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HomeMy WebLinkAboutResolutions - 2022.10.20 - 37666 AGENDA ITEM: Real Estate Approval of Memorandum of Understanding between Oakland County and Road Commission for Oakland County for Safety Fence 22-349 COMMITTEE MEETING: Board of Commissioners DATE: Thursday, October 20, 2022 6:04 PM - Click to View Agenda ITEM SUMMARY SHEET DEPARTMENT SPONSORED BY Facilities Management William Miller III INTRODUCTION AND BACKGROUND The Board approved the installation of new safety fence around the perimeter of the Children's Village campus area. Part of the new fence is along the property line with RCOC and requires an install/maintenance agreement and is incorporated in the MOU. POLICY ANALYSIS The request is for the approval of the Memorandum of Understanding (MOU) between Oakland County and the Road Commission for Oakland County (RCOC) regarding the safety fence that was approved by the Board (MR #22242) for installation around the perimeter of Children’s Village buildings and campus area. Part of that new fence is along the property line with RCOC. RCOC is requiring an MOU to codify the Oakland County’s responsibilities and liabilities relating to the new safety fence for installation, maintenance, repair and/or replacement of the fence as long as the fence remains. Corporation Counsel developed and approved the attached MOU. On final approval of the Board the Chairman will execute the lease and related documents. A budget amendment is not required at this time. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Paul Zachos, Property Management Specialist Jason Warner, Manager Facilities Planning & Engineering zachosp@oakgov.com, warnerj@oakgov.com ITEM REVIEW TRACKING William Miller III, Created/Initiated - 10/20/2022 David Woodward, Board of Commissioners Approved - 10/20/2022 Hilarie Chambers, Executive's Office Approved - 10/21/2022 Lisa Brown, Clerk/Register of Deeds Final Approval - 10/26/2022 AGENDA DEADLINE: 10/20/2022 7:20 PM COMMITTEE TRACKING 2022-10-12 Economic Development & Infrastructure - Recommend to Board 2022-10-20 Full Board - Adopted ATTACHMENTS 1. Backgnd MOU with RCOC for CV fence 2. MR Memorandum of Understanding btwn RCOC and OC (jsh comments 09-27-22) 3. 13_MOU_Oakland County-Children's Village Fence_RCOC SIGNED October 20, 2022 RESOLUTION #2022-2119 _ 22-349 Sponsored By: William Miller III Facilities Management - Real Estate Approval of Memorandum of Understanding between Oakland County and Road Commission for Oakland County for Safety Fence Chairperson and Members of the Board: WHEREAS the Department of Facilities Management is installing a permanent safety fence on the County campus around Children’s Village; and WHEREAS part of the fence is along the property line with RCOC; and WHEREAS RCOC requires an agreement for the installation maintenance, repair and/or replacement of the fence; and WHEREAS the Departments of Facilities Management and Corporation Counsel drafted, reviewed, and approved the attached MOU; and WHEREAS the Department of Facilities Management recommends approval and execution of the attached MOU. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached MOU and directs its Chairperson to execute the MOU and all other documents related to the MOU, which may be required. BE IT FURTHER RESOLVED a budget amendment is not required at this time. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III. Date: October 20, 2022 David Woodward, Commissioner Date: October 21, 2022 Hilarie Chambers, Deputy County Executive II Date: October 26, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-10-12 Economic Development & Infrastructure - Recommend to Board 2022-10-20 Full Board - Adopted VOTE TRACKING Motioned by Commissioner Michael Gingell seconded by Commissioner Kristen Nelson to adopt the attached Real Estate: Approval of Memorandum of Understanding between Oakland County and Road Commission for Oakland County for Safety Fence. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Backgnd MOU with RCOC for CV fence 2. MR Memorandum of Understanding btwn RCOC and OC (jsh comments 09-27-22) 3. 13_MOU_Oakland County-Children's Village Fence_RCOC SIGNED 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 October 20, 2022, 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 on Thursday, October 20, 2022. Lisa Brown, Oakland County Clerk / Register of Deeds Department of Facilities Management 10/12/2022 Approval of Memorandum of Understanding (MOU) between Oakland County and the Road Commission for Oakland County (RCOC) for fence placement Pursuant to Board of Commissioner's rules and procedures for real property agreements the Department of Facilities Management is seeking Board of Commissioners approval of the attached MOU. The Board approved the installation of a new safety fence around the perimeter of Children’s Village buildings and campus area. Part of that new fence is along the property line with RCOC. RCOC is requiring an MOU to codify the Oakland County’s responsibilities and liabilities relating to the new safety fence. Description of premises County campus property surrounding the Children’s Village buildings and shares a boundary line with RCOC – See Exhibit A Terms and Conditions of MOU Commencement date: Upon construction of the permanent fencing in 2022. Termination date: No termination date. The County will install, maintain, repair, and/or replace the fencing as long as the fencing is removed or no longer exists. Recommendation The Oakland County Department of Facilities Management recommends that the Board of Commissioners approve, accept, and execute the attached MOU between the County of Oakland and Road Commission for Oakland County. MISCELLANEOUS RESOLUTION #22xxx BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN OAKLAND COUNTY AND THE ROAD COMMISSION FOR OAKLAND COUNTY (RCOC) FOR SAFETY FENCE To the Oakland County Board of Commissioners Chairperson and Members of the Board: WHEREAS the Department of Facilities Management is installing a permanent safety fence on the County campus around Children’s Village; and WHEREAS part of the fence is along the property line with RCOC; and WHEREAS RCOC requires an agreement for the installation maintenance, repair and/or replacement of the fence; and WHEREAS the Departments of Facilities Management and Corporation Counsel drafted, reviewed, and approved the attached MOU; and WHEREAS the Department of Facilities Management recommends approval and execution of the attached MOU. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached MOU and directs its Chairperson to execute the MOU and all other documents related to the MOU, which may be required. BE IT FURTHER RESOLVED a budget amendment is not required at this time. Chairperson, on behalf of the Economic Development and Infrastructure Committee, I move the adoption of the foregoing resolution. ____________________________________________ Commissioner William Miller, District #14 Chairperson, Economic Development, and Infrastructure Committee COPY OF RESOLUTION ADOPTED BY THE BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN UNDER DATE OF OCTOBER 6, 2022 WHEREAS, the Road Commission for Oakland County’s (RCOC) Central Operations Department has reviewed the Memorandum of Understanding (MOU) with Oakland County for the installation of permanent fencing around the perimeter of land used by Oakland County Children’s Village, as described in Exhibit A (“Fencing”). WHEREAS, a portion of the Fencing will be located along the property line between Oakland County and RCOC, as shown in Exhibit A. WHEREAS, the parties desire to codify their understandings related to the Fencing in the MOU and agree to the terms and conditions set forth in Section II; and WHEREAS, Oakland County shall install, maintain, repair, and/or replace the Fencing. Oakland County shall be responsible for all costs, work and liabilities associated with the installation, maintenance, repair, and/or replacement of the Fencing; and NOW, THEREFORE, BE IT RESOLVED, that the Board approves the MOU between Oakland County and the Road Commission for Oakland County, for the permanent fencing to be installed around the entire perimeter of the land utilized by Oakland County Children’s Village and by the County of Oakland and authorizes the Managing Director to execute said MOU on behalf of the Board. I hereby certify that the above is a true and correct copy of a resolution adopted by the Board of County Road Commissioners of the County of Oakland, State of Michigan under date of October 6, 2022 Shannon J. Miller, Deputy-Secretary/Clerk of the Board Shannon Miller Digitally signed by Shannon Miller Date: 2022.10.06 10:26:53 -04'00' Page 1 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN OAKLAND COUNTY AND THE ROAD COMMISSION FOR OAKLAND COUNTY This Memorandum of Understanding (“MOU”) is entered into on October 6, 2022, between Oakland County, 1200 North Telegraph Road, Pontiac, MI 48341 (“the County”) and the Road Commission for Oakland County, 31001 Lasher Road, Beverly Hills, MI 48025 (“RCOC”). I. INTRODUCTION A. The County desires to install permanent fencing around the entire perimeter of the land utilized by Oakland County Children’s Village, which is depicted and described in Exhibit A (“Fencing”). B. The purpose of the Fencing to increase the safety of Children’s Village residents and County residents. C. A portion of the Fencing will be located along the property-line between the County and RCOC, as shown in Exhibit A. D. The Parties desire to codify their understandings related to the Fencing in this MOU and agree to the terms and conditions set forth in Section II. II. MEMORANDUM OF UNDERSTANDING A.The statements contained in the “Introduction” are incorporated into this MOU. B. The County shall install, maintain, repair, and/or replace the Fencing. The County shall be responsible for all costs, work, and liabilities associated with the installation, maintenance, repair, and/or replacement of the Fencing. C. The Fencing shall be installed at the location depicted and described in the attached drawing, which is incorporated herein as Exhibit A. D. The County shall provide written notice to RCOC at least five (5) business days before any work associated with the Fencing occurs. Written notice shall be provided to the Department of Central Operations via email at mgillis@rcoc.org. E. RCOC shall incur no costs or perform any work associated with the installation, maintenance, repair, and/or replacement of the Fencing. RCOC shall incur no liability associated with the installation, maintenance, repair, and/or replacement of the Fencing. Page 2 of 2 F. The County shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this MOU. G. This MOU 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 Parties. Nothing in this MOU shall be construed as a waiver of governmental immunity for either Party. H. This MOU shall be in effect until the Fencing is removed or no longer exists. I. This MOU shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide anyClaim arising under or related to this MOU shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. J. This MOU represents the entire agreement and understanding between the Parties regarding the Fencing. With regard to the Fencing, this MOU supersedes all other oral or written agreements between the Parties. K. The Parties have taken all actions and secured all approvals necessary to authorize and complete this MOU. The persons signing this MOU on behalf of each Party have legal authority to sign this MOU and bind the Parties to the terms and conditions contained herein. Road Commission for Oakland County _______________________________________________ By: Date Road Commission for Oakland County County of Oakland _______________________________________________ By: David T. Woodward Date Chairperson, Oakland County Board of Commissioners Dennis G. Kolar / Managing Director 10/06/2022 PROVIDE AND INSTALL 8 FOOT TALL AMERISTARFENCE. DETAIL ON SHEET C5011OVERALL SITE PLAN KEY NOTES23PROVIDE AND INSTALL CONDUIT FOR ELECTRICALAND COMMUNICATION CABLE/WIRES.COORDINATE WITH OAKLAND COUNTY FACILITIESFOR BUILDING CONNECTIONCONNECT PROPOSED FENCING TO ADJACENTEXISTING FENCE/FENCE POST4PROPERTY LINE5PROPOSED LANDSCAPE6EXISTING FENCE TO REMAIN7PROVIDE AND INSTALL 8 FOOT TALL AND 10FOOT WIDE AMERISTAR DOUBLE GATEARRANGEMENT . DETAIL ON SHEET C5018PROPOSED 22' CLASS 'A' CULVERT WITH 18"DIAMETER STEEL END SECTION PER MDOTSTANDARD PLANS. DETAIL ON SHEET C5029PROPOSED 22' CLASS 'A' CULVERT WITH 12"DIAMETER STEEL END SECTION PER MDOTSTANDARD PLANS. DETAIL ON SHEET C502V:\18833-85 OC 2021 Security Fencing\Design\CAD\Work Sheets\C600 Property Plan - Children's Village.dwgDeveloped For:ISSUE:DATE:Professional Seal:MGDMGDFGMGD24T-03-N R-09-EP 248.585.0144Township of WaterfordOakland CountyMichigan01.27.20221"=80'18833.85Oakland County FacilitiesManagementPlanning & EngineeringOne Public Works Drive - 95 WestPublic Works BuildingWaterford, MI 48328-0409Oakland County Children'sVillage Campus Security Fencing18.030Know what'sR00 80' 160'SCALE: 1" = 80'02019-05-08OWNER REVIEW2019-07-19 FINAL REVIEWC-401SITE PLAN -CHILDREN'S VILLAGE12TYP.4211112021-12-10OWNER REVIEW1126222766162021-01-27FOR CONSTRUCTION&9)*#*5"