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HomeMy WebLinkAboutResolutions - 2021.05.13 - 34425MISCELLANEOUS RESOLUTION #21180 May 13, 2021 BY: Commissioner Gwen Markham, Chairperson, Finance Committee IN RE: INFORMATION TECHNOLOGY — LEASE AGREEMENT WITH THE CITY OF NOVI FOR PUBLIC SAFETY COMMUNICATIONS SYSTEM AT 26300 LEE BEGOLE DRIVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County operates and maintains a public safety communications system for the benefit of its residents on behalf of and for local law enforcement, fire services, emergency medical services, hospitals, homeland security and other public safety services; and WHEREAS the County constructed, operates, and maintains the existing system with funds from the County 9-1-1 charge on devices, as permitted by and defined in the Emergency 9-1-1 Service Enabling Act, Michigan Public Act 32 of 1986, MCL §484.1101 at seq.; and WHEREAS pursuant to MR #92051 and MR #98291, the Oakland County Board of Commissioners approved the execution of agreements with Novi for the construction, operation, and maintenance of a tower at 26300 Lee Begole Drive (formerly Delwal Drive) and that lease agreement has expired; and WHEREAS the Departments of Information Technology and Corporation Counsel have drafted, reviewed, and approved the Lease Agreement to be executed with Novi to provide for continued operation and use of the tower at 26300 Lee Begole Drive. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Lease Agreement for the Public Safety Communications System with the City of Novi BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Board Chairperson to execute all documents associated with and to effectuate the Lease Agreement with the City of Novi. BE IT FURTHER RESOLVED that the lease agreement with the City of Novi associated with the County Public Safety Communications System shall be kept by Radio Communication in the Department of Information Technology. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. Commissioner Gwen Markham, District #9 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. f I r' COUNTY MICHIGAN OAKLANDCOUNTYEXECUTIVEDAVIDCOULTER INFORMATION TECHNOLOGY Michael R. Timm, Director TO: OAKLAND COUNTY BOARD OF COMMISSIONERS FROM: MIKE TIMM, DIRECTOR OF INFORMATION TECHNOLOGY SUBJECT: APPROVAL OF LEASE AGREEMENT WITH THE CITY OF NOVI FOR PUBLIC SAFETY COMMUNICATIONS SYSTEM AT 26300 LEE BEGOLE DRIVE, NOVI, MICHIGAN DATE: APRIL 19, 2021 On March 19, 1992, the County and the City of Novi entered into a "Communications Tower Agreement" allowing the County to construct, operate, and maintain a tower and related facilities upon City -owned property at 26300 Lee BeGole Dr. (formerly Delwal Dr.), Novi, Michigan ('1992 Agreement"). The 1992 Agreement was revoked by two subsequent, separate agreements: (1) an "Easement Agreement and Grant" and (2) a "Lease Agreement" entered into on September 14, 1998 (collectively "1998 Agreements"). The Easement Agreement and Grant was perpetual and permanent and the Parties compiled with its provisions; however, the Easement Agreement and Grant must be updated, because it did not contain descriptions of the property subject to the easements and descriptions of the easements. Further, the Lease Agreement expired, but the County and the City have continued to comply with the terms of the Lease Agreement. Continued compliance, by Novi and the County, with the 1998 Agreements is/was due to the fact the property is used in the operation of the existing County -wide public safety communications system. Pursuant to an Interlocal Agreement between the County and Novi, the Novi Fire Department and the Novi Police Department use the existing County System to provide public safety services to Novi residents. Because the existing County System is near end -of -life, the County is currently constructing and installing a new County System, to be integrated into the Michigan Public Safety Radio Communications System. The new County System requires adding new equipment to the Tower and installing new conduit to house fiber to provide additional connections to the Tower. This location is critical and integral for the operation of the new County System. To ensure the continued safety of County and Novi residents and to ensure a seamless transition from the existing County System to the new County System, Novi and the County need to enter into a new Lease. BUILDING 49W 1 1200 N TELEGRAPH RD DEPT421 I PONTIAC, MI 48341-0421 1 Fax (248) 858-5130 Phone (248) 858-0810 1 www.oakgovxom LEASE AGREEMENT This Lease Agreement ("Lease") entered into this day of . 2021, by the County of Oakland located at 1200 North Telegraph Road, Pontiac, Michigan 49341, acting by and through its Department of Information Technology ("County") and the City of Novi located at 45175 10 Mile Road, Novi, Michigan 48375 ("City"). INTRODUCTION A. The County and the City entered into a `Communications Tower Agreement" on March 19, 1992 allowing the County to construct, operate, and maintain a "radio transmission tower and related facilities" upon the City's Department of Public Works property at 26300 Lee BeGole Drive (formerly Delwal Drive), Novi, Michigan 48375 ("1992 Agreement"). The 1992 Agreement was revoked by two subsequent, separate agreements: "Easement Agreement and Grant" and "Lease Agreement" entered into by the Parties on September 14, 1998 (collectively "1998 Agreements"). B. The Easement Agreement and Grant was perpetual and permanent and the Parties compiled with its provisions; however, the Easement Agreement and Grant must be updated, because it did not contain descriptions of the property subject to the easements and descriptions of the easements. C. The Lease Agreement expired, but the County and the City have continued to compile with the terms of the Lease Agreement. D. Continued compliance by the Parties with the 1998 Agreements is/was due to the fact that the property is used in the operation of the existing County -wide public safety communications system (as defined below as "County System"). Pursuant to an Interlocal Agreement between the Parties, the Novi Fie Department and the Novi Police Department use the existing County System to provide public safety services to Novi residents. E. Because the existing County System is near end -of -life, the County is currently constructing and installing a new County System, to be integrated into the Michigan Public Safety Radio Communications System. F. The new County System requires adding new equipment to the Tower and installing new conduit in the Land to house fiber to provide additional connections to the Tower. G. This Site is critical and integral for the operation of the new County System. H. To ensure the safety of County and City residents and to ensure a seamless transition from the existing County System to the new County System, the Parties desire to enter into a new Lease and terminate the 1999 Agreements. L In consideration of the mutual covenants contained herein, the Parties agree to the following terms and conditions. LEASE AGREEMENT §1. Introduction. The provisions contained in the Introduction are adopted in their entirety and incorporated this Lease ( INAL VERSION) Page 1 of 10 §2. Definitions. 2.1. "Claim(s)" mean 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. 2.2. "Communications Room" means space within the City -owned Storage Building located at 26300 Lee BeGole Drive, Novi, MI 48375 (next to the Tower), which shall be used as a radio communications room to support the operation and maintenance of the County System. The Communications Room is depicted in Exhibit B, which is incorporated into this Lease. 2.3. `County System" means the County -owned public safety communications system used by first responders and other public safety entities, including but not limited to, hospitals and EMS entities, in Oakland County. 2.4. 'Day" means calendar day, unless otherwise specified in this Lease. 2.5. "Land" means the real property in the approximate size of 60 x 55 feet upon which the Tower is located that is set forth and described in Exhibit A and located at 26300 Lee BeGole Drive, Novi, MI 48375. Exhibit A is incorporated into this Lease. 2.6. "Site" shall collectively mean the Land, Tower, and Communications Room. 2.7. "Tower" means the existing 400-foot tower on the Land and the necessary accessory facilities on the Land constructed and maintained by the County pursuant to Exhibits C, D-1, and D-2. Exhibits C, D-1, and D-2 are incorporated into this Lease. For purposes of this Lease, the necessary accessory facilities include, but are not limited to, the fence around the Tower, stand-by electric power generating equipment, all utility service connections and telecommunication service connections for operation of the County System. The Tower and the necessary accessory facilities are County property. §3. Lease of Real Property to Countv. The City leases to the County and the County leases from the City the Land on which to operate and maintain part of the County System. §4. Lease of Communications Room to County. The City leases to the County and County leases from the City the Communications Room. The County shall be responsible for the operation and maintenance of the Communications Room, including electrical wiring for the Communications Room. The Communications Room shall be separately metered for electrical power from the remainder of the City -owned Storage Building. The County shall be responsible for electric utility charges for the Communications Room and the City shall be responsible for electric utility charges for the remainder of the City -owned Storage Building. The City shall be responsible for the maintenance and repair of the City -owned Storage Building, including, but not limited to the paving improvements appurtenant to such building. (FINAL VERSION) Page 2 of 10 §5. Access/Utility Easement. The County has a non-exclusive easement for an access drive and for ingress, egress, conduit/fiber, and utilities over the real property located at 26300 Lee BeGole Drive, Novi, MI 48375, §6. Proper Title. The City warrants that it has legal title to the Site or an assignable or otherwise transferable possessory interest of such nature as to confer upon the County the same full rights of occupancy as if the City had legal title. The City, at its sole expense, shall defend the County against any claim challenging the City's right to confer upon the County the right to occupy the Site with respect to land/title issues; and the City shall, at its sole expense, satisfy anyjudgment against the County arising from such claim. §7. Term. This Lease shall commence on January 1, 2021 and end on December 31, 2037, unless this Lease is terminated earlier as provided in this Lease. The Parties acknowledge that the County's occupancy of the Site from the dates the 1998 Agreements expired until December 31, 2020 shall be deemed a month -to -month tenancy pursuant to the provisions of the 1998 Agreements. §8. Rent. Given the County's use of the Site, the County shall pay the City, the sum of one dollar ($1.00) annually during term of this Lease, as rent for the Site. §9. Revenues Owed by County. The County shall pay the City, within 30 days after the end of each calendar quarter, fifteen percent (15%) of any "Revenues", as defined herein, received by the County during the prior calendar quarter in connection with the "Power. The County's obligation to share any Revenues with the City started on May 1, 1995 and shall continue for as long as the County receives Revenues from the Tower and is allowed to operate and maintain the Communications Room. 9.1. For purposes of this Section, "Revenues" shall be defined as any revenues paid to and received by the County from any "Third -Party County License(s)", as defined herein, in connection with the County's grant of a license or right to any third -party to put equipment on the Tower. Revenues shall not include any related commissions or fees paid to the County or any County agent (e.g., the County's Tower Management Consulting Firm, etc.), such as fees for servicing, modifying, re -engineering, or enhancing any broadcast capability; utility costs or other operational expenses; or any other reason, except for such amounts paid to the County for the right and permission to put equipment on the Tower. 9.2. For purposes of this Section, "Third -Party County License(s)" shall be defined as persons or entities that pay for and are granted a license(s) to put equipment on the Tower for the purposes of engaging in a profit business or activity. "Third -Party County License(s)" shall not include the County or other governmental units that are granted a license(s) to place equipment on the Tower for governmental or quasi -governmental purposes and are not engaged in a for profit business or activity. §10. Revenues Owed by City. The City currently has a radio communications tower located at its Field Services Complex at 26300 Lee BeGole Drive. The City shall be allowed to retain and maintain its radio communication tower and equipment currently attached thereto. This radio communication tower has space for additional co -locations of equipment. The City may choose to market this space to third -parties in the future. The City shall pay the County, within 30 days after the end of each calendar quarter, fifteen percent (15%) of any "Revenues", as defined herein, received by the City during the prior calendar quarter in connection with the radio (FINAL VERSION) Page 3 of 10 communications tower. The City shall insure that any ni d-Parry Licensee(s) on the radio communications tower will not interfere with the frequencies in use by the County or any of the County's agents, licensees, or County Third -Party Licensees. In any dispute involving frequency usage, Public Agency frequencies shall take precedence and priority over Third -Party Licensees frequency usage. 10.1. For purposes of this Section, "Revenues" shall be defined as any revenues paid to and received by the City from any "Third -Party City License(s)", as defined herein, in connection with the grant of a license or right to any third -party to put equipment on the radio communications tower. Revenues shall not include any related commissions or fees paid to the City or any City agent (e.g., the Tower Management Consulting Firm, etc.), such as fees for servicing, modifying, re -engineering, or enhancing any broadcast capability; utility costs or other operational expenses; or any other reason, except for such amounts paid to the City for the right and permission to put equipment on the radio communications tower. 10.2. For purposes of this Section, "Third -Petty City License(s)" shall be defined as persons or entities that pay for and are granted a license(s) to put equipment on the radio communications tower for the purposes of engaging in a profit business or activity. "Third -Party City License(s)" shall not include the City or other governmental units that are granted a license(s) to place equipment on the radio communications tower for governmental or quasi -governmental purposes and are not engaged in a for profit business or activity §11. Use of Site by County. 11.1. The County shall only use the Site for purposes related to the construction, installation, operation, maintenance, and repair of the County System. 11.2. The County's use of the Site will comply with all applicable federal, state, and local laws, regulations, rules, and ordinances. 11.3. The County or its contractors shall be solely responsible for obtaining all permits, licenses, and approvals that are necessary for the operation of the Tower, the necessary accessory facilities, and the Communications Room. 11.4. The County shall, at its sole expense, maintain the Site and all of its improvements, equipment, and other personal property on the Site, in good working order, condition, and repair. The County shall keep the Site free of debris. The County is responsible for all costs associated with the operation, maintenance, and repair of the 'rower and the necessary accessory facilities. 11.5. If space is available and upon the execution of a separate license agreement, the City may license space on the Tower from the County, at not cost, for equipment associated with the City's Communication System, The City's use of the Tower shall not cause interference with the operation of the County's System or third -parties equipment located on Tower prior to the City's use of the Tower. §12. Use of Communications Room by City. Within the Communications Room, the County shall provide the City with seventy-two (72) square feet of floor space, or such other area as is mutually agreed by the Parties, to locate current and future City -owned cormnunication (FINAL VERSION) Page 4 of 10 equipment, as well as provide and pay for all electrical power necessary for the continued operation of such equipment located in the Communications Room. §13. Back-UD Electrical Power. The County shall provide and pay for back-up electrical power generating equipment to enable the City to operate the following during periods when normal electrical service is interrupted: (a) the vehicle and equipment fueling facility; (b) City -owned radio communications equipment located in the Communications Room; (c) the City -Owned Storage Building lighting; and (d) the City -Owned Storage Building automatic doors. The County shall be responsible for the construction, installation, operation, maintenance, and repair of such back-up electrical power generating equipment, provided, that if the City determines at its sole option to heat the City -Owned Storage Building with natural gas, the City shall permit connection to such lines by the County for providing natural gas to the back-up electrical power generating equipment, and the City, at its sole cost, shall supply such natural gas for the operation of such equipment. §14. County Lnnrovements. Modifications and Plans. 14.1. The Parties acknowledge that the County constructed and maintained the Tower on the Land as set forth in Exhibit C. By executing this Lease, the City acknowledges and approves the County's improvements to the Tower and Site as set forth in Exhibits D-1 and D-2. 14.2. In the future, the County may improve or modify the Site, the Tower, and any related support facilities and structures on the Site as approved by the City. Prior to commencing work, the County shall submit plans and specifications for all improvements or modifications to the City for the City's written approval; such approval shall not be unreasonably withheld. The plans and specifications shall become incorporated into this Lease. No improvement, modification, construction, installation, or alteration shall commence until plans for such work have been approved by the City and all necessary approvals, licenses, and/or permits have been properly issued. 14.3. Plans submitted pursuant to this Section shall include: fully dimensioned site plans that are drawn to scale and show, as applicable (i) the proposed location of the Tower antennas, equipment shelter, driveway and parking areas, (ii) the proposed changes in the landscape, (iii) the proposed type and height of fencing, and (iv) any other details the City may request. 14.4. Prior to commencing construction, the County shall also provide the City with the name of the contractor that will be constructing the improvements. 14.5. The Tower and all improvements/modifications made to the Tower shall remain the property of the County. 14.6. The County shall be responsible for obtaining and paying for all governmental approvals, permits, and licenses necessary to construct the Tower and/or any other improvements. 14.7. All improvements or modifications shall be constructed in a workmanlike manner and shall be completed in compliance with all applicable laws, rules, ordinances, and regulations. 14.8. The County shall keep the Site free from any liens arising from any work performed, materials furnished, or obligations incurred by or at the request of the County. if any lien (FINAL VERSION Page 5 of 10 is filed against the Site as a result of acts or omission of the County or the County's employees, agents, or contractors, the County shall discharge the lien in a manner reasonably satisfactory to the City within ninety (90) days after the County receives written notice that the lien has been filed. §15. Assignment and Subletting, 15.1. The County shall not assign this Lease in whole or in part, or sublet all or any part of the Site without the City's written consent. 15.2. The County may lease or otherwise provide space on the Tower to third parties upon the City's written consent. Such consent shall include the following: (1) the lease or agreement for use of such space, (2) the nature, appearance and structural soundness of the equipment to be placed on the Tower, (3) the potential for interference with the use and enjoyment of public and/or private communication systems, and (4) the potential for causing property damage which is objective and identifiably caused by such equipment. Such consent shall be required for each third -party and shall not be unreasonably denied by the City. The City's consent shall be given by the official or department designated by the City Council, it is sole discretion. 15.3. Notwithstanding any assignment or sublease, the County shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease. §16. Fees for Citv. Unless otherwise agreed by the Parties in writing, the City shall not be required to make any expenditure or pay any fee in connection with this Lease or make any improvements to the Site. §17. Storage and Access. The County shall only store materials and/or equipment on or in Site that are necessary to operate the County System. The County shall have 24/7 access to the Site for inspection, operation, maintenance, and repair of the County System and Communication Room, provided such access shall be limited to the time reasonably required for such activities. §18. Utilities. The County shall be responsible for obtaining any utility service to the Site that it desires. The County shall pay all charges, when due, for utilities to the Site during the term of the Lease. §19. Move of Tower/Building by City. If during this Lease (or any renewal thereof), the City sells, devises, or otherwise becomes divested of the Site , then the City shall either: (1) provide the County with a Communications Room of the same size, located on or near the same site where the Tower is currently located, or at or near the site where the Tower is moved (if that should become necessary), at no expense to the County; except for the County's responsibility to remove and re -install the radio communications equipment on the Tower or in the Communications Room; or (2) allow the County to construct a building to house the radio communications equipment either on the site where the current Tower is located, or on the site where the Tower is moved (if that should become necessary). The cost of providing such a structure and tower would be the sole responsibility of the City, and would include the responsibility for providing hookups for all utilities and telecommunication services necessary for the operation of the Conununication Room and Tower. §20. Ouiet Eniovment. The County shall peaceably and quietly enjoy and hold the rights and the privileges granted under this Lease without hindrance or interference by the City. (FINAL VE RSION) Page 6 of 10 §21. Governmental Approvals. This Lease is contingent upon the County obtaining and maintaining all necessary governmental approvals, permits, and/or licenses that the County deems necessary. If such approvals, permits, and/or licenses are not obtained or maintained, then the County may terminate this Lease and proceed pursuant to Section 23. §22, Termination. 22.1. Termination by City. Upon thirty (30) days written notice, the City may terminate this Lease, if the County fails to use the Site or Tower according to use set forth in Section 7. 22.2. Termination by County. Upon ninety (90) days written notice, the County may terminate this Lease, if the County determines that this Lease is no longer necessary for County purposes or for technological reasons. §23. Removal of Tower and Necessary of Accessory Facilities. If the Tower and/or any of the necessary accessory facilities are abandoned, not utilized, or if the Lease is terminated/expires, then the County shall forthwith (within one hundred and eighty (180) days), at its sole expense, dismantle and remove the Tower and necessary accessory facilities and restore the Site to a level grade, so no further evidence of the Tower and/or necessary accessory facilities are visible (landscaping excluded). Within the 180-day period, the City has the option to require that all or part of any of the Tower or necessary accessory facilities remain on the Site, and become the sole and exclusive property of the City. The City must exercise this option within the 180-day period in writing to County. During this Lease, if the County becomes unable to transmit or receive on the Tower, the County and the City shall negotiate whether the Tower and the necessary accessory facilities shall be removed. §24. Condemnation. In the event the entire Site is taken by eminent domain, this Lease shall terminate as of the date title to the Site vests in the condemning authority. In the event a portion of the Site is taken by eminent domain so as to materially hinder effective use of the Site by the County, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other Party. in the event of any taking under the power of eminent domain, the County shall not be entitled to any portion of the reward paid for the taking and the City shall receive full amount of such award. The County shall have the right to claim and recover from the condemning authority, but not from the City, such compensation as may be separately awarded or recoverable by the County on account of any and all damage to the County and any costs or expenses incurred by the County in moving/removing its equipment, personal property, and leasehold improvements. §25. Damage or Destruction of Tower. 25.1. If the Tower or any portion of the Tower is destroyed or damaged so as to materially hinder effective use of the Tower, the County may elect to terminate this Lease upon thirty (30) days written notice to the City. In such event, the County and the City shall proceed as set forth in Section 23. This Lease shall terminate upon the County's fulfillment of the obligations set forth in the preceding sentence. The City shall have no obligation to repair any damage to any portion of the Site. 25.2. If the County chooses not to terminate this Lease, it may repair or rebuild the Tower and/or improvements. During the period that the Tower is being repaired or rebuilt, the County, at its own expense and if possible, may locate a temporary Tower to another location on the City's property, as mutually agreed by the Parties. (FINAL VERSION) Page 7 of 10 §26. Liabili . 26.1. Damaae Citv Pronertv. The County shall be responsible for any damage to the Site or to any facilities located on the Site that is caused by the County and its employees because of the County's use under this Lease. If damage occurs, the City shall make the necessary repairs or cause a third party to make the necessary repairs. The County shall reimburse the City the actual costs of repairing the damaged facilities/property. Prior to the County's obligation to pay, the City shall invoice the County for such costs and the County shall pay such costs within thirty (30) days of receiving the invoice. 26.2. Claims. Each Party shall be responsible for any Claims made against that Party by a third party and for the acts or omissions of its employees, volunteers, or agents arising under or related to this Lease. 26.3. Responsibility for Attornev Fees and Costs. 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 Lease. 26.4. No Indemnification. Neither Party shall have any right under this Lease or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with a Claim. 26.5. Reservation of Riahts. The Lease does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the County or the City. §27. Insurance. The County is self -insured with respect to general liability claims. The County has purchased a separate insurance policy for property claims. The County and the City mutually agree to request their property insurance companies endorse their respective policies and issue policy endorsements evidencing the mutual waiving of the right of subrogation against the opposing Party for loss which is covered under the policy of property/fire insurance. §28. Hold Over. Any hold over after the expiration of the Lease with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be for the term and on the conditions herein specified, so far as applicable. §29. Notices. All notices, requests, demands, and other communications required by this Lease shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To the City: City of Novi Attention: Assistant City Manager 45175 Ten Mile Road Novi, MI 48375 City of Novi Attention: Director of Public Works 26300 Lee BeGole Drive Novi, MI 48375 City of Novi Attention: Director of Integrated Services (FINAL VERSION) Page 8 of 10 45175 Ten Mile Road Novi, MI 48375 To the County: CLEMIS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 With a copy to: Oakland County Public Safety & Radio Communications Attention: Supervisor 1200 North Telegraph Road, Building 16 East Pontiac, MI 48341 §30. Relationship of Parties. Nothing contained in this Lease shall be deemed or construed to create a relationship of principal and agent or of partnership orjoint venture between the Parties. Neither this Lease nor any acts of the Parties shall create any relationship between the Parties other than that of the City and the County. §31. Headings. The section headings in this Lease are for reader convenience only and shall not be controlling in the interpretation of this Lease. §32. Invalid Provision, The invalidity or unenforcability of any sections or subsections of this Lease shall not affect the validity or enforceability of the remainder of this Lease or the remainder of any sections or subsections. This Lease shall be construed in all respects as if any invalid or unenforceable sections or subsections were omitted. §33. Governing Law and Venue. This Lease shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law, any action at law, suit in equity, or otherjudicial proceeding for the enforcement of this Lease or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. §34. Amendment. This Lease may not be changed, modified, amended, or altered, except by an agreement in writing, signed by both Parties. §35. Succession. This Lease is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. §36. Force Maieure. Each Party shall be excused from any obligations under this Lease during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control. Reasonable notice shall be given to the affected Party of any such event. §37. Discrimination. Either Party shall not discriminate against an employee, an applicant for employment, or another person or entity with respect to hire, tenure, terms, conditions, privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state, or local law. §38. No lmolied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Lease shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Lease. No waiver of any term, condition, or provision of this Lease, whether by conduct or otherwise, in one or more instances, shall be (FINAL VERSION) Page 9 of 10 deemed or construed as a continuing waiver of any term, condition, or provision of the Lease. No waiver by either Party shall subsequently effect its right to require strict performance of this Lease. §39. Remedies Not Exclusive. The rights, remedies, and benefits provided by this Lease shall be cumulative, and shall not be exclusive of any other rights, remedies, and benefits, or of any other rights, remedies, and benefits allowed by law. §40. Counterparts. Thus Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. §41. Entire Aereement. This Lease constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and/or agreements between the Parties relative to the subject matter addressed herein. By execution of this Lease, the Parties acknowledge that the 1998 Agreements are terminated and are no longer effective. The County represents that there are no understandings, representations, or promises of any kind, oral or written, that have been made by the City to induce the execution of this Lease except those expressly set forth in writing in this Lease. CITY OF NOVI Date: Signed and sworn to before me in the County of Michigan, on the day of 2021. Notary Public, State of Michigan, Oakland County. My Commission Expires: Acting in the County of COUNTY OF OAKLAND David T. Woodward, Chairperson Oakland County Board of Commissioners Date: Signed and swom to before me in the County of Oakland, Michigan, on the day of 2021. Notary Public, State of Michigan, Oakland County. My Commission Expires: Acting in the County of Oakland (FINAL VERSION) Page 10 of 10 EXHIBIT A ExlsT, STORAGE AREA U �EilSr'G!n'Dt'7�LiA4<%Nb'� '�;•�`;�• 2 tr, 7 r' 6 24i �, '. � � Ek '!L� :SPACES % ' • ' ' 10-8. grs:noj P.' ROSErI iIMANNOI;E: ; �t';fjCA.7GH;B'AS(N,',��-s,� I / 5 pdces;: LLL�V" at SURPLL9 PARKRIO C) 1 40' OAK VI fN AN, 74-43 PWOPOSED AS 6RIn.EVAY (Sea 30- ( PROPOSED STORAGE BUILDING ON CONCRETE FOUNDATIO1 .F. - 904,7 60, k Z S W C' cn TRANS, .� - TRANS. P 60' R. SURPLUS PARRDVO vV ; i4 A a y�y o I /k i'Y l n 400' SETalicj Np,,y TO ar< . �tT� (24ot�> l.2 LEV€1- (tP�Ota �L9Cr � G r _ J�—'towE2 � RPttA O Roots, lU 1 H '� IZ�g,r �DaoYt,. � C�A�N asIJK F�NGE r--a W O1j 1.5r �eVe� VEL 1SDook aaoQ y-- S To 2I-EVst. 0 .'1" _ _ ti w _ _.LX.-tf• ACP g •. _ .... ... U.. ................... q. .......... ..... .. y1q _ _ _ __ -•.. ,: �.Y�V .FvC f lit l:. .,Sty:. - _ _ _ _- . on to E4 ,•, u vol- ow clMa ,•. , r r"K, m �l W a Slut PLAN DEPARTMENT of PUBL[c WORKS 9 STORAGE BUILDING AND COMMUNICATIONS TO A'SR Daft &,W2 w 15Gdc t- Y lhb Na Maw NavZ 'TQw�2 �1TE N � Dew _ RAt>lo ROnPA) o J� o F6 _m ` d6� <_ k C7 W �� 15TeL�V�L iZ 2i �baa�, �fZeb1C1 �'avtpztEN� � f r 1- r7nwtinr LitirENGt" �- ats 45r LEVEL. c--� fsrlxv�L . �, Doan o \, 6 � O � j LEVE L N SrnaRWFlY -rc, 2uh L�(J6 400' r V - 4.0 P/N 106T14 � S - 4.5 P/N 100316 S - 5.0 P/N 104771 u - 6.0 SECTION u - 0.0 SECTION u - io.0 SECTION u - 12.0 SECTION U - 14.0 SECTION -q U - 16.0 SECTION u - 16.0 SECTION u - 20.0 SECTION -1 U - 22.0 SECTION U - 24.0 SECTION U - 25.0 SECTION U - 26.0 SECTION U - 30.0 SECTION U - 32.0 SECTION U - 34.0 SECTION u - 36.0 SECTION -+ k U - 39.0 SECTION -+ iK U - 40.0 SECTION � I v A (SEE PAGE 2) 4' - 19 f 4.- 6" B (SEE PAGE 2) f 5' 6' C (SEE PAGE 2) f f 3' E 10, D (SEE PAGE 2) f 12 f 14' f 16' f SB' f 20' f 22' E (SEE PAGE 3) f 24' F (SEE PAGE 3) f 26' f 28' H (SEE PAGE 3) f 30' \� JI, G (SEE PAGE 3) f 32, I f 34' f 36' f 38' 40' f C-C MOTOROLA, INC. ROCHESTER HILLS (NOVI). MICHIGAN ENO. FILE NO. A-1OB916 NAME U - 40'0 TOWER 40T SELF-SUPPORTING PiROD INC. �.. APPHOVEO/SALES OM BY DATE HLYMOUTH, INOIANA 45563 KtJ�S2 CH G LET YD�M1ORf bN IAI� �.� MC ( IAMa' DESCRIPTION OF REVISIONS ) INI DATE I MSG 04/02/92 APPHOVEO/ENG. ARCHIVE E500 I DNG.NO. 1 OF 118479-B PAGE FINISH_ GRADE ! J .1 34— 7-SS/36' LI_ C/L l S/Sfi' T60' ' � I � 40' FOR ANCHOR STEEL IDENTIFICATION AND IN FORMATION, NFORMATION, SEE PASS 6 OF THIS DRAWING. HORIZONTAL TIES - 28 PIECES REQUIRED PER PIER Q :QUALLY SPACED VERTICAL SEDAN - 27 PIECES REGUIRED PER PIER Q EGUALLY SPACED ON A 4'- 6' DIAMETER CIRCLE NOTE; ALL BEGAN REQUIRES MIN. 3' CONCRETE COVERAGE Ll i-H 41' Ti n +4 Fttii Q n7 u44a �4 _4 5' I. 90. o p 4 - 1' -� I(-- ♦11 BEGAN - GS PIECES REQUIRED TOTAL ♦ 5 REBAR - 84 PIECES REQUIRED TOTAL TOWER FOUNDATION THREE PIERS REQUIRED 45.8 CUBIC YARDS CONCRETE REQUIRED EACH PIER FOR INSTALLATION SPECIFICATIONS AND ADDITIONAL INFORMATION, SEE PAGE 6 OF THIS DRAWING. MOTOROLA, INC. ENS, FILE NO ROCHESTER HILLS (NOV1), MICHIGA A-i08916 NAME U - 40.0 x 400• BASE FOUNDATION PiROD INC. /J "A, �""11 C (�� �1 JAPPHOVED/SALES OR BY DATE PLYMOUTH, INDIANA 46563 A KLV Se Ip�An A,l u Sn,( Yat4 tou ll-m I9Ll NBG 04/24/92 CHG LE IDESCRIPTION OF REVISIONS INI DATE IAPFRO,q VVED/ENQ. ARCHIVE 500 DWG.NO. PAGE �A454 1i8479—B 5 OF 6 EACH LEG MUST BE CENTERED IN PIER 6• WITHIN +/- SOY OF PIER DIAMETER ASSEMBLE TEMPLATE WITH 7/8' X 3-1/2' BOLT - SEE DWG 1 1135SO-B so• REFERENCE ANGLE - 3.30 DEGREES TEMPLATE MUST BE UTILIZED TO INsugE CORRECT PLACEMENT A J A +St —TEMPLATE I I I I I I I I I I I I + —C/L \A )P60 At05405 C%L 40' TEMPLATE P/N 103520 IS REQUIRED FOR INSTALLATION, COLOR CODE OF TEMPLATE MUST MATCH COLOR CODE OF ANCHOR BOLTS. TEMPLATE MUST BE SECURELY DOUBLE -NUTTED TO ANCHOR BOLTS DURING CONCRETE INSTALLATION AND MUST BE LEVEL +/- 1/2'. INSTALL TEMPLATE WITH WELDED LIFTING ANGLES FACING UPWARD. INSTALL TEMPLATE WITH SUFFICIENT SPACE BENEATH TO PERMIT FINISHING OF CONCRETE ,AND TO FACILITATE TEMPLATE REMOVAL PRIOR TO TOWER ERECTION. ANCHOR BOLT P/N 114612 - 6 REQUIRED PER LEG DIAMETER - 2 COLOR CODE - ROWN/WHITE INSTALL WITH ALL THREADS + 1/2' EXPOSED + GROUT NUTS AFTER LEVELING TOWER OPQF FOUNDATION PLATE P/N 106405 (1 REQUIRED PER LEG) MUST BE SECURELY DOUBLE NUTTED IN PLACE TOWER ANCHOR STEEL PLACEMENT FOUNDATION NOTES i. OLSIGN REACTIONS: TOTAL WEIGHT - 141.5 KIPS. MAXIMUM COMPRESSION - 834.6 KIPS PER LEG. MOMENT - 27046.9 KIP -FT. MAXIMUM UPLIFT - 727.0 KIPS PER LEG, MAXIMUM SHEAR - 162.8 KIPS TOTAL. -. COIL AS PER REPORT BY TESTING ENGINEERS AND CONSULTANTS, INC. DATED 4/16/S2 FILE 024822. 3. CONCRETE TO BE 3000 PSI B 28 DAYS. REINFORCING BAR TO CONFORM TO ASTM A515 GRACE 50 SPECIFICATIONS, CONCRETE INSTALLATION TO CONFORM TO ACI-SiB BUILDING REQUIREMENTS FOR REINFORCED CONCRETE, ALL CONCRETE TO BE PLACED AGAINST UNDISTURBED EARTH FREE OF WATER AND ALL FOREIGN OBJECTS AND MATERIALS. A MINIMUM OF THREE INCHES OF CONCRETE SHALL COVER ALL REINFORCEMENT. WELDING OF HEEAR NOT PERMITTED. 4. ALL REINFORCING STEEL TO BE FORMED INTO A CAGE PRIOR TO SETTING INTO POSITION IN THE EXCAVATED PIER. 5. CROWN TOP OF FOUNDATION FOR PROPER DRAINAGE. 6. A FULL LENGTH TEMPORARY CASEING RROUIREO TO CONTROL GROUNDWATER FLOW. MOTOROLA, INC. ENS. FILE NO. ROCHESTER HILLS (NOV1). MICHIGA A-109916 NAME 4INS x PiROD INC. ANCHOR INSTALLATION APPROVED/SALES JOR By PATE PLYMOUTH. INDIANA 46563 HOG 04/24/9 CUB JAPPROVED/ENG. ARCHIVE DWG.NO. 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TODD BACON 5 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT — PROJECT. MI-(TBD) 6 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT DATED : 08/13/19 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT 8 OF 15 R-66 PRE -INSTALLATION ASSESSMENT REPORT 9 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT 10 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT IXP 10/31/2021 10 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT ,,OF 1aMpr' 11 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT 120E 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT 13 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT'R''===CRY 14 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT �4' SIDIUR 15 OF 15 R-56 PRE -INSTALLATION ASSESSMENT REPORT nENZ[NEEIt p Nc. fp IwsOebN. F G- Cdllenanyeump z? Q ,Z CW NJA `= y PROJECT INFORMATION. LOCATION MAPS, wIs ortemmc` AXE OXNR IL iS Przoouc6 CAD MJA l) �� I Arvo oRAwlNc woPx T_1 w��N =��J=E,mI.^gin nA oA CM MJA ®- YRAMI® MOTOROLA s 1i. 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CwR+4 °\ AST R6NNiT Ern ) m/6w OR ewRnFen Eau R-w uwPADEs W-0° \\ 2 PMG GIffii GFUNUMT r EVGTNG GROUND PND EMR'G p=SIING Al5 ELSnNG'IP:� qmN® IMRE m.) Yd FOR EC REC PR(PP]D IxNxrw EWA4 I I� F� i'. T� BWN1FD BOO Ow (NeEDx srzx'nal / �r ffA NEC �NOV03D W[ PANEL r �j— / EWPMWT — DC. ,- H6Ae IN IWD RR R36 6 =L 3NUR GRADOWTO NfW E-3 r GNUI — r — —I S MTPJNED pJW.R IFM D L—(M)—J L _J NOG y/ III IXIQEOR GRWNO 84R WmNG EtlWISt FAN Color Legend Equipment Room Grounding Plan �`Q�pNGCOIJI T M. DlOPOS EGIE 1/4' a 1'd DO UIPME PROPOSED OC EWIPMENi ® PROPOSED RF EONIPMENt _y,y PROPOsm CARTE I-ODER C.u. 1PROPOSED GROUNDING . EWIPMENT M BE RELwN EXP 10/31/2021 r� n�ws��n rvwul ouxoixs cur Y= � b l � GF ±A';Ci. LTN�HA's.-3 � F q F O O ¢wwuaoaY=alx SI,il3, CroGrounding Detail Grounding Detail °4a ... EY NO rue NO scvE l��Q�J ] O.�}E-ED PIXMIT cDx CeD MIA =_ /on' O I EQUIPMENT ROOM MI=�c Is [p+ia2-H�iE➢�0�6 IH[ s0U DSTI-30 PRFLMIUNF, cCs CW MJA °� - '0 GROUNDING PLP.N mxp: Fap usF 6, nl[ oMu'A u,0 HS ATIDAIFS �zD PR LMINMY G� M MJA 1 ® PYRAM 1 D MOTOROLA ICk NOVI- E-3 M[ lu,p " w A Ix rt NrM� roc .......... mmv cm [AO MJA - O tr LEGACY t rk Services, LLC SOLUTIONS 263o0 DELWAL DR n�.,x` mw �"""""` t0.c2-fl IEMEDHl6IT I➢E Yde °°•° \g, NOVI, MI48375 Fxaunm u- 1x UNomFmA111noI F F u�m Pvor6Fnrmin goxl� ro AtA GI 0e>E VF VI\IIIN1 lG 1cHRIAPP'01 ��,. w.,,�. ,. r<asoP N nxG EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report Customer Name: Eqp Location Project Manager: Inspector's Name: Site Name: Motorola PasslFail Customer Pass/Fail OAKLAND COUNTY RADIO SYSTEM - OAKLAND CO, MI 26300 Delwal Dr. Novi, MI Melvin Mercado Project #: MI-(tbd) Todd Bacon Audit Date: August 12, 2019 Novi -Legacy (Geo Prime & RF) - Critical Site (Team 1 Site 1 of 15) Pass Wit Fail nia NA 48 Pass 64 Fail 28 SITE/SYSTEM DESCRIPTION This R56 assessment is a preliminary assessment for this site. This assessment addresses the ground readiness of the building and tower, prior to installation of any new Motorola equipment. This assessment denotes the recommended grounding upgrades based on the site visit. After the installation of equipment, a comprehensive R56 audit should be conducted to notate any deficiencies and recommended corrective actions, which will address items including but not limited to, proper 'single point' grounding, surge suppression on the electrical circuits, coaxial cables, telephone and low voltage data circuits, separate electrical circuits and proper cable separation. Additional deficiencies may be noted in the final audit after completion of site installation. Please note that some or all of the items (or variations of the items) listed in this report, may be observed at some or all of the sites, and should be addressed similarly. Commdex Consulting, Inc. Page 1 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report SPECIFIC DEFICIENCIES/REASONS 2. BUILDING DESIGN AND INSTALLATION 2.a Th `cetling Height Arts hot meet requirements for,equipment Installation; M,iitlmum aeceptableieeiimg height for'aommunications sites utilizing the standard ?, #t raCii are rebornmended to be 9 ft.: Reference R56, Par gra 16, 5 "1 216 Fi6A shall_ b6 °sealed .to ,minimize"- the;. generation of airborne partioulates .Th�s'is extremely important fora long equipment service life, Referehoe:R'56, Parag raph 3.6.2,'. Commdex Consulting, Inc. Page 2 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 2.f Proper fire suppression is not installed. All installations shall have a minimum of -two correctly installed portable fire extinguishers on the premises before equipment is installed. At a minimum, the following size and classification of portable extinguishers are required, a 20 lb., Class ABC, dry chemical extinguisher (for general fire fighting) and a 7 - 10 lb., Class BC, Carbon Dioxide (CO2) extinguisher (for equipment fire fighting) or FE-36TM 10 lb. In addition, it does not appear to have current expiration date, Reference R56, Paragraph 3.12, 3. EXTERNAL GROUNDING 3.k deterrent wiring,` are, not bonded to ground. The: ferjCs fabric .tsar -edh corner, bonding point shall he 'bonded to the b4lttlipg grArgd rlcg 'The ferloa fabne bend should be :made in at least: e tbibuilding ,'� rout# dawhh1~ fsrte;fabric Tlis dsfrrent wiring, Haar each: cornerenc post, shall bs bonded;to, the nearsst location of the b grand nng;using #;.2; AWG`.cr ooarser; bars; epld ar stranded.,,tinned, cojipsr conductor ;Reft3rence'R56 Paragreph.4,10 2.1.; Commdex Consulting, Inc. Page 3 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 31 nned clamps or . lugs -and R56, Paragraph 4.10.2.1:' 3.m f34t8 su11 pport posfsare not bonded to ground `AII gate`:posts (on both sides of the gate) shall be handed to #h . neare§t locatioh`of the building, ground ring` using #''2 AWOa or;coarser :bare; .soild or stranded, tinned,. clipper odnductors:_ Deference.. Paragraph 4.10.2.1; Commdex Consulting, Inc. Page 4 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 3.o.01 Metallic items located within 6 ft. of the grounding electrode system or within 6 ft. of grounded objects, are not properly bonded to the grounding electrode system as applicable. The metallic entry port is not bonded to earth ground! The entry port needs to be bonded to the external grounding electrode system, with a non -jacketed AWG #2 or larger, tinned copper, grounding conductor. Reference R56, Paragraph 4.10.2. 3.o.06 The vents are not bonded to ground. Metallic items located within 6 ft. of the grounding electrode system or within 6 ft, of grounded objects, are not properly bonded to the grounding electrode system as applicable. Reference R56, Paragraph 4,10.2. Commdex Consulting, Inc. Page 5 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report m 3.q App�aysdYnethads hags rigt'besrw asecl far contluctor connectlon-_and_ terirl�natian - llalhari using ,a 2-ho1e- IUg, `bath _holffs-must- tie populated. R���renc� R�6F p'at`ag�akh 4:8. Commdex Consulting, Inc Page 6 of 15 EXHIBIT 0-2 PRE -INSTALLATION ASSESSMENT Report 3.r Bonding surfaces for lugs and clamps are not free of paint andcorrosion and a conductive anti -oxidant compound has not been applied. Paint, enamel, lacquer and other nonconductive coatings shall be removed from threads 'and `surface areas where connections are made to ensure good electrical continuity. Reference R56, Paragraphs 4.7.4, 4.8.1, & 4.8.6. 3.0 Where exposed- to physical, secured: using Faporopriate.1 ors exp6sedr to, damage shall aondu,itshouid extend 30'cm, iw grade Tp'otection may be conduit,, ,Reference: R56, Commdex Consulting, Inc. Page 7 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 3.w 3.y Braided straps shall not be used because they corrode too quickly and can be a point for RIF interference. Reference R56, Paragraph 4.6.1 & 4.10.2.1.4. Commdex Consulting, Inc Page 8 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 4. INTERNAL GROUNDING 4.c The conductors andconnections to the PBB do not follow approved connection methods. No more than one clamp, fitting, or lug may be attached by the same- bolt or bolts. The equipment bonding conductors that attach to the PBB need to be approved connectors (i.e., using listed high compression, irreversible connectors such as two -hole connectors). Reference R56, Paragraph 5.8.1 & 5.8.9.1. 4.h Non -ancillary equipment has been bonded to the IPBB. The ground bus extension that bonds the RBB (Rack Bond, Bus) needs to be removed from the IPBB (Internal Perimeter Bonding Bus), and bonded to the PBB (or SBB) of the shelter, using approved methods. Reference R_ 56, Paragraph 3,10.5 & 5.7.4. a Commdex Consulting, Inc. Page 9 of 15 EXHIBIT 0-2 PRE -INSTALLATION ASSESSMENT Report 4.j.1 The electrical piping system is not properly bonded. Set screw coupling is used in. some places. All set -screw type connectors and couplings shall be bridged with a bonding jumper. The newly installed electrical conduit did not appear to be bonded, as required. Reference R56, Paragraphs 5.8.1, 5.9.1.8, & 5.9.1.9. 4J.02 The steel roof trusses are not properly bonded. Reference R56, Paragraph 5.9.1.9. Commdex Consulting, Inc Page 10 of 15 EXHIBIT 0-2 PRE -INSTALLATION ASSESSMENT Report 4Jj 06 The exposed metallic building materials are not properly bonded. The entry doorframe and door need to be properly bonded to the IPBB. The top portion of the doorframeshouldbe bonded back to ground with a jacketed AWG #6 or larger, copper grounding conductor. The door should also be bonded to the doorframe with a jacketed AWG #6 or larger, flexible welding conductor. Reference R56, Paragraph 5.9.1.9. 4.o Cable runways are not bonded to the PBB or SBB as required. A cable tray system shall be effectively bonded back to the PBB with a grounding conductor no smaller than #6 AWG. Reference R56, Paragraph 3.10.5 & 5.9.1.7. Commdex Consulting, Inc Page 11 of 15 EXHIBIT 0-2 PRE -INSTALLATION ASSESSMENT Report 4.q The ground bus conductor for the equipment cabinet is not properly sized as required, All communication bonding backbone conductors shall be # 2 AWG or coarser, solid or stranded copper conductor. The grounding_ electrode conductor -shall bond to the grounding electrode system, by e #2 AWG or coarser bonding conductor.,:Reference R56, Paragraphs 5,6,6.2. 4.v Commdex Consulting, Inc. Page 12 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 5. POWER SOURCES 5.c Outlet boxes are not permanently marked to identify their assigned circuit breakers and panels. All communications equipment receptacles shall have the electrical 'box or cover plate permanently marked with the service panel and appropriate circuit identification. This identification shall be readily visible without requiring removal of the plug. Reference R56, Paragraph 6.2.7. 6. TRANSIENT VOLTAGE SURGE SUPPRESSION 6.a A Type 1 SAD/MOV surge protection device (SPD) is not installed as required. No surge protection is installed in the shelter for the AC power lines. A Type 1A, SAD/MOV, normal mode Surge Protection Device (SPD) needs to be installed as close_ as possible to the distribution box so that its conductor leads are no greater than 3 feet in length. It also needs to be installed with a circuit breaker or fused disconnect switch in line with the SPD, so it can properly operate and be safely serviced without taking the site's electrical power down. Reference R56, Paragraph 7.5.1. Commdex Consulting, Inc Page 13 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 6.b A Type 2 MOV surge protection device_ (SPD) is not installed as required. Reference R56, Paragraph 7.5.1. 6.i RF transmission lines, including unused spares, do not have coaxial RF type SPDs properly installed as required. The coax entering the entry port panel was too dense to accurately determine whether they y all had RF SPD's or not. Reference R56, Paragraph 7.11, Commdex Consulting, Inc. Page 14 of 15 EXHIBIT D-2 PRE -INSTALLATION ASSESSMENT Report 7. EQUIPMENT INSTALLATION 7.f 7.j Commdex Consulting, Inc. Page 15 of 15 Resolution #21180 May 13, 2021 Moved by Gingell seconded by Nelson the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Weipert, Woodward, Cavell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HER90YAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (i) 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 May 13, 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 13th day of May, 2021. I�y'�'ufi �-C"✓z Lisa Brown, Oakland County