HomeMy WebLinkAboutResolutions - 2021.07.22 - 34722MISCELLANEOUS RESOLUTION #21293 July 22, 2021
BY: Commissioner Gwen Markham, Chairperson, Finance Committee
IN RE: INFORMATION TECHNOLOGY — AMENDMENT #2 TO AGREEMENT WITH THE OAKLAND
COUNTY ROAD COMMISSION FOR A TOWER SITE AT THE DAVISBURG DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS Oakland County constructed, operates, and maintains towers for a Public Safety
Communications System on real property owned by third parties, including the Road Commission for
Oakland County; and
WHEREAS pursuant to MR #92020, the Board of Commissioners approved an Agreement permitting the
construction of a Communications Tower at the Road Commission's Davisburg District Property; and
WHEREAS the existing system is nearing the end of its useable life, a replacement system was
competitively bid, evaluated by a team of public safety users and County personnel, and awarded to
Motorola; and
WHEREAS the replacement system will be used by first responders and other users in and around
Oakland County and will be integrated with the Michigan Public Safety Communications System; and
WHEREAS the replacement system design requires additional equipment and facilities at the Davisburg
District Property, installation of which requires an amendment to the existing Agreement; and
WHEREAS the Departments of Information Technology and Corporation Counsel have drafted, reviewed,
and approved the attached Amendment #2 to the existing Agreement.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby approves
Amendment #2 of the Agreement Re: Communications Tower Davisburg District with the Oakland County
Road Commission.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the Chairperson
to execute all documents associated with and to effectuate the Amendment #2.
BE IT FURTHER RESOLVED that all documents 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.
1
Commissioner Gwen Markham, District #9
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried on a roll call vote with Cavell and Long absent.
AMENDMENT NO.2
AGREEMENT RE: COMMUNICATIONS TOWER DAVISBURG DISTRICT
This Amendment No. 2 to the Agreement Re: Communications Tower Davisburg District
("Amendment") is entered into this day of . 2021, by the County of Oakland, a
municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, MI 48341,
acting by and through its Department of Information Technology ("County") and the Board of County
Road Commissioners for the County of Oakland ('Board") located at 31001 LasherRoad, Beverly Hills,
MI. The County and the Board are collectively the "Parties."
INTRODUCTION
A. The Parties entered into the Agreement Re: Communications Tower Davisburg District on
February 13, 1992 and Amendment No. 1 on March 5 1992 (collectively the "Agreement").
B. The Communications Tower and related facilities constructed pursuant the Agreement are part of
the County -owned public safety communications system ("System") and are still used in such
System.
C. The County is installing a new county -wide public safety communications system, expected to be
integrated into the Michigan Public Safety Radio Communications System, which requires adding
new equipment and facilities to the Communications Tower and to the Board's Davisburg District
property ("Property"). The new equipment and facilities are described and depicted in
Attachment A, which is attached and incorporated into this Amendment, and include conduit to
house fiber to connect the Communications Tower.
D. Inconsideration of the mutual covenants contained in this Amendment No. 2, the Patties agree to
amend the Agreement as follows.
AMENDMENT
I . The terms and conditions of the Introduction are adopted in their entirety.
2. The County's proposed improvements to the Communications Tower and the Property are set
forth in Attachment A and include conduit to house fiber to connect the Tower. As to work set
forth in Attachment A, the depth of the bore should be kept at a minimum of four feet below
existing grade and under any current drainage that is in place on the Property.
3. The plans set forth in ATTACHMENT A control the County's activities at the Property and the
Communications Tower and supersede any inconsistencies with the original EXHIBITS A and B
to the Agreement, but otherwise supplement the original EXHIBITS A and B to the Agreement.
4. The County will at its sole expense and liability add the new and additional equipment and
facilities to the Communications Tower and the Property as set forth in A17FACIA ENT A to this
Amendment.
Pagel of 2
5. Any and all other terms and conditions set forth in the Agreement shall remain in full force and
effect and shall not be modified, diminished, or otherwise changed or altered by this Amendment,
except as otherwise expressly provided herein.
BOARD OF ROAD COMMISSIONERS FOR
THE COUNTY OF OAKLAND
[INSERT NAME]
Its:
The foregoing instrument was acknowledged before me on this day of , 2021, by
, Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in Oakland County, Michigan
COUNTY OF OAKLAND
By:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
The foregoing instrument was acknowledged before me on this _ day of , 2021, by
, Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in Oakland County, Michigan
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LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED
IN THE SOUTH 1/2 OF SECTION 3, TOWN 4 NORTH, RANGE 8 EAST,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
Part of the Southeast 1/4 and part of the Southwest 114 of Section 3, Town 4 North,
Range 8 East, Springfield Township, Oakland County, Michigan, described as:
The South 600 feet of part of the Southeast 1/4 of the Southwest 1/4 of said Section 3
that lies east of a line Beginning at a point 957 feet East of the Southwest corner of the
Southeast 1/4 of said Southwest 1/4 of said Section 3; thence North 30°00'00" West to
the North line of the Southeast 1/4 of the Southwest 1/4 of said Section 3; Also the
South 600 feel of that part of the Southeast 1/4 of said Section 3 that lies southwesterly
of US-10 Highway.
CLIENT: Pyramid Network Services DATE: 05-26-21
JOB NO.: 16188-20035 SHEET 1 OF 3
SCALE: lin.= 600 ft.
SECTION: 3 TWN: 04N RANGE: OBE
SPRINGFIELD TOWNSHIP BOOK: N/A
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SOUTH LINE OF SECTION 3, T4N, R8E,
AND CENTERLINE OF RATTALEE ROAD —
NORTH RIGHT OF WAY
LINE, RATTALEE RD.—
CLIENT: Pyramid Network Services DATE: 05-26-21
JOB No.: 16188-20035 SHEET 2 OF 3
SECTION: 3 TWN: 04N RANGE: 08E SCALE: 1in.- 100 ft.
SPRINGFIELD TOWNSHIP BOOK: N/A
OAKLAND COUNTY, MICHIGAN BY: pk
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T4N, R8E
ATTACHMENT A
LEGAL DESCRIPTION OF A PROPOSED 10 FOOT WIDE EASEMENT LOCATED
IN THE SOUTHEAST 114 OF SECTION 3, TOWN 4 NORTH, RANGE 8 EAST,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
The centerline of said easement Is more particularly described as:
Commencing at the South 1/4 corner of Section 3, Town 4 North, Range 8 East,
Springfield Township, Oakland County, Michigan; thence N 88°03'53" E 264.45 feet
along the South line of said Section 3 and the centerline of Rattalee Road (66 feet
wide); thence N 01 m56'07" W 33.00 feet to the North right-of-way line of Rattalee Road
and the POINT OF BEGINNING.
thence N 48°41'58" W 314.14 feet;
thence S 59°29'37" W 4.74 feet;
thence N 10*11'l1" W to the POINT OF ENDING. The sidelines of
said easement are to be lengthened or shortened to terminate at the
north line of the Oakland County Road Commission parent parcel and the
northerly right-of-way line of Rattalee Road. Being a part of the Southeast
1/4 of Section 3, Town 4 North, Range 8 East, Springfield Township,
Oakland County, Michigan, and containing 6738.0 sq. ft. more or less.
Subject to easements and restrictions of record, if any.
CLIENT: Pyramid Network Services DATE: 05-26-21
d06 NO,: 16188-20096 SHEET 3 OF 3
SECTION: 3 TWN: 04N RANGE; 08E SCALE: 1 in,= N/A ft.
TOWNSHIP
SPRINGFIELD
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Resolution #21293 July 22, 2021
Moved by Gingell seconded by Powell the resolutions on the Consent Agenda be adopted.
AYES: Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn, Long,
Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell,
Charles. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
a, aL'
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 July 22, 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 22nd day of July, 2021.
Lisa Brown, Oakland County