemplated under this Agreement; (c)
PROMOTER shall ensure that no-one modifies, disconnects, or otherwise interferes with the
operation of the odometer, emission control equipment, or any other equipment: (d) PROMOTER
acknowledges receipt of and will obtain from each driver of a Vehicle a signed Driver Conduct
Requirements form and shall retain each executed form for three (3) years and provide them to
DIVISION at DIVISION's request; (e) PROMOTER will report ALL incidents/crashes involving
a Vehicle to ESIS (General Motors' insurance claims administrator) at 1-800-888-0154 and to
DIVISION and will follow instructions provided in the glove compartment of the Vehicle: (f)
without limiting or altering any insurance obligations contained in this Agreement, PROMOTER
will cooperate with DIVISION in the defense of any claims or lawsuits related to PROMOTER's
use or possession of any Vehicle; (g) PROMOTER will not make any repairs to a Vehicle
without the explicit prior consent of ESIS; (h) PROMOTER shall be responsible for all fines,
forfeitures and penalties incurred by reason of the use of the Vehicle(s) by PROMOTER.
4. DIVISION MAKES NO WARRANTY OTHER THAN THAT EXPRESSED IN ITS NEW
VEHICLE LIMITED WARRANTY, A PRINTED COPY OF WHICH IS FURNISHED WITH
THE VEHICLE. DIVISION authorizes PROMOTER to obtain, on DIVISION's behalf as owner
of the Vehicle(s), such warranty service as is necessary and provided for under the new vehicle
limited warranty. Ordinary operating expenses such as gas, oil, grease, tire repair and other
incidentals are the responsibility of PROMOTER.
5. Each party to this agreement shall be responsible for any Claims (as defined below) made against
that party by a third party, and for the acts of its employees arising under or related to this
agreement. Each party shall seek its own legal representation and bear the costs associated with
such representation, including judgments and attorney fees, for any Claim that may arise from the
performance of this agreement. "Claims" means any alleged losses, claims, complaints, demands
for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities,
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 incurred by
or asserted against a party, or for which a party 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. In addition
PROMOTER agrees to obtain and maintain, at its own expense, comprehensive automobile liability
insurance (covering all owned, non -owned and hired vehicles) with limits of not less than
$5,000,000 per occurrence combined single limit for personal injury and property damage,
including all statutory coverage for all states of operation. PROMOTER shall maintain appropriate
self-insurance coverage to address physical damage to the Vehicle(s). Prior to receipt of the
Vehicle(s), PROMOTER will provide DIVISION with a certificate of insurance evidencing
General Motors LLC as an additional insured, staling that such insurance is primary in coverage to
any other insurance which may be available to General Motors LLC, and providing at least thirty
(30) days' prior written notice to DIVISION of cancellation, modification, or material change to
the policy.
6. At the end of the term of the loan, or earlier if requested by DIVISION, PROMOTER will return
the Vehicle(s) to the nearest DIVISION office or such other location as designated by DIVISION,
in the same condition as delivered, reasonable wear and tear excepted (based on GM guidelines).
Prior to return of the Vehicle(s), DIVISION, or its insurance claims administrator, shall conduct an
inspection of the Vehicle(s). PROMOTER shall have a representative present at the inspection. If
PROMOTER fails to have arepresentative present at the inspection of the Vehicle(s), PROMOTER
expressly waives any right to contest the results of the inspection. If a Vehicle must be recovered
by DIVISION or requires repairs to restore it to the condition in which it was delivered, then
PROMOTER will pay DIVISION the costs to recover the Vehicle and the costs of any damage
based on a repair estimate by a certified appraisal service or dealer. If, in DIVISION's opinion, a
Vehicle cannot or should not be repaired based upon General Motors LLC's policy for
repairing/scrapping damaged vehicles, then the Vehicle must be returned to DIVISION and the
PROMOTER will pay DIVISION the Vehicle's value, based upon the following formula: The
amount General Motors LLC would have received if the Vehicle had been sold at auction the month
the Vehicle was damaged based on a similar make and model year vehicle with similar mileage, as
determined by GM Remarketing Staff, Fleet and Commercial Operations sale results report, less
(i) the salvage value of the Vehicle(s) as determined by DIVISION based on competitive salvage
bid, or (ii) $4,000 if there are no salvage bids.
Authorized PROMOTER Signature:
Print Name:
Title:
Date:
Recognition/Benefits to be provided by Oakland County Parks and Recreation:
l . 5 Private Rental Days at the park — no more than 3 of these days shall be during the peak season
(June — August). Dates must be reserved in advance and are subject to availability.
2. 10 Open -Park Rental Days days the park is open to the public, GM is able to utilize the park
with vehicles and staff/vendors/dealers/etc. These days shall be limited to a dozen (12) vehicles if
possible (may be adjusted with prior park staff approval). GM will be permitted to use tents,
trailers, etc. as needed at park locations approved by OCPR staff.
3. Recognition signage along the entrance to the park. OCPR staff will work with GM team to
design a sign that meets GM's standards/preferences which will be placed in a highly visible/high
traffic area.
4. Recognition on the track —OCPR will place an Oakland County Parks and/or Holly Oaks ORV
Park logo (removable decal) on the truck. OCPR will also place an approved GM logo/decal on
the truck, and will work with GM on design and placement.
5. Recognition on OCPR social media channels and Web site to promote the use of the truck at
Holly Oaks ORV Park
PURPOSE. / EVENT:
General Motors Safe Driving Program Driver Conduct Requirements
(Location / Date)
i understand the loan of this Vehicle is subject to the following terms, and verify, that 1 am twenty-one (21) years of age or older,
posses a valid U.S. operator's license, and will:
1. Display such license to the vehicle key issuer at each Vehicle exchange, and will comply with all license restrictions.
2. Never drive while impaired by alcohol, drugs, medication, illness, fatigue, or injury; Smoking in the vehicle is prohibited.
3. Ensure the proper use of safety belts and child safety restraints for all occupants.
4. Obey all applicable motor vehicle laws, codes, and regulations, including all local ordinances and/or state laws addressing the
use of hand-held communication devices.
5. Never read or type text messages m emails when driving; Always use hands -free technology if call must be placed or received
while driving.
6. Drive in a defensive manner, anticipating situations where incidents are likely to occur.
7. Refrain, at all times, from using radar/laser detection devices.
8. Plan trips by selecting the safest route, depart early enough to observe posted speed and traffic regulations, and will be
mindful of current and forecasted weather conditions.
9. Report all incidents/crashes involving the Vehicle to ESTS (General Motors' insurance claims administrator) at 1-800-
888-0154 (direction is provided in the glove compartment of the vehicle).
10. Not permit any other person to operate the Vehicle.
11. Acknowledge that GM will utilize OnStar (see Reference Guide) or other additional data recorders or instruments installed on
the Vehicle(s) to monitor and collect information including, but not limited to, vehicle location, performance, speed, mileage
and seat belt usage. For more information on GM's Privacy statements, please see the owner's manual in the glove box or
on the web at http://Nvww.onstar.com/web/portal/privaeystatement.
Furthermore, by signing this receipt and acknowledgment, I verify that 1 have not been convicted within the past 5 years of any of
the following motor vehicle violations:
1. Driving while operator's license is restricted, suspended, revoked, or denied.
2. Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle.
3. Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test.
4. Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to
an officer).
5. Eluding or attempting to elude a law enforcement officer.
6. Traffic violation resulting in death or serious injury.
7. Any other significant violation warranting suspension of license.
Driver's Name: (Please Print)
Driver's Signature:
State of Issuance: Date of Expiration:
(i.e. Mn
GM VEHICLE DRIVER CONDUCT REQUIREMENTS FORM (MARCH2O11)
Resolution #21097 March 25, 2021
Moved by Weipert seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 March 25, 2021,
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 Circuit Court at Pontiac,
Michigan this 251h day of March 2021.
Lisa Brown, Oakland County