HomeMy WebLinkAboutAgendas/Packets - 2006.10.04 - 40133Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman
J. DavidVanderVeen
Secretary
Hugh D. Crawford
Vincent Gregory
Martin J. Knollenberg
John P. McCulloch
Charles Palmer
lohn Richards
itte Vogt
uaniel J. Stencil
Executive Officer
2800 Watkins Lake Road • Waterford, Michigan 48328-1917
248.858.0906 • Fax 248.858.1683 • TTY 248.858.1684 • 1.888.00PARKS
GwA ND www.oal(gov.com/parl(srec
9966-2006 ` 40 C-Arl JJltiK
September 29, 2006
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE ....................... Parks Administration Office
2800 Watkins Lake Road
Waterford, MI 48328
TIME ........................ Wednesday, October 4, 2006
9:00 a.m.
PURPOSE .................... Regular Meeting
This meeting has been called in accordance with the authorization of Chairman
Pecky D. Lewis, Jr. of the Oakland County Parks and Recreation.
Sincerely,
C
Daniel J. Stencil
Executive Officer
Parks and Recreation
Next Meetings: October 10-14; NRPA Congress; Seattle, Washington
Wednesday, November 1, 2006
D:\$Data\My documents\COMMISWagendaltr. doe
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
s and Recreation Commission
Oakland County Park
Administration Office
2800 Watkins Lake Road
Waterford, MI 4
8328
October 4, 2006
Action Required
1. Call Meeting to Order 9:0�h
Pledge of Allegiance
2. Roll Call
3 Public Comments Approval
September 2006 Approval
4a. Public Hearting M�ti�iMinutes
t s for September62006
4 Commission Meeting Register:
Approval
5. Internal Service and Department Funds Payment Reg
Payment Register: 8/31/2006
biped Statement of Operations FM 11, FY 2006, For Month Ending
6. Com
7. Activity Report for August, 2006.
S. Staff Introduction Informational
9 4-H Fair Association Professional
Services Contract —
Springfield Oaks Activity Informational
10. Financial Assessment Request for Proposal Approval
11. Catalpa Park Feasibility Assessment Report Informational
12.
ADA Transition Plan Update Approval
13. Bid Item: Boom Truck Repairs —Technical Support
14. Executive Officer's Report
15. Old Business
16. New Business
17. Adjourn
Presenter/phone #
P. Lewis / 646.5917
Kohn / 858.4606
F. Trionfi / 858.4607
J. Figa / 859.4620
S. Wells / 858.4634
F. Trionfi / 858,4607
D. Stencil / 858.4944
S. Dorey / 858.7596
J. Figa / 958.4620
D. Stencil / 858.4944
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PAYMENT APPROVAL SUMMARY
FOR MEETING OF:
October 4, 2006
INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER:
August (FM 11, FY 2006)
*PAYMENT REGISTER:
Voucher Report Period, August (FM 11, FY 2006)
TOTAL
$1,344,329.31
1,319,805.53
$2,664,134.84
*BACKUP INFORMATION IS AVAILABLE FOR REVIEW.
5-1
Uri
I
!U
Oakland County Parks an, --creation Commission
Internal Service & Department Funds Payment Register
For the month of August, 2006 (FM 11)
Source
Department/Fund
Purpose
Amount
JE-AET07/06
O.C. Fringe Benefits Fund
Short-term disability for July -Grove. & Tech. Supp.
$1,238.00
JE-AUC06P22
O.C. General Fund
Internet auction expense offset against revenue of $27.00 -various parks
1.08
JE-16950
O.C. Treasurer's Office
Credit card expense for July-Wh. Lk., Glen Oaks, Spring., Add., R.O.W. Park, W.O.W. Park &
4,884.23
Mob. Rec.
PRTAUG06
O.C. Printing, Mailing & Copier Fund
Printing charges for Aug.-Admin., Rec. Admin., Add., Grove., Spring., R.O.W. Park, W.O.W.
1,133.95
Park, Mob. Rec., BMX &Lon
MRLRSUG06
O.C. Printing, Mailing & Copier Fund
Mailing charges for Aug.-Admin.
778.38
JE-15942
O.C. Building & Liability Insurance Fund
Credit for incorrect yearly owned vehicle insurance charges-Admin.
588.20
JE-16014
O.C. Motor Pool Fund
Credit for incorrect monthly vehicle charges-Admin.
1,920.00
VOYAGER10
O.C. Motor Pool Fund
Gas chargers for Aug.-Admin.
6.74
MRJRN11
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Aug.-Admin., Rec. Admin., Tech. Supp.,
43,287.09
Add., Grove., Orion, Ind- ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
MRJRN11-B
O.C. Motor Pool Fund
Car/Truck lease $.04 extra gasoline charge for Aug.-Admin., Rec. Admin, Tech. Su
1,809.08
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
JE-16270
O.C. Motor Pool Fund
Car wash charges for A r., May, Jun. & Jul.-Admin., Tech. Supp., Add., Grove. & Water.
95.00
JE-16702
O.C. Motor Pool Fund
Repair charges -Add.
785.24
CAPC016932, 16933
O.C. Facilities & Operation Fund
Maintenance repairs for Aug.-Wh. Lk., Glen Oaks, SAC & Water.
1,816.85
16936 &16938
JE-17012
O.C. Information Technology Fund
Radio charges for Aug.-Admin.
83.90
JE-16621
O.C. Telephone Communications Fund
Telephone charges for Aug.-Admin., Rec. Admin, Tech. Supp, Add., Grove., Inde ., Wh. Lk.,
19,649.21
Glen Oaks, Spring., Red Oaks., R.O.W. Park, SAC, Water., W.O.W. Park, Nat. Cntr., Lyon &
Lyon G.C.
CAPC016940 &
O.C. General Fund
Security charges for art -time staff 7/22 thru 8/4 & 8/5 thru 8/18-Add.,Grove., Orion, Inde .,
58,479.83
16943
Wh. Lk., Red Oaks, Spring., R.O.W. Park, SAC., W.O.W. Park, BMX, Lyon &Lon G.C.
JE-16997
O.C. General Fund
Security charges for full-time staff for Aug. -Add., Grove., Inde ., Wh. Lk., Red Oaks, Spring.,
22,952.00
R.O.W. Park, Water., W.O.W. Park, BMX, Lyon &Lon G.C.
JE-16851
O.C. Drain Commission Fund
Water & sewer charges for Aug. -Add. & Sept. -Lyon G.C.
2,028.31
PAY0016016 & 16024
O.C. Payroll Fund
Payroll charges for pay period ending 8/4/06-All Parks
483,030.88
PAY0016904
O.C. Payroll Fund
Payroll charges for pay period ending 8/18/06-All Parks
462,229.51
PAY0016016 & 16024
O.C. Fringe Benefits Fund
Fringe benefit charges for pay period ending 8/4/06-All Parks
122,353.88
PAY0016904
O.C. Fringe Benefits Fund
Fringe benefit charges for pay period ending 8/18/06-All Parks
120,194.35
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$1,344,329.31
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 11, FY 2006
(FOR MONTH ENDING 8/31/06)
YEAR TO
2006
(OVER),
% OF
REVENUE
DATE
BUDGET
UNDER BUDGET
BUDGET
ADMINISTRATION: Millage Tax
$14,138,384.98
$13,687,000.00
($451,384.98)
103.3%
Other
811,905.10
155,300.00
(656,605.10)
522.8%
GLEN OAKS GOLF COURSE
1,017,404.90
1,318,400.00
300,995.10
77.2%
LYON OAKS GOLF COURSE
1,009,375.52
1,579,900.00
570,524.48
63.9%
RED OAKS GOLF COURSE
357,224.20
404,400.00
47,175.80
88.3%
SPRINGFIELD OAKS GOLF COURSE
718,756.55
964,169.00
245,412.45
74.5%
WHITE LAKE OAKS GOLF COURSE
721,248.45
934,693.00
213,444.55
77.2%
INDEPENDENCE OAKS NATURE CENTER
36,951.45
34,300.00
(2,651.45)
107.7%
ADDISON OAKS
337,794.68
449,388.00
111,593.32
75.2%
ADDISON OAKS CONFERENCE CENTER
70,088.83
125,000.00
54,911.17
56.1%
GROVELAND OAKS
598,952.26
734,000.00
135,047.74
81.6%
INDEPENDENCE OAKS
255,007.47
288,900.00
33,892.53
88.3%
LYON OAKS
75,340.32
43,550.00
(31,790.32)
173.0%
ORION OAKS
74,060.00
63,800.00
(10,260.00)
116.1%
ROSE OAKS
1,204.16
1,700.00
495.84
70.8%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
3,615.23
3,000.00
(615.23)
120.5%
WATERFORD OAKS ACTIVITY CENTER/PARK
11,930.09
33,788.00
21,857.91
35.3%
RECREATION ADMINISTRATION
39,116.00
48,480.00
9,364.00
80.7%
MOBILE RECREATION
375,749.59
424,000.00
48,250.41
88.6%
RED OAKS WATERPARK
996,667.18
838,500.00
(158,167.18)
118.9%
WATERFORD OAKS BMX COMPLEX
13,536.75
18,000.00
4,463.25
75.2%
WATERFORD OAKS GAMES COMPLEX
18,737.50
21,200.00
2,462.50
88.4%
WATERFORD OAKS TOBOGGAN COMPLEX
122,814.37
124,000.00
1,185.63
99.0%
WATERFORD OAKS WATERPARK
761,828.59
801,000.00
39,171.41
95.1%
TOTAL REVENUE
$22,567,694. 77
$23,096,468.00
$528,773.83
97.7%
OPERATING EXPENSES
ADMINISTRATION
$3,049,489.34
$3,626,256.00
$576,766.66
84.1%
GLEN OAKS GOLF COURSE
1,145,066.48
1,322,409.00
177,342.52
86.6%
LYON OAKS GOLF COURSE
1,659,153.00
1,919,233.00
260,080.00
86.4%
RED OAKS GOLF COURSE
588,387.55
678,353.00
89,965.45
86.7%
SPRINGFIELD OAKS GOLF COURSE
716,566.13
940,991.00
224,424.87
76.2%
WHITE LAKE OAKS GOLF COURSE
799,558.41
994,055.00
194,496.59
80.4%
INDEPENDENCE OAKS NATURE CENTER
515,892.97
597,467.00
81,574.03
86.3%
ADDISON OAKS
1,360,320.13
1,499,760.00
139,439.87
90.7%
ADDISON OAKS CONFERENCE CENTER
114,235.27
198,799.00
84,563.73
57.5%
GROVELAND OAKS
1,055,472.32
1,353,765.00
298,292.68
78.0%
INDEPENDENCE OAKS
1,041,316.27
1,182,763.00
141,446.73
88.0%
LYON OAKS
368,748.42
433,069.00
64,320.58
85.1%
ORION OAKS
101,113.82
133,623.00
32,509.18
75.7%
ROSE OAKS
22,864.45
31,671.00
8,806.55
72.2%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
263,043.76
352,559.00
89,515.24
74.6%
WATERFORD OAKS ACTIVITY CENTER/PARK
537,837.23
614,880.00
77,042.77
87.5%
RECREATION ADMINISTRATION
568,348.24
717,036.00
148,687.76
79.3%
MOBILE RECREATION
625,913.84
728,255.00
102,341.16
85.9%
RED OAKS WATERPARK
1,269,938.17
1,466,311.00
196,372.83
86.6%
WATERFORD OAKS BMX COMPLEX
50,173.99
46,245.00
(3,928.99)
108.5%
WATERFORD OAKS GAMES COMPLEX
22,725.74
37,148.00
14,422.26
61.2%
WATERFORD OAKS TOBOGGAN COMPLEX
270,069.44
274,501.00
4,431.56
98.4%
WATERFORD OAKS WATERPARK
878,220.66
1,051,447.00
173,226.34
83.5%
TECHNICAL SUPPORT
955,570.08
1,072,267.00
116,696.92
89.1%
CONTINGENCY/INTERNAL SERVICE CHARGES*
150,313.48
600,000.00
449,686.52
N/A
TOTAL OPERATING EXPENSES
$18,130,339.19
$21,872,863.00
$3,742,523.81
82.9%
REVENUE OVER/(UNDER) EXPENSES
$4,437,354.98
$1,223,605.00
($3,213,749.98)
2006
2005
ACTUAL REVENUE TO DATE:
97.7%
95.4%
BUDGET BALANCE:
2.3%
4.6%
ACTUAL EXPENSE TO DATE:
82.9%
80.7%
BUDGET BALANCE:
17.1%
19.3%
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
6--1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
REVENUE AND EXPENSE COMPARISON
FM 11, FY 2006
(FOR MONTH ENDING 8/31106)
PARK
ADMIN STRAION
GLEN OAKS GOLF COURSE
LYON OAKS GOLF COURSE
RED OAKS GOLF COURSE
SPRINGFIELD OAKS GOLF COURSE
WHITE LAKE OAKS GOLF COURSE
INDEPENDENCE OAKS NATURE CENTER
ADDISON OAKS
ADDISON OAKS CONFERENCE CENTER
GROVELAND OAKS
INDEPENDENCE OAKS
LYON OAKS
ORION OAKS
ROSE OAKS
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
WATERFORD OAKS ACTIVITY CENTER/PARK
RECREATION ADMINISTRATION
MOBILE RECREATION
RED OAKS WATERPARK
WATERFORD OAKS BMX COMPLEX
WATERFORD OAKS GAMES COMPLEX
WATERFORD OAKS TOBOGGAN COMPLEX
WATERFORD OAKS WATERPARK
TECHNICAL SUPPORT
CONTINGENCY/INTERNAL SERVICE CHARGES*
TOTAL
YEAR TO DATE
REVENUE
14,950,290.08
1,017,404.90
1,009,375.52
357,224.20
718,756.65
721,248.45
36,951.45
337,794.68
70,088.83
598,952.26
255,007.47
75,340.32
74,060.00
1,204.16
3,615.23
11,930.09
39,116.00
375,749.59
996,667.18
13,536.75
18,737.50
122,814.37
761,828.59
0.00
0.00
YEAR TO DATE
EXPENSE
3,049,489.34
1,145,066.48
1,659,153,00
588,387.55
716,566.13
799,558.41
515,892.97
1,360,320.13
114,235.27
1,055,472.32
1,041,316.27
368,748.42
101,113.82
22,864A5
263,043.76
537,837.23
568,348.24
625,913.84
1,269,938.17
50,173.99
22,725.74
270,069.44
878,220.66
955,570.08
150,313,48
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
REVENUE OVER
(UNDER) EXP.
11,900,800.74
(127,661.58)
(649,777,48)
(231,163.35)
2,190.42
(78,309.96)
(478,941.52)
(1,022,525.45)
(44,146.44)
(456,520.06)
(786,308.80)
(293,408.10)
(27,053.82)
(21,660.29)
(259,428.53)
(525,907.14)
(529,232.24)
(250,164.25)
(273,270.99)
(36,637.24)
(3,988.24)
(147,255.07)
(116,392.07)
(955,570.08)
(150,313.48)
6-2
ACTIVITY REPORT 0�AAKLAND
AUGUST, 2006 (FM11, FY2006)
.. PARKS* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) 7PARTICIPANTS (YTD)
In-house events are counted in facility totals. I FM11,FY05
FMII,FY061 FY20051
FY2006
ADDISON OAKS PARK
Campers
13,072
14,392
58,333
47,772
Day Use
9,469
10,198
48,589
36,479
Day Campers
129
272
729
272
*ADDISON OAKS CONFERENCE CENTER
4,096
3,3611
36,3541
33,566
GROVELAND OAKS PARK
Campers
25,656
35,416
84,428
101,038
Day Use
11,197
11,324
42,279
37,904
Day Campers
450
830
2,857
4,719
INDEPENDENCE OAKS PARK
Day Use
36,692
43,766
242,707
249,561
Day Campers
566
290
13,665
7,129
Overnight Youth Group Campers
15
0
664
787
LYON OAKS PARK
Day Use
1 639
1,680
3,326
1 7,172
Dog Park
1,917
5,069
23,068
33,453
ORION OAKS PARK
Day Use
1 2,1521
958
20,168
15,220
Dog Park
4,096
4,816
33,447
34,858
ROSE OAKS PARKS
Day Use
1,680
1,280
6,960
9,175
SPRINGFIELD OAKS ACTIVITY CENTER
Day Use
997
1,219
12,338
14,653
4-H Fair
0
0
90,000
75,000
*Banquet Facilities
5,100
6,036
54,058
46,238
WATERFORD OAKS
Activity Center- non banquet
418
214
7,165
4,521
*Banquet Facilities - Activity Center
585
55
6,998
370
Day Use
9,422
9,600
21,037
32,740
TOTAL CAMPERS
38,728
49,808
142,761
148,810
TOTAL DAY USE
72,248
80,025
397,404
402,904
TOTAL DAY CAMPERS
1,145
1,392
17,251
12,120
TOTAL OVERNIGHT YOUTH GROUP CAMPERS
15
0
664
787
TOTAL DOG PARK
6,013
9,885
56,515
68,311
TOTAL 4-H FAIR
0
0
90,000
75,000
TOTAL ACTIVITY CENTER -NON BANQUET
418
214
1 7,165
4,521
05-06 ACTIVITY REPORT.As, AUG06 7-1 of 4
GOLF COURSES
* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. FM11,FY05
FM11,FY06 FY2005
FY2006
GLEN OAKS
Rounds Played - 9 Holes
8,013
7,202
35,632
32,347
Rounds Played - 18 Holes
1,983
1,939
9,945
9,754
*Banquet Facilities
5,105
4,746
48,838
48,635
**Grill Room (**Not included in totals)
5,811
4,717
23,4101
20,387
LYON OAKS
Rounds Played - 9 Holes
1,741
926
7,352
6,616
Rounds Played - 18 Holes
3,058
2,623
16,395
15,128
Driving range
2,368
2,101
12,246
11,513
*Banquet Facilities
1,723
1,545
14,615
13,232
**Grill Room (**Not included in totals)
5,371
3,116
24,690
20,723
RED OAKS
Rounds Played - 9 Holes
5,490
4,950
25,774
24,518
SPRINGFIELD OAKS
Rounds Played - 9 Holes
5,765
5,435
23,249
23,333
Rounds Played - 18 Holes
2,801
2,618
15,002
15,294
**Grill Room (**Not included in totals)
5,614
5,351
22,427
22,124
WHITE LAKE OAKS
Rounds Played - 9 Holes
4,402
6,274
21,951
29,316
Rounds Played - 18 Holes
546
1,748
7,472
7,854
*Banquet Facilities
0
1,092
963
1,900
**Grill Room (**Not included in totals)
0
4,311
967
10,413
TOTAL ROUNDS PLAYED - 9 HOLES
25,411
24,787
113,958
116,130
TOTAL ROUNDS PLAYED -18 HOLES
8,388
8,928
48,814
1 48,030
TOTAL DRIVING RANGE
2,368
2,1011
12,246
1 11,513
05-06 ACTIVITY REPORT.As, AUG06 2 of 4
RECREATION, FACILITIES AND SPECIAL EVENTS
* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. FM11,FY05
FM11,FY06 FY2005
FY2006
MOBILE RECREATION
Bleachers
10
7
41
31
Bouncers
14,300
15,020
46,765
62,355
Bus
3,015
3,105
22,455
23,400
Climbing Wall/Tower
2,800
4,300
9,000
11,300
Dunk Tank
8,621
5,5921
19,745
16,776
Inline Skate Mobile/Hockey Mobile
2,672
1,503
7,421
6,012
Puppet
2,040
1,700
11,050
9,010
Show Mobile
41
52
162
185
Adventure Sport Mobile
2,748
400
6,870
1,520
Tents
51
53
181
198
Camps
214
156
900
718
Miscellaneous
0
0
0
0
WATERFORD OAKS BMX
5,226
5,034
9,129
8,456
WATERFORD OAKS COURT GAMES COMPLEX
144
320
1,014
1,040
WATERFORD OAKS FRIDGE
0
0
20,834
18,571
WATERFORD OAKS LOOKOUT LODGE
860
690
4,845
6,872
WATERFORD OAKS WATERPARK
24,915
26,384
81,267
79,589
RED OAKS WATERPARK
31,192
28,122
104,673
93,761
THERAPEUTIC EVENTS
2,228
2,085
6,921
7,984
SENIOR EVENTS
2,023
2,3681
9,776
11,277
TOTAL MOBILE RECREATION VISITS
36,5121
96,8911
124,5901
131,505
TOTAL FACILITIES AND SPECIAL EVENTS
66,588
65,003
238,459
227,550
05-06 ACTIVITY REPORT.As, AUG06 3 of 4
NATURE INTERPRETIVE SERVICES
PARTICIPAN= PARTICIPANTS (YTD)
In-house events are counted in facility totals. FMII,FY051
FMII,FY061 FY2005
FY2006
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
2,891
21840
29,117
30,179
Outreach Visits
180
499
9,369
8,321
"Trail Usage ('"Not included in totals)
8,909
9,375
109,475
89,609
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
204
194
3,398
3,712
Outreach Visits
350
544
2,700
2,144
"*Trail Usage (""Not included in totals)
270
6051
3,510
4,497
TOTAL NATURE CENTERS
3,0951
3,0341
32,515
33,891
TOTAL OUTREACH VISITS
COMBINED•
53( 1,043
PARTICIPANTS (MONTH)
12,0691 10,465
PARTICIPANTS (YTD)
FM11,FY05
FM11,FY06
FY2005
FY2006
DAY USE PARKS
118,567
141,324
711,760
712,453
GOLF COURSES
36,167
35,816
175,018
175,673
RECREATION, FACILITIES AND SPECIAL EVENTS
103,100
161,894
363,049
359,055
NATURE INTERPRETIVE SERVICES
3,625
4,077
44,584
44,356
BANQUET FACILITIES
16,609
16,835
161,826
143,941
GRAND TOTALS
278,068
359,946
1,456,237
1,435,478
Therapeutic/Senior Event Breakdown
TR: Golf-15; Tennis-9;B-ball jr-20; Beaumont-65; Clawson TR-48; TGIF-40; MORC-Red Oaks-249; MORC-Wt
WheelChair Daze-1400
SR: Softball-2305; Breakfast at Waterford Oaks-63;
REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals.
05-06 ACTIVITY REPORT.As, AUG06 4 of 4
ITEM #8
STAFF INTRODUCTION
Melissa Prowse is Design and Development's new full-time Trails Network
Coordinator. Melissa comes to Oakland County Parks from the Community
Foundation for Southeast Michigan (The Greenways Initiative). There she
coordinated a variety of activities from assisting and disseminating grant
information, reviewing of grants, and planning and implementing grant
workshops. She also is the process of completing her masters degree in
planning.
Melissa's primary responsibilities will be providing leadership and direction
to the Oakland County Trails Advisory Council, working with various trail
organizations, working on the trail master plan, developing a grants and funding
package, trail events, and assisting Design and Development in grants.
8-1
ITEM #9
4-H ASSOCIATION PROFESSIONAL SERVICES CONTRACT
SPRINGFIELD OAKS ACTIVITY CENTER
Attached is the draft contract between the Oakland County Parks and
Recreation Commission and the Oakland County 4-H Fair Association. This
professional services contract will be renewable each year up to five years.
Dave Coleman, President of the Oakland County 4-H Fair Association,
and LC Scramlin, General Manager, have reviewed the contract; however, it has
not yet been reviewed by the complete Fair Board.
The contract is also in the process of being reviewed by Oakland County
Risk Management.
Staff is providing this as informational only and will entertain any
questions. Staff would like to have this contract approved at the November 1,
2006 Commission meeting.
9-1
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COAKL OAKLAND COUNTY
COUNTY M I C H I G AN PURCHASING DIVISION
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
PROFESSIONAL SERVICE CONTRACT NUMBER:
Contract Expiration Date: November 4, 2007
This "Contract" is made between the OAKLAND COUNTY PARKS AND RECREATION
COMMISSION (COMMISSION) 2800 Watkins Lake Road, Waterford, Michigan 48328, and
the "Contractor" as further described in the following Table. In this Contract, either the
Commission or the Contractor may also be referred to individually as a "Parry" or jointly as the
"Parties".
OAKLAND COUNTY PARKS AND OAKLAND COUNTY 4-H FAIR
RECREATION COMMISSION ASSOCIATION, a non-profit organization.
2800 Watkins Lake Road 12451 Andersonville Road
Waterford, MI 48328 Davisburg, Michigan 48350
(herein, the "Commission") (herein the "Contractor")
This Contract is organized and divided into the following "Section" or "Sections" for the
convenience of the Parties.
SECTION 1. CONTRACT DOCUMENTS AND DEFINITIONS
SECTION 2. CONTRACT EFFECTIVE DATE RENEWAL AND TERMINATION
SECTION 3. PREMISES
SECTION 4. SCOPE OF CONTRACTOR'S SERVICES AND FINANCIAL OBLIGATIONS
TO COMMISSION
SECTION 5. COMMISSION PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES
SECTION 6. COMMISSION OBLIGATIONS
SECTION 7. MUTUAL OBLIGATIONS
SECTION 8. CONTRACTOR ASSURANCES AND WARRANTIES
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
P�Jj 1
§1.
COAKL�I�ID=
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
SECTION 9. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
SECTION 10. GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises, obligations, representations, and assurances in this
Contract, the Parties agree to the following:
CONTRACT DOCUMENTS AND DEFINITIONS
The following words and expressions when printed with the first letter capitalized as shown
herein, whether used in the singular or plural, possessive or non -possessive, and/or either within
or without quotation marks, shall be defined and interpreted as follows:
1.1. "Contractor Employee" means without limitation, any employees, officers, directors,
members, managers, trustees, volunteers, attorneys, and representatives of Contractor,
and also includes any Contractor licensees, concessionaires, contractors, subcontractors,
independent contractors, contractor's suppliers, subsidiaries, joint ventures or partners,
and/or any such persons, successors or predecessors, employees, (whether such persons
act or acted in their personal, representative or official capacities), and/or any and all
persons acting by, through, under, or in concert with any of the above. "Contractor
Employee" shall also include any person who was a Contractor Employee at anytime
during the term of this contract but, for any reason, is no longer employed, appointed, or
elected in that capacity.
1.2. "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgements, deficiencies, liability, 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
imposed on, incurred by, or asserted against the Commission, or for which the
Commission 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 or local ordinance, whether any such
claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
1.3. "County" means the County of Oakland, a Municipal and Constitutional Corporation, its
departments, divisions, authorities, boards, committees, and "County Agent" as defined
below.
1.4. "Commission" means the Oakland County Parks and Recreation Commission, a statutory
body pursuant to MCL 46.351 et seq, its staff, attorneys, and any agents designated by
the Commission.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
'age 2
COAKL
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
1.5. "County Agent" means all elected and appointed officials, directors, board members,
commission members, council members, commissioners, employees, volunteers,
representatives, and/or any such persons' successors (whether such person act or acted in
their personal representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of them. "County Agent" shall also include any person who
was a "County Agent" anytime during the term of this Contract but, for any reason, is no
longer employed, appointed, or elected and serving as an Agent.
1.6. "Gross Revenue" shall include the gross amount of all revenues of every kind and
description made in, upon, or resulting from the conduct of the business of Contractor
while operating on the Premises, after deducting therefrom the revenues received from
the event known as the 411 Fair.
1.7. "Day" means any calendar day, which shall begin at 12:00: a.m. and end at 11:59:59 p.m.
1.8. "Fiscal Year" starts on the effective date of October 1, 2006 and extends through
September 30, 2007, and each successive Fiscal Year starts on October 1 and extends
through September 30 of the next year, for each year that the Contract is in effect.
1.9. "Calendar Year" starts on the effective date of November 5, 2006 and extends through
November 4, 2007, and each successive Calendar Year starts on November 5th and
extends through November 41h of the next year, for each year that the Contract is in
effect.
1.10. "Premises" means the parcel of land described in Attachment B-l.
1.11. "Contract Documents" This Contract includes and fully incorporates herein all of the
following documents:
1.11.1. Exhibit I: Contractor Insurance Requirements
1.11.2. Exhibit II: Oakland County Certificate of Insurance
1.11.3. Attachments A through J.
§2. CONTRACT EFFECTIVE DATE, RENEWAL AND TERMINATION
2.1. The effective date of this Contract shall be November 5, 2006, and unless otherwise
terminated or canceled as provided below, it shall end at 11:59:59 p.m. on the "Contract
Expiration Date" shown on the first page of this Contract, at which time this Contract
expires without any further act or notice to either Party being required. The Parties are
under no obligation to renew or extend this Contract after Contract Expiration Date.
Notwithstanding the above, under no circumstances shall this Contract be effective and
binding and Contractor will not be entitled to fees or third party payments for any
Contractor services until and unless:
2.1.1. This Contract is signed by a Contractor Employee or Officer of the Contractor,
legally authorized to bind the Contractor.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 3
9-4
COAKLA�1'�
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
2.1.2. Any and all Contractor Certificates of Insurance, and any other conditions
precedent to the Contract have been submitted and accepted by the Commission.
2.1.3. This Contract is signed by an authorized agent of the Oakland County
Purchasing Division, as provided for on the signature page of this Contract, who
shall be the final signatory to this Contract.
2.2. The Commission or the County may terminate and/or cancel this Contract (or any part
thereof) at any time during the term, any renewal, or any extension of this Contract, upon
ninety (90) days written notice to the Contractor (except on a month to month extension),
for any reason, including convenience, without incurring obligation or penalty of any
kind. The effective date for termination or cancellation shall be clearly stated in the
written notice.
2.3. The Commission's sole obligation in the event of termination is to allow Contractor to
keep any fees or third party payments earned by the Contractor for services actually
rendered prior to the effective date of termination. Under no circumstances shall the
Commission be liable for any future loss of income, profits, any consequential damages
or any loss of business opportunities, revenues, or any other economic benefit Contractor
may have realized but for the termination and/or cancellation of this Contract. The
Commission shall not be obligated to pay Contractor a cancellation or termination fee if
this Contract is cancelled or terminated as provided herein.
2.4. Contractor may terminate and/or cancel this Contract (or any part thereof) at anytime
upon ninety days (90) days written notice to the Commission, for any reason, including
convenience, without incurring obligation or penalty of any kind. The effective date of
termination and/or cancellation shall be clearly stated in the written notice.
2.5. This is a one (1) year Contract that may be renewed no more four (4) times for four (4)
one (1) year terms from the date first written above unless either party gives written
notice to the other party ninety (90) days in advance of the renewal date of its intention
not to renew the Contract.
2.5.1. At the end of the fourth renewal period this Contract can be renewed on a month
to month basis, upon the same terms and conditions contained herein, at the sole
discretion of the Commission, and can be terminated upon thirty (30) days
written notice.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
PW 4
COAKL
COUNTMICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
§3. PREMISES. Contractor agrees to assume the management and operation of a certain
Commission facility described as Springfield Oaks Activity Center (Center) and its immediately
adjoining grounds and facilities (hereinafter "Premises") (excluding the golf course), more
particularly described in Attachment B-1. Nothing contained in this Contract shall be construed
as giving Contractor any legal, equitable, or proprietary rights or interest of any kind in the
Premises.
The Commission shall at all times have custody and control over the Premises pursuant to its
statutory mandate. The Commission shall at all times have access to the Premises, including the
Activities Center, and shall have the right to utilize the Premises for any purpose, except that its
use of the Premises shall not interfere with events scheduled by the Contractor on behalf of the
Commission.
§4. SCOPE OF CONTRACTOR'S SERVICES AND FINANCIAL OBLIGATIONS TO THE
COMMISSION. Contractor agrees to provide, under the direction of the Commission,
management, services and operation of the Premises as follows:
4.1. To provide a full-time facility manager.
4.2. To provide the necessary staff to operate the facility and manage any special events.
4.3. To provide the necessary staff for the supervision and management for all rental activities
at the facility.
4.4. To honor and carry out all current rental agreements for the facility.
4.5. To schedule and be responsible for all rental agreements during the term of this
Agreement and to use the form attached as Attachment C for all such rentals. Contractor
will complete an "Event Proposal Form" — Attachment D for all new events/programs
subject to Commission's representative's approval. The Commission can use the
Premises without charge; however, the Commission will be charged for costs incurred by
the Contractor for materials and incidentals not identified in Attachment D, if applicable.
Contractor will provide the Commission with an Annual/Marketing plan and event
schedule annually, on or before December 1.
4.6. To require that after any event on the Premises that the Premises are cleaned up and
returned to a sanitary and presentable condition acceptable to the Commission, and if
necessary, Contractor will perform any clean up itself.
4.7. To clean and maintain the interior of the building known as the "Activities Center" and
the area immediately surrounding that building in order to ensure the ongoing operations
of that building. Contractor's responsibilities to maintain the other areas or facilities
located on the Premises, excluding the "Activities Center", shall only extend to those
times that events are held in other areas or facilities located on the Premises.
4.8. To use its best efforts to advertise the facility and expand its use as contemplated in
Attachment I.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 5
9-6
COAKL
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
4.9. Upon completion of the Equestrian Center the Contractor will pay to the Commission the
following amounts or percentages of its Gross Revenue for each year the contract is in
effect.
• $21,000 or 30% of the total annual gross sales for the first year of operation,
whichever is greater.
$75,000 or 40% of the total annual gross sales for the second year of operation,
whichever is greater.
• $95,000 or 50% of the total annual gross revenue for the third, fourth, and fifth
years of operation, whichever is greater.
• Operator shall also pay one hundred percent (100%) of the utility costs.
For the year in which the Equestrian Center is completed the payment will be pro rated
based on the number of months in that contract year the Center was completed. All
payments are due on a quarterly basis. All payments are due not later than the thirtieth
(30th) day following the end of the first three (3) months of operation from the effective
date of this Contract and at the end of each successive (3) month period thereafter, and
shall be based upon reports furnished to the Commission by an officer of the Contractor.
Contractor shall furnish to the Commission within sixty (60) days after the close of each
fiscal year a report attested to by an officer of the Contractor, showing Contractor's Gross
Revenue during the preceding fiscal year. If the report indicates a deficiency in the
payments that should have been made for that year the deficiency shall be paid
immediately. If the report shows that there may have been an overpayment to the
Commission, the Contractor will present the evidence to the Commission for review at a
regularly scheduled Commission meeting.
4.10. To pay to the Commission One Hundred percent (100%) of the utilities used by the
Premises, excluding the Activity Center. Utilities are defined as electricity, water (if any),
gas, cable services and telephone.
4.11. To establish and maintain according to generally acceptable accounting principles,
complete financial records for this facility, which shall be made available to the
Commission or the Commission's agents for inspection upon reasonable request.
4.12. To place Two Thousand Dollars ($2000.00) in a separate account for the general
maintenance of the Ellis Barn at the beginning of each Contract Year. These funds, plus
any interest, shall be paid over the Commission prior to the end of that Contract Year.
4.13. To include the Commission in any meetings of whatever nature with any governmental
authority.
4.14. To comply with and inform all users of the Premises of all Rules and Regulations as
promulgated by the Commission except as otherwise noted in this Contract. Contractor
will sell no alcohol on the Premises without prior Commission approval Contractor will
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
COAKL�
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
report violations of local, state, and federal laws, rules, ordinances, regulations to the
Park Deputies and/or police as soon as Contractor becomes aware of such violations. See
Attachment E.
4.15. To comply with all local, state, and federal laws, rules, ordinances, regulations and codes
pertaining to buildings, building safety, fire hazards, fire marshal regulations, use and
installation of utilities, and safe storage of materials and flammables.
4.16. To comply with all local, state, and federal laws, rules, ordinances, regulations and codes
pertaining to operating a park and camp grounds that apply to the Premises.
4.17. To honor and comply with the terms of the Commission's food service agreement with
Oak Management Corporation, Inc. Any Exclusionary Agreements (Attachment F) must
be in writing with copies provided to the Commission's representatives.
4.18. To comply with the Guidelines of Attachment G, as promulgated by the Commission.
4.19. To comply with directives of the Commission or Commission designee that pertains to
the use, operation, and maintenance of the Premises.
§5. COMMISSION PAYMENT OBLIGATIONS FOR CONTRACTOR'S SERVICES
5.1. Except as otherwise expressly provided for in this Contract, the Commission's sole
financial obligation to the Contractor for any Contractor services under this Contract shall
be to allow Contractor to retain any fees and third party payments received from
sponsoring events on the Premises.
5.2. Under no circumstances shall the Commission be responsible for any cost, fee, fine,
penalty, or direct, indirect, special, incidental or consequential damages incurred or
suffered by Contractor in connection with or resulting from the Contractor's providing
any services under this Contract.
5.3. The Commission has the right to offset any amounts due and owing to the Contractor
should the Commission incur any cost associated with this Contract that are the
obligations of Contractor under this Contract.
5.4. This Contract does not authorize any in -kind services by either Party, unless approved by
both parties in writing.
§6. COMMISSION OBLIGATIONS. During the term of this Contract, the Commission agrees:
6.1. To maintain the Premises (including the facilities and structures located on the Premises),
as described in Attachment B-1 to the standards of the Commission and the codes of
Springfield Township, except as to Contractor's responsibilities under Section 4.
6.2. To provide direction and assistance to Contractor in its management of the facilities and
grounds.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
02
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
6.3. With the recommendations of Contractor, to establish fees and charges for rental and use
of the facilities and grounds, which fees will remain in effect until such time as the
Commission, with the recommendation of the Contractor, establishes different fees.
6.4. Commission will provide to Contractor upon request, the site plans and construction
documents for infrastructure development and installation of underground utilities, in the
possession of Commission as shown in the Master Plan.
6.5. Commission will provide certificates of insurance or self-insurance from the County for
the Premises, but Contractor will be required to provide contents coverage pursuant to
Exhibit I for contents owned by the Contractor. The certificates will provide for mutual
waiver of subrogation.
§7. MUTUAL OBLIGATIONS.
7.1. Commission staff and Contractor will meet at least annually to review plans for capital
improvements and the method of funding them. The Master Plan as outlined in
Attachment J, or its successor, whichever is in effect on the date(s) of such meeting(s),
may act as an outline for such discussions.
7.2. Commission staff and Contractor will conduct an annual assessment of the Premises to
determine the presence of conditions that pose a risk to the Premises. A determination by
Commission staff of the existence of such a condition will necessitate an immediate
abatement of the condition by the Contractor.
§8. CONTRACTOR'S ASSURANCES AND WARRANTIES.
8.1. Service Warranty. Contractor warrants that all services performed hereunder will be
performed in a manner that complies with all applicable laws, statutes, regulations, and
local ordinances.
8.2. Business and Professional Licenses. The Contractor will obtain and maintain at all times
during the term of this Contract all applicable business and professional licenses
necessary to provide the contracted services.
8.3. Equipment and Supplies. The Contractor is responsible for providing equipment and
supplies not expressly required to be provided by the Commission. The items listed in
Attachment H are currently being provided by the Commission on a voluntary basis, and
are of varying degrees of functionality and suitability of purpose because of use and age.
Should these items become damaged, lost, or destroyed, the Commission is under no
obligation to repair or replace them. Unless the items in Attachment H are damaged, lost,
or destroyed by Contractor employees, staff, or volunteers, the Contractor is under no
obligation to replace or repair them.
8.4. Taxes. The Contractor shall pay its own local, state and federal taxes, including without
limitation, social security taxes, and unemployment compensation taxes. The
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 8
9-9
COAKLAl�D=
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
Commission shall not be liable to or required to reimburse the Contractor for any federal,
state and local taxes or fees of any kind.
8.5. Contractor's Incidental Expenses. Except as otherwise expressly provided in this
Contract, the Contractor shall be solely responsible and liable for all costs and expenses
incident to the performance of all services for the Commission including, but not limited
to, any professional dues, association fees, license fees, fines, taxes, and penalties.
8.6. Contractor Employ.
8.6.1. Contractor shall employ and assign qualified Contractor Employees as necessary
and appropriate to provide the services under this Contract. Contractor shall
ensure all Contractor Employees have all the necessary knowledge, skill, and
qualifications necessary to perform the required services and possess any
necessary licenses, permits, certificates, and governmental authorizations as may
be required by law.
8.6.2. Contractor shall solely control, direct, and supervise all Contractor Employees
with respect to all Contractor obligations under this Contract. Contractor will be
solely responsible for and fully liable for the conduct and supervision of any
Contractor Employee.
8.6.3. All Contractor paid Employees shall wear and display appropriate Commission -
provided identification at all times while working on Commission premises.
Contractor shall establish a method for identifying Contractor volunteers when
on the Premises.
8.6.4. All paid Contractor Employees assigned to work under this Contract may, at the
Commission's discretion, be subject to a security check and clearance by the
Commission.
8.7. Contractor Employee -Related Expenses. All Contractor Employees shall be employed at
the Contractor's sole expense (including employment -related taxes and insurance) and the
Contractor warrants that all Contractor Employees shall fully comply with and adhere to
all of the terms of this Contract. Contractor shall be solely and completely liable for any
and all applicable Contractor Employee's federal, state, or local payment withholdings or
contributions and/or any and all Contractor Employee related pension or welfare benefits
plan contribution under federal or state law. Contractor shall indemnify and hold the
Commission harmless for all Claims against the Commission by any Contractor
Employee, arising out of any contract for hire or employer -employee relationship
between the Contractor and any Contractor Employee, including, but not limited to,
Worker's Compensation, disability pay or other insurance of any kind.
8.8. Full Knowledge of Service Expectations and Attendant Circumstances. Contractor
warrants that before submitting its Proposal and/or entering into this Contract, it had a
full opportunity to review the proposed services, and review all Commission expectations
under this Contract. The Contractor is responsible for being adequately and properly
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
gJlf 9
§9.
COAKL
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
prepared to execute this Contract. Contractor has satisfied itself in all material respects
that it will be able to perform all obligations under the Contract as specified herein.
8.9. The Contractor's Relationship To The Commission Is That Of An Independent
Contractor. Nothing in this Contract is intended to establish an employer -employee
relationship between the Commission and either the Contractor or any Contractor
Employee. All Contractor Employees assigned to provide services under this Contract by
the Contractor shall, in all cases, be deemed employees of the Contractor and not
employees, agents or sub -contractors of the Commission.
8.10. Contractor's acceptance of Commission Rules. Contractor acknowledges that it is aware
of the Commission's published Rules and Regulations (Attachment E) and that it will
comply with them and assist with their enforcement as part of its management and
operational responsibilities as stated elsewhere in this Contract.
CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
9.1. Indemnification.
9.1.1. Contractor shall indemnify and hold the Commission harmless from any and all
Claims which are incurred by or asserted against the Commission by any person
or entity, alleged to have been caused or found to arise, from the acts,
performances, errors, or omissions of Contractor or Contractor's Employees,
including, without limitation, all Claims relating to injury or death of any person
or damage to any property.
It is understood and agreed that the scope of the Indemnification granted herein is
strictly limited to the scope of the Contractor's responsibilities as stated herein,
inclusive of the Contractor's limitations expressed throughout (including all
Exhibits and/or Attachments) and does not include nor is same intended to include
any indemnification by Contractor of any of the responsibilities of the
Commission concerning any maintenance, replacement, and/or repair of any
improvement upon the land more particularly described in Attachment B-1.
9.1.2. The indemnification rights contained in this Contract are in excess and over and
above any valid and collectible insurance rights/policies. During the term of this
Contract, if the validity or collectability of the Contractor's insurance is disputed
by the insurance company, the Contractor shall indemnify the Commission for
all claims asserted against the Commission and if the insurance company
prevails, the Contractor shall indemnify the Commission for uncollectable
accounts.
9.1.3. Contractor shall have no rights against the Commission for any indemnification
(e.g., contractual, equitable, or by implication), contribution, subrogation, and/or
any other right to be reimbursed by the Commission except as expressly
provided herein.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Pa e 10
9-1
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
9.1.4. Contractor waives and releases all actions, liabilities, loss and damage including
any subrogated rights it may have against the Commission based upon any
Claim brought against the Commission suffered by a Contractor Employee.
9.2. Contractor Provided Insurance.
9.2.1. At all times during this Contract, Contractor shall obtain and maintain insurance
according to the specifications indicated in Exhibit I.
9.2.2. To the extent the Commission has any loss fully compensated by any insurance
then in effect, the Commission shall make no claim upon Contractor for any
damages covered by such insurance. This does not apply to damages directly
caused by Contractor employees, and does not preclude Commission for seeking
reimbursement for any deductibles paid as a result of damages caused by
Contractor's employees.
§10. GENERAL TERMS AND CONDITIONS
10.1. Access To Commission Facilities. The Contractor has the right to access the Premises at
any time to perform the services required under this Contract, except if the Contractor's
services have been suspended or terminated by the Commission.
10.2. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise
of any other remedies, all of which shall be cumulative. A Party shall have the right, in
its sole discretion, to determine which remedies are to be exercised and in which order.
10.3. Survival of Terms and Conditions. The following terms and conditions shall survive and
continue in full force beyond the termination and/or cancellation of this Contract (or any
part thereof) until the terms and conditions are fully satisfied or expire by their very
nature:
"CONTRACTOR'S ASSURANCES AND WARRANTIES";
"CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION";
"Audit";
"Severability";
"Governing Law/Consent To Jurisdiction And Venue"; and
"Survival of Terms And Conditions."
Contractor's responsibility to hold confidential information confidential.
10.4. Commission Right to Suspend Services. Upon written notice, the Commission may
suspend performance of this Contract if Contractor has failed to comply with Federal,
State, or Local laws, or any requirements contained in this Contract. The right to suspend
services is in addition to the Commission's right to terminate and/or cancel this Contract.
The Commission shall incur no penalty, expense, or liability to Contractor if the
Commission suspends services under this Section. If the Commission suspends or
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Van 11
L. BROOKS PATTERSON-COUNTY EXECUTIVE
frOAKL OAKLAND COUNTY
COUNTY M I C H I G A N PURCHASING DIVISION
terminates this Contractor services, then Contractor has no obligation to perform or
provide alternative services required under this Contract.
10.5. Site Clean Up and/or Repair. Upon termination or cancellation of this Contract, the
Commission shall have sixty (60) days after same to inspect the Premises to determine
any requirements it may have for "clean up" and or claims of damage. If the Commission
shall make such claims in writing within the sixty (60) day period, the Contractor shall
then have an additional sixty (60) day period (absent any emergency situation) in which
to make any necessary repairs and/or clean up. In the event the Commission does not
send such claim in writing within the initial sixty (60) day period, or upon Contractor's
completion of such clean up and/or repair within the second sixty (60) day period, any
obligation of Contractor under this Contract for any such clean up and/or repair, shall
lapse and be of no further force or effect. Any dispute as to the scope or responsibility for
any such clean up or repair shall first be submitted to a joint committee comprised of
three (3) Commission representatives and three (3) Contractor representatives. If this
Committee cannot resolve the dispute, the parties will be left to their legal remedies in
law or equity.
10.6. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
Contract does not and is not intended to create any obligation, duty, promise, contractual
right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this
Contract, and/or any other right, in favor of any other person or entity.
10.7. Compliance with Laws. Contractor shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, insurance policy requirements, and requirements
applicable to its activities under this Contract.
10.8. Permits and Licenses. Contractor shall be responsible for obtaining and maintaining
throughout the term of this Contract all licenses, permits, certificates, and governmental
authorizations necessary to perform all of its obligations under this Contract and to
conduct business under this Contract. Upon request by the Commission, Contractor shall
furnish copies of any permit, license, certificate or governmental authorizations necessary
to provide services under this Contract.
10.9. Discrimination. Contractor shall not discriminate against any employee or applicant for
employment because of sex, race, religion, color, national origin, or handicap in violation
of State and/or Federal law.
10.9.1. Contractor shall promptly notify the Commission of any complaint or charge
filed and/or determination by any Court or administrative agency of illegal
discrimination by Contractor.
10.9.2. The Commission, in its discretion, may consider a finding by a Court or
Administrative Tribunal of any illegal discrimination described above as a
breach of this Contract and may terminate or cancel this Contract immediately
with notice.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
gq� 12
COAKL���:
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
10.10. Reservation of Rights. This Contract 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 Commission.
10.11. Force Mai eure. Notwithstanding any other term or provision of this Contract, neither
Parry shall be liable to the other for any failure of performance hereunder if such failure
is due to any cause beyond the reasonable control of that Party and that Parry cannot
reasonably accommodate or mitigate the effects of any such cause. Such cause shall
include, without limitation, acts of God, fire, explosion, vandalism, any law, order,
regulation, direction, action, or request of the United States government or of any local
government, national emergencies, insurrections, riots, wars, strikes, lockouts, work
stoppages, or other labor difficulties. Reasonable notice shall be given to the affected
Parry of any such event.
10.12. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL
15.321, et seq.), no contracts shall be entered into between the Commission, including all
agencies and departments thereof, and any Commission Agent. To avoid any real or
perceived conflict of interest, Contractor shall identify any Contractor Employee or
relative of Contractor's Employees who are presently employed by the Commission.
Contractor shall give the Commission notice if there are any Commission Agents or
relatives of Commission Agents who are presently employed by Contractor.
10.13. Damage to and Clean up of Commission Property and/or Premises. Contractor shall be
responsible for any unexpected and/or unnecessary damage to any Commission property,
its Premises, or a Commission Agent that is caused by Contractor or Contractor's
Employees. If damage occurs, Contractor shall make necessary repairs and/or
replacements to the damaged property to the satisfaction of the Commission. If the
damage cannot be completed to the Commission's satisfaction, Contractor shall
reimburse the Commission the actual cost for repairing or replacing the damage property.
The Contractor shall be responsible for assuring that all Commission and municipal sites
are restored to their original condition, less normal wear and tear.
It is acknowledged that Contractor is a non-profit organization serving the Oakland
County community for over eighty (80) years. Contractor is comprised of mainly unpaid
volunteers, having its only paid employees being those pursuant to this Contract and
those paid employees having neither participation in, nor management of, the non-profit
organization. The stated limitations of responsibility and/or liability of Contractor to both
the Commission and/or any improvements upon the Premises as stated herein, is made
with those considerations (and its reality) being paramount to Contractor in entering into
this Contract.
10.14. Contractor Use of Confidential Information. The Contractor and/or Contractor
Employees shall not reproduce, provide, disclose, or give access to Confidential
Information to any third party, or to any Contractor Employee not having a legitimate
need to know any such information and data, and shall not use the Confidential
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 13
9-14
COAKL�.�
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
Information for any purpose other than performing its services under this Contract.
Notwithstanding the foregoing, Contractor may disclose the Confidential Information if
required by law, statute or other legal process; provided that Contractor (i) gives the
County and Commission prompt written notice of an impending disclosure, (ii) provides
reasonable assistance to County and Commission in opposing or limiting the disclosure,
and (iii) makes only such disclosure as is compelled or required.
10.14.1. This Contract imposes no obligation upon Contractor with respect to any
Confidential Information which Contractor can establish by legally sufficient
evidence: (i) was in the possession of, or was known by Contractor, prior to its
receipt from the County, without an obligation to maintain its confidentiality; or
(ii) is obtained by Contractor from a third party having the right to disclose it,
without an obligation to keep such information confidential.
10.14.2. As used in this Contract, Confidential Information means all information that the
County or Commission is required or permitted by law to keep confidential. If
Contractor comes into contact or possession of County or Commission
information or material that Contractor recognizes is confidential, or if
Contractor comes into contact or possession of County or Commission
information or material that a reasonably prudent person would recognize as
being of a confidential nature, then Contractor will keep this information or
material confidential. If the material or information has come to Contractor's
attention through some mistake or accident, Contractor will immediately notify
Commission and apprise Commission of that fact. The Commission or County
will then act to retrieve the material or information from Contractor. Contractor
will have a continuing obligation to not disclose any confidential information.
10.15. Contractor Use of County Licensed Software. In order for the Contractor to perform its
services under this Contract, the Commission may permit Contractor or Contractor
Employees to access certain copyrighted Software licensed to the County. Contractor or
Contractor Employees shall not: transfer, remove, use, copy, or otherwise provide or
make available any such copyrighted Software or Documentation to any other person or
entity, for any purpose, without the prior written consent of the County and/or the
licensor. Furthermore, neither the Contractor nor Contractor Employee shall produce a
source listing, decompile, disassemble, or otherwise reverse engineer any copyrighted
Software. Neither the Contractor nor Contractor Employee shall use any copyrighted
software contrary to the provisions of any applicable Software license agreement or state
or federal law.
10.16. Grant Compliance. If any part of this Contract, or any program Contractor manages, or
any funds that benefit the Premises is supported or paid for with any state or federal funds
granted to the Commission, the Contractor shall comply with all applicable grant
requirements. The Commission will inform Contractor of any grant implications and
provide Contractor with a copy of the grant.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
ya*S 14
COAKL�1�lD=
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
10.17. Contract Administrator. Each Party may designate an employee or agent to act as
Contract Administrator. The Contract Administrators shall serve as a contact point for all
matters related to the services to be performed under this Contract. The Commission's
Contract Administrator shall be responsible for such activities as monitoring deliverables
and funding; addressing the quality of services provided by the Contractor; reviewing
invoices and submitting requests to the Commission's procurement authority for any
contract modification in accordance with Section 10.27 of this Agreement.
10.18. Dispute Resolution. All disputes arising under or relating to the execution, interpretation,
performance, or nonperformance of this Contract involving or affecting the Parties must
first be submitted to the respective Contract Administrators for possible resolution. The
Contract Administrators must promptly meet and confer in an effort to resolve such
dispute. If the Contract Administrators cannot resolve the dispute in five (5) business
days, the dispute may be submitted to the signatories of this Contract or their successors
in office. The signatories of this Agreement must meet promptly and confer in an effort
to resolve such dispute. If no resolution is forthcoming after this process, the parties will
be left to their legal remedies in law or equity.
10.19. Access and Records. Contractor will maintain accurate books and records in connection
with the services provided under this Contract for thirty-six (36) months after end of this
Contract, and provide the Commission with reasonable access to such book and records.
10.20. Audit. Contractor shall allow the County's Auditing Division, or an independent auditor
hired by the County, to perform finance compliance audits with the authority to access all
pertinent records and interview any Contractor Employee throughout the term of this
Contract, and for a period of three years after final payment.
10.20.1. Contractor shall explain any audit finding, questionable costs, or other Contract
compliance deficiencies to the Commission within forty-five (45) days of
receiving the final audit report. Contractor's response shall include all necessary
documents and information that refute the final audit report. Failure by
Contractor to respond in writing within 45 days shall be deemed acceptance of
the final audit report.
10.21. Delegation /Subcontract/Assignment. Contractor shall not delegate, assign, or
subcontract any obligations or rights under this Contract without the prior written consent
of the Commission.
10.21.1. The rights and obligations under this Contract shall not be diminished in any
manner by assignment, delegation or subcontract.
10.21.2. Any assignment, delegation, or subcontract by Contractor and approved by the
Commission, must include a requirement that the assignee, delegee, or
subcontractor will comply with the rights and obligations contained in this
Contract.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
P Vq �5
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
10.21.3. The Contractor shall remain primarily liable for all work performed by its
subcontractors. Contractor shall remain liable to the Commission for its
obligations under the Contract not completely performed by any Contractor
delegee or subcontractor.
10.21.4. Should a Subcontractor hired by Contractor fail to provide the established level
of service and response, the Contractor shall contract with another agency for
these services in a timely manner. Any additional costs associated with securing
a competent replacement subcontractor shall be the sole responsibility of the
Contractor.
10.21.5. This Contract cannot be sold.
10.21.6. In the event that a Petition in Bankruptcy is filed and there is an assignment of
this Contract by a Court, the Commission may declare this Contract null and
void.
10.22. Non Exclusive Contract. No provision in this Contract limits, is intended to limit, in any
way the Contractor's right to offer and provide its services to the general public, other
business entities, municipalities, or governmental agencies during or after the term of this
Contract. Similarly, this Contract is a non-exclusive agreement and the Commission may
freely engage other persons to perform the same work that the Contractor performs at
facilities other than the Premises. Except as provided in this Contract, this Contract shall
not be construed to guarantee the Contractor or any Contractor Employee any number of
fixed or certain number or quantity of hours or services to be rendered to the
Commission.
10.23. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to
pursue or enforce any right or remedy under this Contract shall constitute a waiver of
those rights with regard to any existing or subsequent breach of this Contract. No waiver
of any term, condition, or provision of this Contract, whether by conduct or otherwise, in
one or more instances, shall be deemed or construed as a continuing waiver of any term,
condition, or provision of this Contract. No waiver by either Party shall subsequently
effect its right to require strict performance of this Contract.
10.24. Severability. If a court of competent jurisdiction fmds a term, condition, or provision of
this Contract to be illegal or invalid, then the term, condition, or provision shall be
deemed severed from this Contract. All other terms, conditions, and provisions of this
Contract shall remain in full force and effect. Notwithstanding the above, if all or any
part of Contractor's obligation to indemnify or hold the Commission harmless is stricken,
it is the intent of the Parties that they will amend this Contract to give effect to the
indemnity and hold harmless provision, or the stricken portion thereof, to the maximum
extent possible.
10.25. Captions. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Contract are intended for the convenience of the reader
and are not intended to have any substantive meaning and shall not be interpreted to limit
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
lael 16
COAKL�=
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
or modify any substantive provisions of this contract. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this contract shall be deemed the appropriate plurality, gender or
possession as the context requires.
10.26. Notices. Notices given under this Contract shall be in writing and shall either be
personally delivered, sent by express delivery service, certified mail, or first class U.S.
mail postage prepaid, and addressed to the person listed below. Notice will be deemed
given when one of the following occur: (1) the date of actual receipt; (2) the next
business day when notice is sent express delivery service or personal delivery; or (3)
three business days after mailing first class or certified U.S. mail.
10.26.1. If notice is sent to the Contractor, it shall be addressed to:
David Coleman, President
P.O. Box 365
12451 Andersonville Road
Davisburg, Michigan 48350
10.26.2. If notice is sent to the Commission, it shall be addressed to:
Susan Wells, Administrator of Parks and Recreation Operations
2800 Watkins Lake Road
Waterford, MI 48328
10.26.3. Either Party may change the address or individual to which notice is sent by
notifying the other party in writing of the change.
10.27. Contract Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Contract must be in writing and agreed to by both Parties.
Unless otherwise agreed., the modification, amendment, recession, waiver, or release shall
be signed by an expressly authorized Contractor Employee or Officer and by the same
person who signed the Contract for the County or other County Agent as authorized by
the Oakland County Board of Commissioners.
10.28. Precedence of Documents. In the event of a conflict between the terms and conditions in
any of the documents comprising this Contract, the conflict shall be resolved as follows:
10.28.1. The terms and conditions contained in this main Contract document shall prevail
and take precedence over any allegedly conflicting provisions in all other
Exhibits or documents.
10.29. Governing Laws/Consent to Jurisdiction and Venue. This Contract 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 any
Claim arising under or related to this Contract shall be brought in the Sixth Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan,
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
9a1;8 17
COAKL
COUNTMICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
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. The choice of
forum set forth above shall not be deemed to preclude the enforcement of any judgement
obtained in such forum or taking action under this Contract to enforce such judgement in
any appropriate jurisdiction.
10.30. Entire Contract. This Contract represents the entire Contract and understanding between
the Parties. This Contract supercedes all other prior oral or written understandings,
communications, agreements or Contracts between the Parties. The language of this
Contract shall be construed as a whole according to its fair meaning, and not construed
strictly for or against any Party.
The undersigned executes this Contract on behalf of Contractor and the Commission, and by
doing so legally obligates and binds Contractor and the Commission to the terms and conditions
of this Contract.
FOR THE CONTRACTOR:
David Coleman appeared in person before me this day and executed this Contract on behalf of
Contractor and acknowledged to me under oath that he has taken all actions and secured any and
all necessary approvals and authorizations and has the requisite authority from Contractor to
fully and completely obligate and bind Contractor to the terms and conditions of this Contract
and any and all other documents incorporated by reference, and also acknowledged to me under
oath of having been provided with copies and having read and reviewed all Contract documents
including all documents incorporated by reference.
Subscribed and sworn to before me on this day of 52006.
Notary Public
My Commission Expires:
FOR THE COMMISSION:
County, Michigan
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Po 18
COAKL� -
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
BY: DATE:
Pecky D. Lewis, Chairperson
Oakland County Parks and Recreation Commission
FOR THE COMMISSION:
:i
Joseph Hylla, Manager,
Oakland County Purchasing Department
DATE:
J:\CorpCnsl\TempFile\lnumber\2006\2006-0200 thru 2006-0299\2006-0269 4-H Fair Assoc Mgmnt of Springfield Oaks Activity Center -
Agreement\Working Copy.doc
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 19
9-20
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
EXHIBIT I
CONTRACTOR INSURANCE REQUIREMENTS
1. Vendor agrees to procure and maintain insurance coverage according to the following
specifications:
a. $3,000,000 Combined Single Limit Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
Broad form property damage
Premises/Operations
Independent Contractors
(Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, Oakland County Parks and
Recreation Commission, County Agents (as defined in this Contract) and
employees and elected and appointed officials of Oakland County;
b. Workers' Compensation as required by law $500,000 Employer's Liability;
C. $1,000,000 Combined Single Limit Automobile Liability, including hired and
leased vehicles, and owned and non -owned autos No Fault coverage as required
by law;
2. General Certificates of Insurance
a. All Certificates of Insurance and duplicate policies of any outside vendor or
contractor shall contain the following clauses:
1) "The insurance company(s) issuing the policy or policies shall have no recourse
against the County of Oakland or the Oakland County Parks and Recreation
Commission for payment of any premiums or for assessments under any form of
policy".
2) "Any and all deductibles in the above -described insurance policies shall be
assumed by and be for the account of, and at sole risk of, the contractor."
3) Mutual waivers of Subrogation.
It is hereby understood and agreed between the Commission and the Contractor,
with regard to the structures on the Premises and/or contents, that to the extent
that a loss is covered by insurance the Commission agrees that Contractor shall
not be liable to Commission and Commission shall not be liable to Contractor, for
any loss resulting directly or indirectly from losses such as, but not limited to fire,
explosion, smoke damage, vandalism, malicious mischief.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
9a'ze 2120
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
b. All Certificates are to provide 30 days notice of material change or cancellation.
Certificates of Insurance and insurance binders must be provided no less than ten
(10) working days before commencement of work to the Oakland County Risk
Management Office. Insurance carriers are subject to the approval of Oakland
County.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Ne 21
ITEM #10
FINANCIAL ASSESSMENT
REQUEST FOR PROPOSAL
Per Commission request, staff has prepared a rough draft of the scope of the work plan
that will be incorporated into a Request For Proposal for a financial assessment of the
Commission's operations.
Staff will be available to answer any questions.
The Oakland County Parks and Recreation Commission wishes to conduct a financial
assessment of our current and future operations. This assessment should result in a Long -Term
Financial Plan (LTFP) that will ensure the financial viability of the Commission's Operations. We
invite your firm to participate and submit a plan to perform this assessment.
Scope of Work
The Assessment/Plan should include, but may not be limited to:
• Development of a LTFP (5 years) projection of revenues and expenditures
• Recommendations regarding financial policies to structure decision -making to ensure
long-term viability.
• A process for integrating the LTFP with our strategic plans to leverage the synergies
available at the organizational level.
• Tactics to meet short-term gaps between expenditures and revenues, and strategies to
address long-term structural deficits between resources and service commitments.
• The "know how" needed to foster knowledge transfer and perpetuate the long-term
financial process independent of consultant support.
10-1
ITEM #11
CATALPA PARK
FEASIBILITY ASSESSMENT REPORT
As requested by the Oakland County Board of Commissioners on May 11,
2006, staff has prepared the enclosed feasibility assessment report on Catalpa
Park for your review and input.
Staff recommends the Parks Commission approval, with subsequent
forwarding to the General Government Committee of the Oakland County Board
of Commissioners.
Due to time constraints, the attached feasibility assessment report was
required to be submitted to the General Government Committee by their agenda
deadline of October 2. Any revisions from the Parks Commission will be
forwarded to the General Government Committee for consideration at their
October 9 meeting.
Submitted to the Oakland County Board of Commissioners —
General Government Committee
By the Oakland County Parks and Recreation Commission
and its administrative staff
October 9, 2006, 2 p.m.
Board of Commissioners Conference Room A
CATALPA PARK
FEASIBILITY ASSESSMENT REPORT
I. INTRODUCTION
On May 11, 2006, the Oakland County Board of Commissioners (Appendix 1)
directed the Oakland County Parks and Recreation Commission to investigate the feasibility
of 25 acres of land adjacent to the South Oakland Health Department for consideration in
establishing an Oakland County Park.
The 25 acres are part of a 28.43-acre parcel originally purchased by Oakland County
from the Berkley School District in 1964. Beginning in 1978 the city of Southfield leased the
25 acres for recreational/athletic uses.
The park serves in excess of 45,000 participants annually. The city of Southfield
currently manages the property for Oakland County and incurs maintenance expenses.
Oakland County Planning and Economic Development Services has partnered with
the Oakland County Parks and Recreation Commission administrative management team to
develop this feasibility assessment report. The group has met five times in the last three
months, including two recreation site visits in south Oakland County and three visits to
Catalpa Park.
II. EXISTING CONDITIONS
• Three location maps (Appendix 2A, 2B, and 2C)
• Two maps showing the current land use (Appendix 3A and 3B)
• Current park layout (Appendix 4)
III. CONSIDERATIONS
1: It would be feasible for the Oakland County Parks and Recreation Commission to
manage Catalpa Park, under the condition that the property was transferred to the Parks at
no cost.
2: If this is determined to be the course of action, then the Parks staff could develop a
conceptual master plan to determine uses in a phased development plan with any future
improvements as a cooperative effort between potential partners.
3: This would then be another opportunity in the Oakland County Parks and Recreation
Commission's efforts to develop, or further, a countywide urban park strategy.
11-2
APPENDIX 1
Commissioners Minutes Continued. May 11, 2006
Chairperson, we move the adoption of the foregoing resolution.
THOMAS MIDDLETON, HUGH CRAWFORD,
BILL BULLARD, EILEEN KOWALL, CHUCK
MOSS, CHARLES PALMER, WILLIAM
PATTERSON, WILLIAM MOLNAR, ERIC
WILSON, JEFF POTTER, MICHAEL ROGERS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #06102
BY: Commissioners Hugh D. Crawford, District #9 and Vincent Gregory, District #21
IN RE: BOARD OF COMMISSIONERS - CATALPA PARK PROPERTY FEASIBILITY STUDY BY
OAKLAND COUNTY PARKS AND RECREATION COMMISSION STAFF
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission was established in 1966, and in its 40
years of operations has acquired and manages 11 parks totaling over 6,000 acres; and
WHEREAS the local communities, especially in the southeast quadrant of Oakland County, have
expressed a need for additional areas of recreation; and
WHEREAS the Oakland County Parks and Recreation Commission has remained open to consider
opportunities that would fill that void in this heavily populated quadrant of Oakland County; and
WHEREAS the County of Oakland purchased 28.43 acres of land from the Berkley School District in
1964 for which to locate the Southfield office of the Oakland County Health Division; and
WHEREAS the County of Oakland leased 22 acres adjacent to the Southfield office of the Oakland
County Health Division to the Southfield Little League from 1964 to 1978 and the city of Southfield from
1978 to the present; and
WHEREAS the City of Southfield has leased this 22-acre parcel for 28 years, investing in excess of
$500,000 to develop and maintain six soccer fields and two baseball fields; and
WHEREAS this site services 45,000 Oakland County residents annually, with 70 percent of those residing
primarily in the surrounding communities, including Berkley, Huntington Woods, Lathrup Village, Pleasant
Ridge, Oak Park, Hazel Park, and Ferndale.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners supports preserving
the Catalpa Park property for recreational use.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland
County Parks and Recreation Commission Staff to investigate the feasibility of managing the 22-acre
parcel as a County park and provide a report of its findings to the General Government Committee no
later than its first committee meeting in October 2006.
Chairperson, we move the adoption of the foregoing resolution.
HUGH CRAWFORD, VINCENT GREGORY,
THOMAS MIDDLETON, WILLIAM
PATTERSON, CHRISTINE LONG, GREG
JAMIAN, JOHN SCOTT, ERIC WILSON, BILL
BULLARD, JEFF POTTER, CHUCK MOSS,
MIKE ROGERS, EILEEN KOWALL, GEORGE
SUAREZ, JIM NASH, MARCIA GERSHENSON,
DAVID COULTER, MATTIE HATCHETT, DAVID
WOODWARD, TIM MELTON, HELAINE ZACK
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:54 a.m. to the call of the Chair, or May 25, 2006, at 9:30 a.m.
RUTH JOHNSON
Clerk
BILL BULLARD, JR.
Chairperson
217
11-3
Catalpa P d�t�ons ---'"� � �" ^-
ITEM #12
American with Disabilities (ADA)
Transition Plan
Update
Summary
Since July of 2005 a team effort has been ongoing to study all of our parks,
facilities and programs. The team included: Oakland County Parks Staff; Straub,
Pettit and Yaste; Beckett & Raeder; and the Michigan Protection and Advocacy
Service. The result of this study is an American with Disabilities Transition Plan
for making our park system accessible.
The purpose of the study was to inventory, analyze, develop options and
estimate costs for the needs of all eleven of our parks in regard to specific
requirements of the ADA. The team visited each park to complete an inventory,
as well as discuss program and policies with park staff. The format is a workbook
that is a working tool as projects, programs and policies are contemplated,
implemented and completed. Each park has its own section addressing both
building and site issues. In addition, there is a chapter relating to the entire park
system and covers Operations, Policies and Equipment.
Next Step
We are in the process of setting up meetings with each park/facility along with
Oak Management and 4-H to review the areas of concern. The park supervisors
will assist us in prioritizing, and then we meet to discuss how the priorities fit into
the existing CIP and maintenance budgets. Projects will be prioritized over the
next five to 20 years.
In the 2006/07 budget, each park allocated $10,000 to start the updates. Staff
has compiled a master list of basic updates, such as door handles, grab bars and
sink fixtures.
A subcommittee has been developed to review the programming information to
ensure that it is incorporated into our best practice policies. This committee will
include residents of Oakland County that have disabilities.
12-1
Recreation Section
Adaptive Recreation/Senior
Fall Programs
Senior
• Fall Color Tours — tour to Springfield Oaks, Ellis Barn, Lunch,
Independence Oaks and Cooks Farm Dairy
Participating Communities: Oak Park, Ferndale, Madison Hgts,
Oxford, Troy, and Berkley. Huntington Woods, Birmingham and
Royal Oak
• Bounce Volleyball — Weekly games from October to March
Participating Communities: Southfield, Ferndale, Pontiac, Oak Park,
Waterford and Detroit
• Holiday Light Tours — Bus tour to look at Holiday Lights and snack.
Participating Communities: Oak Park, Madison Hgts and Maple
Lawn Assisted living.
Adaptive Recreation
• Socials for Individuals with Mental Impairments
Royal Oak — Oct, Nov, Dec Farmington Hills — Oct
Waterford Oaks — Nov, Dec Novi — Oct
Waterford — Dec
• Youth Abilities — program for kids with disabilities. Saturday mornings from
October to April. Partners — Wright and Filippis and Boys and Girls Club of
Southeastern Michigan
• Junior W/C Basketball — Weekly practices for 2 teams in Southfield from
September to March. Approximately 5 tournaments per year. Hosting
tournament in December.
• BlazeSports
o Recreational W/C Basketball — Weekly drop in w/c basketball for
adults.
o Disabled Sports Team — hosting sports clinics. Weekly practice starts
in January
W/C football. Weekly scrimmages in September. Coordinating with
MRPA and NFL to start Punt, Pass and Kick program for individuals
with disabilities. In 2007, there will be a Oakland County regional
competition with the State competition at the beginning of a Detroit
Lions Game.
12-2
ITEM #13
BOOM TRUCK REPAIRS
TECHNICAL SUPPORT
Staff is requesting commission approval for the expense of refurbishing the boom truck.
The truck, which was purchased in 1991 at a cost of $63,249, has 13,852 miles on it, and the
boom has 4,000 hours. This piece of equipment is used by the entire park system on various
projects. The lift portion of the boom developed a major problem in the latching device and has
to be repaired and recertified before it can be put back in service. Due to the vehicle's size, it
must be stored outside; additional refurbishing is required due to the weather conditions this unit
is subjected to.
The proposed repairs include: new bucket, chain pitches, assembly rods and hoses,
refinishing the fiberglass and a dielectric test certification. The estimate of these repairs is
$27,486.66 and includes a 2-year warranty. These repairs will be done by Lift -All, Fort Wayne,
Indiana. Lift -All is the manufacturer of this equipment. This is a single source bid, because no
other company will re -certify someone else's equipment.
In addition to the above repairs to the lift portion, the steel decking and tool boxes have
also deteriorated and need to be replaced and repainted. This work will be done by NBC Truck
Equipment, Roseville, Michigan. The estimated cost for this portion is $6,283.03. This is also a
single source, as NBC is the designated servicing distributor and the company that constructed
the original frame and steel box for this vehicle
Refurbishing the boom truck is expected to provide another 15 years of service, and
would be more cost effective than purchasing a new vehicle, which is currently estimated at
$127,671.00.
Therefore, staff recommends awarding the repairs to Lift -All in the amount of $27,486.66
and NBC Truck Equipment Repairs in the amount of $6,283.03, for a total amount of
$33,769.69. Funds for this repair will come from the 2007 Operating Budget Equipment Repair
line item.
13-1
ITEM # 14
EXECUTIVE OFFICER'S REPORT
---Camp Has-O-Rec: At the September 25 meeting of the Holly Area School Board, the sale of
approximately 19 acres of land formerly known as Camp Has-O-Rec was approved at the offered
price.
---Work Plan: Attached for your information is a copy of the staff's administrative management team
4th quarter work plan, reflecting current projects throughout the parks system.
---Proposed SAD: As directed by the Parks Commission at the September meeting, Commissioner
McCulloch has had conversations with White Lake Township Supervisor Mike Kowall regarding the
sewer assessment district proposal and petition that would include White Lake Oaks and may have an
update at the meeting.
---4-H Fair: At the September 18 Oakland County 4-H Fair Association general meeting, the
membership voted to change the name of the fair to the "Oakland County Fair." The 2007 fair will be
held July 10-15.
---HB 6325: The proposal to allow the drain commissioner to appoint a designee to the county parks
and recreation commission was passed by the House on September 13 and subsequently referred by
the Senate to the Committee on Local, Urban and State Affairs. A copy is attached for your
information.
---Springfield Oaks Activity Center Septic Field Project: As a follow up to the September 6
Commission meeting, staff has verified that the aggregate pricing under the existing blanket contract
with Bedrock Express was the lowest price available for the field project.
---Deer Management Dates: Dates have been set for the 2006 Deer Management Program; they are
as follows:
Addison Oaks: November 16, 21, 28, 30; December 5, 7, 12, 14
Independence Oaks: November 20, 22, 27, 29; December 4, 6, 11, 13
Open archery hunting will be available again at Lyon Oaks and Orion Oaks.
---Special Events:
• September 23: Free Wood Chips Day, Orion Oaks
• September 24: Farmer For the Day, Springfield Oaks Activity Center; 250 participants
• September 24: Fall Mountain Bike Race & Hand -Cycling Challenge at Addison Oaks; 500
participants
---Upcoming Special Events:
• October 1: Fall Color Car Classic, Independence Oaks
• October 5: Oakland County Trails Advisory Council Trails Summit, Indian Springs Metropark
• October 8: Hidden Forest Trail Run, Independence Oaks
• October 28: Free Wood Chips Day, Orion Oaks
14-1
Oakland County Parks and Recreation Commission
Administrative Management Team
4th Quarter Work Plans
Dan Stencil
*Urban Park Strategy
*Community Connection Initiative (CCI)
*Revised travel and conference policy
*Strategic planning
*Oak Management — Commissioner's study
committee
*2007 Budget
Frank Trionfi
*CCI
*Supervisory Training Program
*Staff/supervisor assessment project
*Oak Management — Commissioner's study
committee
*Oakland County 4-H Fair Association professional
service contract
* Alternative Energy — Adopt -a -Watt
*People Soft Gap Analysis
*New Point of Sales for waterparks
Jan Pung
*2006 Marketing Report
*Group sales usage date
*Comprehensive research plan development
*Countywide recreation survey
*Strategic planning
*Community Connection Initiative
*DVD presentation
* Sponsorships/partnerships
Clyde Herb
*Special projects crew
*October, 2006-February, 2007: Staff work plans
*Independence Oaks: Tree harvest RFP
*2006 Deer management program implementation
*Safety and security committee
*Trusty/WAM program
*Property line and hunting activity checks
*2007 joint purchases
*Staff computer training
*Springfield YAC operations/PSC review
Sue Wells
*Evaluation meetings and recommendations for
golf, parks, waterparks and recreations
*CCI implementation
* Sponsorship/partnership
*Springfield YAC PSC for 2007 operations
*Urban park strategy
*ADA implementation
Jim Dunleavy
*Programs/special event evaluations
*Interpretive services outreach programs
*Sponsorships and partnerships
*2007 Recreation Connection Initiative
*Countywide concerts in the park program
*ADA assessment
*Health and Wellness Initiative
*Establish county nature center coalition
*Safety and Security Committee
Mike Thibodeau
*Red Oaks Golf Course well and hydrologic
study
*Red Oaks Waterpark: Pool Marcite Project
*Springfield Oaks Golf Course improvements
*Glen Oaks Golf Course improvements
*October 2006-February, 2007: Staff work
plans
*Coordinate winter projects
*Review signage and yardage markers
Joe Fi a
*5-Year Comprehensive Rec. Master Plan
*2006/2007 CIP
*Rose Oaks Master Plan
*5-Year forecast of grant request projects
*5-year major maintenance projects forecast
*ADA assessment
*Natural resource management
*Independence Oaks Organizational Trail
*Glen Oaks Maintenance Bldg addition
D:\$Data\My documents\DAN\4thQrtrWorkPlans.doc
14-2
HB-6325, As Passed House, September 13, 2006
HOUSE BILL No. 6325
August 9, 2006, Introduced by Reps. Taub, Stakoe and Garfield and referred to the
Committee on Local Government and Urban Policy.
A bill to amend 1965 PA 261, entitled
"An act to authorize the creation and to prescribe the powers and
duties of county and regional parks and recreation commissions; and
to prescribe the powers and duties of county boards of
commissioners with respect to county and regional parks and
recreation commissions,"
by amending section 1 (MCL 46.351), as amended by 2003 PA 187.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1
Sec. 1. (1) The county board of commissioners of a county, by
2
resolution adopted by a 2/3 vote of all its members, may create a
3
county parks and recreation commission, which shall be under the
4
general control of the board of commissioners.
LO
5
(2) The county parks and recreation commission shall consist
N
6
of the following members:
O
7
(a) The chairperson of the county road commission or another
Z
J
_J
m
W
fA
O
2
06967106
O
C
Cn
M
00
F
r
Z
0
14-3
2
House Bill No. 6325 as amended September 12, 2006
1 road commissioner designated by the board of county road
2 commissioners.
3 (b) The county drain commissioner OR, [
4 l A DESIGNEE OF THE DRAIN COMMISSIONER.
5 (c) One of the following:
6 (i) In a county that elects a county executive under section 9
7 of 1973 PA 139, MCL 45.559, the county executive or a designee of
8 the county executive.
9 (ii) In a county with a population of 1,000,000 or less, the
10 chairperson of the county planning commission or another member of
11 the county planning commission designated by the county planning
12 commission. In a county that does not have a county planning
13 commission, the chairperson of the regional planning commission
14 shall serve on the county parks and recreation commission if that
15 person is a resident of that county. If the chairperson of the
16 regional planning commission is not a resident of that county, then
17 the board shall, by a 2/3 vote, appoint a member of the regional
18 planning commission who is a resident of that county to serve on
19 the county parks and recreation commission.
20 (d) Seven members appointed by the county board of
21 commissioners, not less than 1 and not more than 3 of whom shall be
22 members of the board of commissioners.
23 (e) For counties with a population greater than 750,000 but
24 less than 1,000,000, the county board of commissioners shall
25 appoint a neighborhood representative. The appointee under this
26 subdivision shall be an officer of the homeowners or property
27 owners association that represents the largest area geographically
06967106
14-4
3
1 that is located totally or partially within 1,000 feet of the
2 property boundary of the most frequently used county park who is
3 willing to serve on the county parks and recreation commission. If
4 a homeowners or property owners association is not located within
5 1,000 feet of that park or no officer is willing to serve, then the
6 appointee shall be a resident who lives within 1/2 mile of that
7 park and who is willing to serve on the county parks and recreation
8 commission. If no resident lives within 1/2 mile of that park or no
9 resident is willing to serve, then the appointee shall be a
10 resident of the city, village, or township in which that park is
11 located who is willing to serve on the county parks and recreation
12 commission. The first appointment under this subdivision shall be
13 made not more than 60 days from -the ef€ee}ve date of -the
14 afflendatery aet that added this sidbdivisien OCTOBER 17, 2003 or not
15 more than 60 days from the date a county qualifies for an
16 appointment under this subdivision.
17 (3) Of the members first appointed by the county board of
18 commissioners, 2 shall be appointed for a term ending 1 year from
19 the following January 1, 2 for a term ending 2 years from the
20 following January 1, and 3 for a term ending 3 years from the
21 following January 1. The first member appointed by a qualifying
22 county under subdivision (e) SUBSECTION (2) (E) shall be appointed
23 for a term ending 2 years from the following January 1. From then
24 on, each appointed member shall be appointed for a term of 3 years
25 and until his or her successor is appointed and qualified. Each
26 term shall expire at noon on January 1. A vacancy shall be filled
27 by the county board of commissioners for the unexpired term.
06967106
KHS
14-5
4
1 (4) The county parks and recreation commission is an agency of
2 the county. The county board of commissioners may make rules and
3 regulations with respect to the county parks and recreation
4 commission as the board of commissioners considers advisable. The
5 members of the county parks and recreation commission are not full-
6 time officers. The county board of commissioners shall fix the
7 compensation of the members.
06967106 Final Page
OM
14-6