HomeMy WebLinkAboutAgendas/Packets - 2007.05.02 - 40145Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman
J. David VanderVeen
Secretary
Hugh D. Crawford
Vincent Gregory
Eileen T. Kowall
John P. McCulloch
Ci- '-s Palmer
J(' chards
She.,ey G. Taub
Daniel 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
COUNTY PARKS
April 24, 2007
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
www.oal<gov.com/parksrec
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE ....................... White Lake Oaks Golf Course
991 Williams Lake Road
White Lake, MI 48386
TIME ........................ Wednesday, May 2, 2007
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,
Daniel J. Stencil
Executive Officer
Parks and Recreation
Next Meetings: Tues —Friday, June 5-8, Special Park Districts Forum
Columbus, Ohio
Wednesday, June 13; Lyon Oaks Golf Course
PLEASE NOTE THE LOCATION CHANGE FOR THIS MEETING!
D:\$Data\My documents\COMMISSN\agendaltr.doc
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
Oakland County Parks andfi'-.ecreation Commission
White Lake Oal Wolf Course
991 Williams Lake Rd
White Lake, MI 48386
Wednesday, May 2, 2007
9:00 a.m.
Action Required
Presenter/Phone #
1.
Call Meeting to Order 9:00 a.m.
P. Lewis / 646.5917
Pledge of Allegiance
2.
Roll Call -
3.
Public Comments
4.
Commission Meeting Minutes for April 4, 2007
Approval
K. Kohn / 858.4606
4a.
Commission Meeting Minutes for Special Meeting April 18, 2007
Approval
"
5.
Internal Service and Department Funds Payment Register:
Approval
F. Trionfi / 858.4607
February (FM 5, FY 2007)
Payment Register: Voucher Report Period, February (FM 5, FY 2007
6.
Combined Statement of Operations for FM 5, FY 2007
7.
Activity Report for March, 2007
8.
Award Presentations
Informational
J. Dunleavy / 858.4647
9.
Fiscal Year 2006 Audit Report
Approval
F. Trionfi
10.
Lease Amendment — Red Oaks Golf Course
Approval
D. Stencil / 858.4944
11.
Lease Amendment — Red Oaks Waterpark
Approval
"
12.
License, Use and Maintenance Agreement — Red Oaks Waterpark
Approval
"
13.
Lyon Oaks Wetland Mitigation Project
Approval
J. Figa / 858.4620
J. Noyes / 858.4624
14.
Long Term Financial Plan
Approval
F. Trionfi
15.
Professional Services Contract -
Approval
F. Trionfi
Oakland County Fair Association
S. Wells / 858.4634
16.
Oakland Livingston Human Services Agency
Approval
S. Wells
17.
Greens Fees — Lyon Oaks
Approval
M. Thibodeau / 858.4630
Con't
1$•
o�ellon I g5g -4623
Appx°val D
ent _ W atexf g�e dsOaks
$idlten�s: Centexg000epatetials� ketpitch
taionoxLice Cxi aks
ct vvt g es s pxac d O
a. Septic SYsSla _ LY°n wing'�gl�an Oaks
b : ConCTete Saxvey anon Oaks to L Ce and to LakOa
e ks
o
d• $ otaxY M°`vex '�n� Stations�a gel Ohs'
e. �i$ation p Paths _ LY°n
f halt C�
$' Asp f�icex' s Repot
Executive O
Old Business SeSsi
an
Nevi' Business ed ong gauge pia"
ning
o�kingwacb i L
Ad)
meeting
continue
16foTlaational
� • N°Yes Beau
Nl• .limbo
D Stencil
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
April 4, 2007
Chairman Pecky D. Lewis, Jr. called the meeting to order at 9:08 a.m. in the commission room of the
Parks and Recreation Commission's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh
D. Crawford, Vincent Gregory, Eileen Kowall, John McCulloch, Charles Palmer, John Richards,
Shelley G. Taub
ALSO PRESENT.
Parks and Recreation
Oakland County 4-H Fair
Oakland County Facilities Management
Volunteer
PUBLIC COMMENTS:
There were no public questions or comments.
APPROVAL OF MINUTES:
Daniel Stencil, Executive Officer
Sue Wells, Administrator — Parks & Rec. Operations
Frank Trionfi, Administrator — Parks Administration
Joe Figa, Chief of Design and Development
Mike Thibodeau, Chief of Golf Operations
Clyde Herb, Chief of Parks Operations
Janet Pung, Communications & Marketing & Officer
Sheila Cox, Accountant IV
Mike Donnellon, Architectural Engineer II
Brittany Bird, GIS Tech/Natural Resources Specialist
Sandy Dorey, Therapeutic Recreation Specialist
Suzanne Kici, Office Assistant
Mike Willhite, Auto Mechanic II
L.C. Scramlin, General Manager
Dave Coleman, President
Mike Hughson, Property Management Specialist
Roger McCarville
Moved by Mrs. Kowall, supported by Mr. Crawford to approve the minutes of the meeting
of March 8, 2007, as written.
AYES: Crawford, Gregory, Kowall, Lewis, Palmer, Richards, Skarritt, Taub (8)
NAYS: (0)
Motion carried on a voice vote.
ACTIVITY REPORT:
The Activity Report for January, 2007 was accepted as filed.
AWARD RECOGNITION —2007 MRPA AWARDS:
4-1
(Commission Meeting, April 4, 2007)
As originally announced at the January meeting, Executive Officer Dan Stencil shared details on the 2007
MRPA award winners. Dan congratulated Mechanic Mike Willhite, who received the Innovative Park
Resources Award for Equipment Design. Also, volunteer Roger McCarville, who received a Special
Award for his personal commitment to keeping the disabled population active.
Special awards were presented to each in recognition of their dedication and leadership to the Oakland
County Parks.
DESIGN AND DEVELOPMENT UPDATE PRESENTATION
Chief of Design and Development Joe Figa presented the quarterly Design and Development Update,
noting status of capital projects, Maintenance/repair projects, and natural resource initiatives throughout
the Parks.
Prior to the 4H offices moving out of the Springfield Oaks Activity Center, staff will perform an analysis of
the building and report back to the Commission.
BIDS:
Moved by Mr. McCulloch, supported by Mrs. Taub to approve the following bids as
recommended by Purchasing and staff:
• Contract for the construction of the restroom/shower portion of Building E at
Springfield Oaks to the low bidder, W. J. Stewart Contracting for the Base Bid, which
includes all interior construction of the restroom/shower facility including two HVAC
units and all associated duct work, electrical, plumbing, finishes, and fixtures; plus
Alternate #1 for the installation of the remaining three HVAC units, in the amount of
$244,000.00, with a five percent contingency of $12,200.00, for a total budgeted
amount of $256,200.00.
• A Jacobsen HR 5111 riding mower for Groveland Oaks to the low bidder, W. F.
Miller, in the amount of $41,986.00.
• Contract for the purchase and installation of new pumping stations at White Lake
Oaks and Glen Oaks to the low bidder, Thielen Turf, in the amount of $141,175.00
for White Lake Oaks and $122,715.00 for Glen Oaks, for a total amount of
$263,900.00. In addition, approval included a ten percent contingency of $26,390.00,
for a total budgeted amount of $290,290.00.
• Split the bid for the purchase of the annual supply of fertilizer for the parks and golf
courses and award the purchase of Lebanon greens fertilizer to the low bidder, Tri
Turf, in the amount of $7,500.00; and award the purchase of Polyon 22-2-19, Polyon
25-3-14, Potassium, Nutralene, and liquid fertilizer to the low bidder, Turfgrass, in
the amount of $86,357.05. Total amount for all the fertilizers is $93,857.05.
• Contract for the Base Bid and Alternate 1 to repair and resurface the Toboggan and
BMX complexes entry drive and repair and resurface approximately 400 square yards
of the asphalt service drive to the bottom of the toboggan slides; plus Base Bid 2 to
pave an existing 1,200 square yard gravel maintenance lot, approximately 425 linear
feet of concrete curbing, and the removal and repair of approximately 550 square
yards of existing driveway to the park residence at Groveland Oaks, to the low bidder,
Al's Asphalt. Contract will be for Base Bid 1 and Alternate 1 for Waterford Oaks, plus
4-2
(Commission Meeting, April 4, 2007)
a ten percent contingency of $12,500.50, for a Waterford Oaks total project cost of
$137,510.00; plus a five percent contingency for the Base Bid 2 for Groveland Oaks,
for a Groveland Oaks total project cost of $55,275.00. Total approved amount,
including recommended contingencies, is $192,785.00.
Commission also approved to transfer the $100,000 allocated in the 2007 Waterford
Oaks Waterpark Grounds Maintenance budget to the 2007 Waterford Oaks Activity
Center/Park Grounds Maintenance budget; plus additionally transfer $25,010.00
from the 2007 Operating Budget Contingency to Waterford Oaks Activity Center/Park
Grounds Maintenance Budget of $17,010.00 and to Waterford Oaks Toboggan
Complex Grounds Maintenance budget of $8,000.00, resulting in budget transfers of
$125,010.00.
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's Report filed in the agenda, the following was noted:
---The Catalpa Park issue has been referred to the General Government Committee. Staff will be making
a presentation at their April 16 meeting to show how Catalpa Park fits into the proposed Urban Recreation
Initiative. Staff noted intentions for operating this type of facilitywould be through a Professional Services
Contract, not Oakland County Parks operating or maintaining it. Staff will evaluate options prior to making
a final proposal to the Commission.
Discussion followed, with concerns expressed on the resolution's wording, the timeline of this being done
prior to the approval of the Urban Recreation Initiative, and the necessity of getting the issue resolved.
OLD BUSINESS:
---Commissioner Gregory thanked Mr. Stencil and Ms. Wells for the presentations made to the
communities he represents; the presentations were made through the Community Connection Initiative
and were appreciated.
---Commissioner Crawford requested staff email copies of our news releases to the commissioners.
NEW BUSINESS:
---Oakland County Fair Association sent a letter to Chairman Lewis requesting Commission consideration
to approve a temporary liquor license for two special events being held in July. General Manager LC
Scramlin noted they meet all the qualifications.
Moved by Mr. Palmer, supported by Mr. Crawford to approve the request from the
Oakland County Fair Association to apply through the Michigan Liquor License
Commission for a temporary liquor license for two special events being held at the
Springfield Oaks Activity Center in July, 2007. Commission also directed the Association
to provide the appropriate licensing forms, insurance certificate, and contract with the
Oakland County Sheriff's Office for security services.
4-3
(Commission Meeting, April 4, 2007)
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
Commission also requested the Fair Association ensure they are placed in the agenda cycle for this
license approval at the beginning of the fiscal year, and to ensure they provide a copy of the forms,
insurance certificate, and contract with the Oakland County Sheriff's Office for security services for each
event.
EXECUTIVE SESSION:
Moved by Mr. Crawford, supported by Mr. Palmer to adjourn to Executive Session for the
purpose of discussing proposed land acquisitions.
ROLL CALL VOTE:
AYES: Gregory, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen, Crawford (9)
NAYS: (0)
A sufficient majority having voted, the motion carried.
The Chair declared the meeting closed at 11:11 a.m. The meeting resumed in open session at 12:06
p.m.
POSSIBLE PROPERTY ACQUISITIONS:
Moved by Mr. Crawford, supported by Mrs. Taub to authorize staff to proceed in
accordance with directives set forth in the Executive Session.
AYES: Crawford, Gregory, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
A sufficient majority having voted, the motion carried.
The next Commission meeting will be at 9:00 a.m. on Wednesday, May 2, 2007 at the White Oaks
Clubhouse.
The meeting was adjourned at 12:07 p.m.
J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary
4-4
OAKLAND COUNTY PARKS AND RECREATION COMMISSION SPECIAL MEETING
April 18, 2007
Chairman Pecky D. Lewis, Jr. called the special meeting to order at 1:15 p.m. in the commission room of
the Parks and Recreation Commission's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Secretary J. David VanderVeen, Hugh D. Crawford, Vincent Gregory,
Eileen Kowall, John McCulloch, Charles Palmer, John Richards, Shelley G. Taub
ABSENT:
Vice Chairman Richard Skarritt
ALSO PRESENT:
Parks and Recreation
Oakland County Facilities Management
Oakland County Corporation Counsel
Southfield Parks and Recreation
South Oakland County Soccer Assoc.
Detroit Free Press
Southfield Sun Newspaper
Detroit News
INTRODUCTION:
Daniel Stencil, Executive Officer
Sue Wells, Administrator- Parks & Rec. Operations
Joe Figa, Chief of Design and Development
Janet Pung, Communications & Marketing & Officer
Sheila Cox, Accountant IV
Suzanne Kici, Office Assistant
Mike Hughson, Property Management Specialist
John Ross, Assistant Corporation Counsel
Bill Waterhouse, Director
Matt Ciaramitaro, President
Julie Edgar, Reporter
Jennifer Brock, Reporter
Maureen Feighan, Reporter
Executive Officer Dan Stencil introduced staff member Sue Kici, who will serve as a backup to record
minutes at parks commission meetings.
PUBLIC COMMENTS:
There were no public questions or comments.
URBAN RECREATION INITIATIVE PRESENTATION
Commission viewed a PowerPoint presentation on the proposed Urban Recreation Initiative, which
focuses on analyzing current conditions and future potential for recreation in existing and growing areas of
Oakland County.
Parks Executive Officer Dan Stencil noted staff hopes to have the .Initiative complete by late
summer/early fall.
CATALPA PARK - RESOLUTION:
Moved by Mr. Crawford, supported by Mr. Gregory to adopt the following resolution in
support of the assignment of the custody, control, and management of Catalpa Park to
the Oakland County Parks and Recreation Commission:
4a-1
(Special Commission Meeting, April 18, 2007)
WHEREAS, Catalpa Park, located in Southfield, has been used for28 years by residents
from throughout the region for recreation; and
WHEREAS, Oakland County purchased the 28.42-acre parcel from the Berkley School
District in 1964, to locate an office for the Oakland County Health Division; and
WHEREAS, since that time, the City of Southfield has leased the property to provide six
soccer and two baseball fields; and
WHEREAS, the executive branch of the County of Oakland has administered Catalpa
Park since 1964; and
WHEREAS, the Oakland County Executive has identified health and wellness as a
significant aspect of quality of life in Oakland County and is a strong advocate of parks and
recreation as an essential service to the residents of Oakland County; and
WHEREAS, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #06102 requesting that Oakland County Parks and Recreation Commission staff
investigate the feasibility of managing the 24.96-acre parcel as a county park and provide a report
of its findings to the General Government Committee; and
WHEREAS, the Oakland County Parks and Recreation Commission developed a
feasibility assessment report; and
WHEREAS, the report indicated that Oakland County Parks would manage Catalpa Park
if the property is transferred to Oakland County Parks and Recreation Commission; and
WHEREAS, the staff of the Oakland County Parks and Recreation Commission is
developing an Urban Recreation Initiative for the consideration of park acquisitions, facility
development, recreation programs, and support services; and
WHEREAS, the Oakland County Parks and Recreation Commission will continue to
make the property available for a wide variety of recreation activities for the residents of Oakland
County.
WHEREAS, the Oakland County Parks and Recreation Commission will work
cooperatively with the executive branch of the County of Oakland and the Oakland County Health
Division to ensure efficient operation between the two facilities at the site.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission agrees to transfer $725,000 to the Oakland County General Fund from the Future
Acquisitions and Improvements line item of its 2007 Capital Improvement Projects Budget, as
consideration for the assignment, in perpetuity, of the custody, control and management of the
24.96 acres known as Catalpa Park to the Oakland County Parks and Recreation Commission
from the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the 24.96-acre parcel will be named Catalpa Oaks for
public identification.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission will administer and manage the 24.96-acre parcel based upon direction as provided
4a-2
(Special Commission Meeting, April 18, 2007)
under P.A. 1965, No. 261 and as authorized by the Board of Supervisors Miscellaneous
Resolution #4531 dated February 8, 1966.
Commission
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
The next Commission meeting will be at 9:00 a.m. on Wednesday, May 2, 2007 at the White Oaks
Clubhouse.
The meeting was adjourned at 1:50 p.m.
J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary
4a-3
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PAYMENT APPROVAL SUMMARY
FOR MEETING OF:
May 2, 2007
INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER:
February (FM 5, FY 2007)
*PAYMENT REGISTER:
Voucher Report Period, February (FM 5, FY 2007)
TOTAL
$730,747.37
467,508.89
$1,198,256.26
*BACKUP INFORMATION IS AVAILABLE FOR REVIEW.
5-1
Oakland County Parks and 'r._ -reation Commission er
Internal service & Department Funds Payment Reg
For the month of February, 2007 (FM 05)
Amount
Purpose
Source Department/Fund $953.46
JE-27764 O.C.
Treasurers Office Credit card char es for Jan, -Glen Oaks, Mob. Rec., Grove., Inde ., Tob. Com lex & L on 2,416.28
JE-26714
O.C. General Fund Restitution for grounds dama es -Add. 1,352.00
JE-27159 O.C. Buildin & Liabili Insurance Fund Builders risk insurance credit-Wh. Lk. ., Wh. Lk., Glen OaksRed Oaks,
1,035.94
rFeAdd.,Grove.,O
ri
O.C. Printin ,Mailn & Co ier Fund Printin charges fo
PRTFEB07 Mob. Re Tob.0 ntr. & Lyon
629.58
10,
MLRFEB07 O.C. Printin ,Mailing &Copier Fund Mailing char es for Feb.-Admin.
33,312.19
Motor Poo! Fund Car/Truck {ease, mai'ndean W & Lks Glen Oaks, OaksASnrin RR O.W• Park, SACSWater.,
MP02/07 O.C. Add., Grove., Onon, p
Mob. Rec., W•O•W• Park, Tob. Complex, Nat. Cntr., Lyon & L on G.C. 1,189.71
5 & 28661 O.C. Faciities & Operations Fund Maintenance rep::, for Feb.-Rec. Admin., Glen Oaks &Water. 17 423.02
CAPCO2865 Wh.Lk.,
O.C. Information Technolo Fund Tele hone char, es for ord b.- d in., Rec, Ad
SACTWateSuW•O WaPark BMX, Nat. Cntr.,
JE-27592 Glen Oaks, S
L on & L on G.C. 2102g.31
t
N
JE-27468 & 27470 O.C. Drain Commission Fund Water &sewer char es for Feb. -Add. &Mar.-L on G. .
Securit char es for full-time staff for Feeb - Ldon & L e. G.C. , Wh. Lk., Red Oaks, S (in23,802.00
.,
on
JE-27649 O.C. General Fund R O.W. Park, Water., W.O.W. Park, On
Securi char es for art -time staff 1/20 thru 2/2 & 2/3 thru 2/16-Add., Grove., Orion, lode ., VVh• Lk 5,528.93
CAPCO28666 & 28669 O.C. General Fund Red Oaks, S ring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex, L yon, Lyon G.C. &Rose 218 852.55
PAY0026932 & 26933 O.C. Payroll Fund
Pa roll char es for pa period ending02IO2l07-All Parks 215,154.89
PAY0027566
O.C. payroll Fund Pa roll char es for pay period ending 02116/07-All Parks 108,002.16
PAY0026932 & 26933 O.C. Fringe Benefits Fund
Frio e Benefit char es for pay period endin 02/02/07 -All Parks 106,602.91
PAY0027566
O.C. Fringe Benefits Fund Frin e Benefit char es for aperiod. ending 02116/07-All Parks $730,747.37
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED
STATEMENT OF OPERATIONS
FM 5, FY 2007
(FOR MONTH ENDING 2/28107)
2007
YEAR TO
(OVER),
% OF
REVENUE
BUDGET
DATE
UNDER BUDGET
BUDGET
ADMINISTRATION: Millage Tax
$14,295,000.00
$10,803,090.70
$3,491,909.30
75.6%
Other
255,800.00
404,470.96
(148,670.96)
158.1%
GLEN OAKS GOLF COURSE
1,348,400.00
111,084.41
1,237,315.59
8.2%
LYON OAKS GOLF COURSE
1,449,000.00
118,767.63
1,330,232.37
8.2%
RED OAKS GOLF COURSE
404,600.00
27,482.00
377,118.00
6.8%
SPRINGFIELD OAKS GOLF COURSE
914,491.00
46,074.68
868,416.32
5.0%
WHITE LAKE OAKS GOLF COURSE
1,029,200.00
62,686.28
966,513.72
6.1%
INDEPENDENCE OAKS NATURE CENTER
50,100.00
13,845.73
36,254.27
27.6%
ADDISON OAKS
463,350.00
50,612.44
412,737.56
10.9%
ADDISON OAKS CONFERENCE CENTER
125,000.00
27,280.08
97,719.92
21.8%
GROVELAND OAKS
754,200.00
4,584.41
749,615.59
0.6%
INDEPENDENCE OAKS
316,800.00
48,644.08
268,155.92
15.4%
LYON OAKS
94,275.00
25,886.00
68,389.00
27.5%
ORION OAKS
86,000.00
34,714.00
51,286.00
40.4%
ROSE OAKS
1,700.00
180.00
1,520.00
10.6%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
3,000.00
788.33
2,211.67
26.3%
WATERFORD OAKS ACTIVITY CENTER/PARK
30,850.00
7,277.70
23,572.30
23.6%
RECREATION ADMINISTRATION
46,350.00
17,433.50
28,916.50
37.6%
MOBILE RECREATION
367,600.00
96,860.50
270,739.50
26.3%
RED OAKS WATERPARK
836,000.00
(273.71)
836,273.71
0.0%
WATERFORD OAKS BMX COMPLEX
17,100.00
0.00
17,100.00
0.0%
WATERFORD OAKS GAMES COMPLEX
22,500.00
7,834.00
14,666.00
34.8%
WATERFORD OAKS TOBOGGAN COMPLEX
123,500.00
93,525.58
29,974.42
75.7%
WATERFORD OAKS WATERPARK
794,500.00
100.91
794,399.09
0.0%
TOTAL REVENUE
$23,829,316.00
$12,002,950.21
$11,826,365.79
50.4%
OPERATING EXPENSES
ADMINISTRATION
$4,175,482.00
$1,429,355.68
$2,746,126.32
34.2%
GLEN OAKS GOLF COURSE
1,244,373.00
439,749.03
804,623.97
35.3%
LYON OAKS GOLF COURSE
2,340,948.00
615,898.04
1,725,049.96
26.3%
RED OAKS GOLF COURSE
783,736.00
201,991.80
581,744.20
25.8%
SPRINGFIELD OAKS GOLF COURSE
1,304,866.00
269,941,26
1,034,924.74
20.7%
WHITE LAKE OAKS GOLF COURSE
1,031,398.00
313,340.07
718,057.93
30.4%
INDEPENDENCE OAKS NATURE CENTER
643,375.00
228,867.99
414,507.01
35.6%
ADDISON OAKS
1,717,668.00
432,526.56
1,285,141.44
25.2%
ADDISON OAKS CONFERENCE CENTER
177,900.00
37,583.69
140,316.31
21.1%
GROVELAND OAKS
1,453,774.00
267,344.06
1,186,429.94
18.4%
INDEPENDENCE OAKS
1,201,167.00
335,196.29
865,970.71
27.9%
LYON OAKS
477,431.00
161,524.02
315,906.98
33.8%
ORION OAKS
166,787.00
36,948.95
129,838.05
22.2%
ROSE OAKS
33,092.00
6,255.53
26,836.47
18.9%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
355,456.00
55,175.03
300,280.97
15.5%
WATERFORD OAKS ACTIVITY CENTER/PARK
599,029.00
203,018.71
396,010.29
33.9%
RECREATION ADMINISTRATION
528,359.00
235,480.22
292,878.78
44.6%
MOBILE RECREATION
801,458.00
178,584.65
622,873.35
22.3%
RED OAKS WATERPARK
1,646,493.00
403,966.99
1,242,526.01
24.5%
WATERFORD OAKS BMX COMPLEX
47,974.00
5,565.62
42,408.38
11.6%
WATERFORD OAKS GAMES COMPLEX
40,636.00
9,516.21
31,119.79
23.4%
WATERFORD OAKS TOBOGGAN COMPLEX
331,735.00
187,911.33
143,823.67
56.6%
WATERFORD OAKS WATERPARK
1,323,290.00
173,199.15
1,150,090.85
13.1%
TECHNICAL SUPPORT
1,467,365.00
547,719.97
919,645.03
37.3%
CONTINGENCY/INTERNAL SERVICE CHARGES*
600,000.00
30,550.15
569,449.85
N/A
TOTAL OPERATING EXPENSES
$24,493,792.00
$6,807,211.00
$17,686,581.00
27.8%
REVENUE OVER/(UNDER) EXPENSES
($664,476.00)
$5,195,739.21
($5,860,215.21)
2007
2006
ACTUAL REVENUE TO DATE:
50.4%
51.8%
BUDGET BALANCE:
49.6%
48.2%
ACTUAL EXPENSE TO DATE:
27.8%
28.2%
BUDGET BALANCE:
72.2%
71.8%
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
6-1
(Page 1 of 2)
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
REVENUE AND EXPENSE COMPARISON
FM 5, FY 2007
(FOR MONTH ENDING 2/28/07)
PARK
ADMINISTRATION
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
$11,207,561.66
111,084.41
118,767.63
27,482.00
46,074.68
62,686.28
13,845.73
50,612.44
27,280.08
4,584.41
48,644.08
25,886.00
34,714.00
180.00
788.33
7,277.70
17,433.50
96,860.50
(273.71)
0.00
7,834.00
93,525.58
100.91
0.00
0.00
$12,002,950.21
YEAR TO DATE
EXPENSE
$1,429,355.68
439,749.03
615,898.04
201,991.80
269,941.26
313,340.07
228,867.99
432,526.56
37,583.69
267,344.06
335,196.29
161,524.02
36,948.95
6,255.53
55,175.03
203,018.71
235,480.22
178,584.65
403,966.99
5,565.62
9,516.21
187,911.33
173,199.15
547,719.97
30,550.15
$6,807,211.00
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
REVENUE OVER
(UNDER) EXP.
$9,778,205,98
(328,664.62)
(497,130.41)
(174,509.80)
(223,866.58)
(250,653.79)
(215,022.26)
(381,914.12)
(10,303.61)
(262,759.65)
(286,552.21)
(135,638.02)
(2,234.95)
(6,075.53)
(54,386.70)
(195,741.01)
(218,046.72)
(81, 724.15)
(404,240.70)
(5,565.62)
(1,682.21)
(94,385.75)
(173,098.24)
(547,719.97)
(30,550.15)
$5,195,739.21
(Page 2 of 2)
6-2
ACTIVITY REPORT
MARCH, 2007 (FM06, FY2007)
* Not included in program totals - only in combined totals.
In-house events are counted in facility totals.
ADDISON OAKS PARK
Campers
Day Use
Day Campers
*ADDISON OAKS CONFERENCE CENTER
GROVELAND OAKS PARK
Campers
Day Use
Day Campers
INDEPENDENCE OAKS PARK
Day Use
Day Campers
Overnight Youth Group Campers
LYON OAKS PARK
Day Use
Bark Park
ORION OAKS PARK
Day Use
Bark Park
ROSE OAKS PARK
Day Use
SPRINGFIELD OAKS ACTIVITY CENTER
Day Use
4-H Fair
*Banquet Facilities
WATERFORD OAKS
Activity Center - non banquet
*Banquet Facilities - Activity Center
Day Use
TOTAL CAMPERS
TOTAL DAY USE
TOTAL DAY CAMPERS
TOTAL OVERNIGHT YOUTH GROUP CAMPERS
TOTAL BARK PARK
TOTAL 4-H FAIR
TOTAL ACTIVITY CENTER -NON BANQUET
OAAKLAND
PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
FM06, FY06
FM06, FY07 FY20061
FY2007
0
0
5,004
5,998
98
0
3,115
3,950
0
0
0
0
2,064
2,340
15,189
14,469
0
0
0
0
0
0
0
0
0
0
0
0
12,758
12,945
73,189
81,625
0
0
0
1,391
0
24
117
990
48
234
1,280
3,584
1,539
1,900
10,458
24,102
928
1,368
8,160
6,978
1,338
5,928
17,082
32,232
133
184
5,439
6,312
1,085
777
2,441
7,139
0
0
0
0
1,443
2,052
16,234
16,667
0
456
4,136
3,217
0
250
315
997
6,092
1,166
13,057
1 8,722
0
0
5,004
5,998
21,142
16,674
106,681
118,310
0
0
0
1,391
0
24
117
990
2,877
7,828
27,540
56,334
0
0
0
0
0
456
4,136
3,217
06-07 ACTIVITY REPORT.As, MAR07 7-1 of 4
ACTIVITY REPORT 0,AAKLAND
MARCH, 2007 (FM06, FY2007)• : ;'
GOLF COURSES
in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
F_
e events are counted in facility totals. FMO6,FY06
FM06,FYO7 FY2006
FY2007
Ecluded
OAKSds
Played - 9 Holes
331
510
3,244
2,651
Rounds Played - 18 Holes
48
113
1,454
1,103
*Banquet Facilities
4,602
3,139
24,918
21,205
**Grill Room (**Not included in totals)
0
0
1,273
774
LYON OAKS
Rounds Played - 9 Holes
28
12
348
259
Rounds Played - 18 Holes
82
42
2,539
1,782
Driving range
102
45
1,902
760
*Banquet Facilities
339
1,527
5,745
7,057
**Grill Room (**Not included in totals)
21
50
2,606
1,580
RED OAKS
Rounds Played - 9 Holes
187
342
3,234
1,970
SPRINGFIELD OAKS
Rounds Played - 9 Holes
85
314
1 1,596
1,451
Rounds Played - 18 Holes
102
355
2,984
2,138
**Grill Room (**Not included in totals)
0
0
1,468
888
WHITE LAKE OAKS
Rounds Played - 9 Holes
0
318
2,203
1,870
Rounds Played - 18 Holes
0
184
1,468
1,291
*Banquet Facilities
0
2,405
0
7,062
**Grill Room (**Not included in totals)
0
250
0
1,072
TOTAL ROUNDS PLAYED - 9 HOLES
631
1,496
10,625
8,201
TOTAL ROUNDS PLAYED -18 HOLES
232
694
8,445
6,314
TOTAL DRIVING RANGE
102
45
1,902
760
06-07 ACTIVITY REPORT.As, MAR07 7- 2 of 4
ACTIVITY REPORT ^�AKLAND
MARCH, 2007 (FM06, FY2007)
RECREATION,.
Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. I FM06,FY06
FMO6,FYO7 FY20061
FY2007
MOBILE RECREATION
Bleachers
0
0
12
12
Bouncers
1,310
1,010
5,130
5,255
Bus
1,710
1,350
8,685
7,605
Climbing Wall/Tower
0
0
500
500
Dunk Tank
0
0
0
233
Inline Skate Mobile/Hockey Mobile
0
0
0
0
Puppet
0
0
170
170
Show Mobile
0
0
8
36
Adventure Sport Mobile
0
0
0
120
Tents
0
11
21
14
Camps
0
0
0
0
Miscellaneous
0
0
0
0
WATERFORD OAKS BMX
0
0
0
0
WATERFORD OAKS COURT GAMES COMPLEX
35
0
204
640
WATERFORD OAKS FRIDGE
1,090
1,917
18,571
21,063
WATERFORD OAKS LOOKOUT LODGE
520
40
1,842
1,589
WATERFORD OAKS WATERPARK
0
0
0
0
RED OAKS WATERPARK
0
0
0
0
THERAPEUTIC EVENTS
936
819
3,994
3,320
SENIOR EVENTS
314
247
1,755
988
TOTAL MOBILE RECREATION VISITS
3,0561
5,3941
14,5261
13,945
TOTAL FACILITIES AND SPECIAL EVENTS
2,895
3,023
26,366
27,600
06-07 ACTIVITY REPORT.As, MAR07 7-3 of 4
ACTIVITY REPORT
MARCH, 2007 (FM06, FY2007)
(,)�AAKLAND
PARTICIPANTS (MONTH) I PARTICIPANTS (YTD)
In-house events are counted in facility totals. FM06,FY06
FMO6,FY071 FY2006
FY2007
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
2,259
2,0451
12,4521
11,379
Outreach Visits
665
408
4,532
2,104
**Trail Usage (**Not included in totals)
6,751
7,118
43,163
47,617
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
400
315
2,146
1,936
Outreach Visits
195
437
892
956
**Trail Usage (**Not included in totals)
105
120
1,568
3,756
TOTAL NATURE CENTERS
1 2,659
1 2,360
1 14,598
13,315
TOTAL OUTREACH VISITS
860
845
5,424
1 3,060
PARTICIPANTS (MONTH)
PARTICIPANTS (YTD)
FM06,FY06
FM06,FY07
FY2006
FY2007
DAY USE PARKS
24,019
24,982
143,478
186,240
GOLF COURSES
965
2,235
20,972
15,275
RECREATION, FACILITIES AND SPECIAL EVENTS
5,950
8,417
40,892
41,545
NATURE INTERPRETIVE SERVICES
3,5191
3,205
20,022
16,375
BANQUET FACILITIES
8,448
1 11,713
62,401
67,457
GRAND TOTALS
42,901
1 50,5521
287,765
1 326,892
Therapeutic/Senior Event Breakdown
TR: St. Patrick-106; Sports-ability-57; Royal Oak-86; B-ball-64; Expo -Ann Arbor-204; Jr. Bball-186;
Mighty Oaks-84; Beaumont-32:
SR: Volleyball-153; Tennis-56; Softball-38
REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. I I I I
06-07 ACTIVITY REPORT.As, MAR07 7- 4 of 4
ITEM #8
AWARD PRESENTATIONS
Waterford Oaks Park staff were recently recognized by the participants of
the Yolkland Easter Event for having the best activity area for this event. Park
staff has been involved with the event for the past seven years and has done an
exceptional job in the set-up and operation. Each year the event brings over
2,000 people to the Waterford Oaks County Park.
Also, Oakland County Parks recently received the following award at the
2007 MRPA Therapeutic Recreation Institute: The Excellence in TR Program
Development Award recognizes a hospital, agency, department for innovation
and breadth of service in TR program development. The award is given to
acknowledge the accomplishments and consistently high standards in either the
clinical or community setting.
8-1
ITEM # 9
FISCAL YEAR 2006 AUDIT REPORT
Enclosed is a copy of the audit report from Plante & Moran for the Fiscal Year 2006
financial records of the Oakland County Parks and Recreation Commission. The report
shows we are in sound financial condition. The net worth of the Commission as of
September 30, 2006 as indicated on page 2 of the Management Discussion and Analysis
section was $81,412,330. This includes a Capital Assets, net of accumulated depreciation
and related debt, balance of $63,143,790 and an Unrestricted fund balance of
$18,268,540. However, most of the $18,268,540 was already included in the Fiscal Year
2007 Capital Improvement Budget as a funding source. The difference will be
incorporated into the Fiscal Year 2008 Capital Improvement Budget. Total Liabilities
include current and long-term capital lease obligations of $2,125,000 related to the Lyon
Oaks Bond.
Our revenue budget had a favorable variance of $667,856 as shown on page 15
and our expense budget had a favorable variance of $2,019,750 as shown on page 16.
This resulted in $796,145 more for capital projects than originally budgeted and $117,517
more than the Fiscal Year 2006 revised budget estimate figures we used in the Fiscal
Year 2007 Capital Improvement Budget (the additional $117,517 will be incorporated into
the Fiscal Year 2008 Capital Improvement Budget).
As indicated on page 16 of the audit report, two of our cost centers show an excess
of actual expenditures over budget*, however, the total actual expenses for operations are
under the total budget. Therefore, in compliance with the Michigan Uniform Local
Budgeting Act and the Commission By-laws, staff recommends the Commission amend
the Fiscal Year 2006 operating budget to $20,522,469, with the individual amounts for
each cost center to be the same as those shown in the "Actual" column of page 16 of the
report.
Please contact Frank Trionfi, 858-4607, or Sheila Cox, 858-4612, if you have any
questions.
*See page 2 for the Revenue and Expense Variance explanations
D:\$Data\My documents\SMC\MS Word\C AGENDA\AuditReport2006.doc
9-1
Fiscal Year 2006 Audit Report
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
FISCAL YEAR 2006 REVENUE AND EXPENSE OVER BUDGET VARIANCE
SUMMARY
Revenue Expense
Favorable Favorable
(Unfavorable) (Unfavorable)
2006 Budget 2006 Budget
Park/Budget Center Actual Variance Actual Variance
Addison Oaks Park $ 402,757 $ (46,631) $ 1,677,301 $ (44,301)
Waterford Oaks BMX Complex $ 16,291 $ (1,173) $ 60,739 $ (3,239)
Largest Line Items Expense Variance
Addison Oaks Park Equipment and Grounds Maintenance
Waterford Oaks BMX Complex Part Time Salaries
D:\$Data\My documents\SMC\MS Excel\Audit\
Audit Rpt, Rev & Exp Variances.xls FY2006 9-2
ITEM #10
LEASE AMENDMENT
RED OAKS GOLF COURSE
Attached for your review is a copy of the proposed amendment to the
lease between the George W. Kuhn Drainage District and the County of Oakland
for the Red Oaks Golf Course.
The amendment incorporates a .0779-acre parcel of land contiguous with
the golf course that was acquired by way of tax deed.
These documents were received just prior to the agenda deadline.
Oakland County Corporation Counsel did not have the opportunity to review
them prior to distribution of the agenda.
Staff recommends Commission approval of the resolution. The
amendment will be forwarded through the appropriate committees for final
approval by the Oakland County Board of Commissioners.
10-1
RESOLUTION
RED OAKS GOLF COURSE LEASE AMENDMENT
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular
meeting of May 5, 2004, authorized the department to enter into a lease for the property at the
Red Oaks Golf Course to allow for the renovation of the golf course; and
WHEREAS, the Oakland County Parks and Recreation Commission committed $3
million in funds for this endeavor; and
WHEREAS, the residents of Oakland County are the benefactors; and
WHEREAS, the funding for this project was allocated from the Oakland County Parks
and Recreation Commission Capital Improvement Projects Budget; and
WHEREAS, the construction, operational, and maintenance costs of this facility will be
paid for by fees and charges and Parks millage revenues; and
WHEREAS, said lease, which was developed by Oakland County Drain Commission
staff and counsel, Park staff, and Oakland County Corporation Counsel, is for a period of 50
years; and
WHEREAS, said lease, which is between the County of Oakland and the George W.
Kuhn Drainage District, is for the amount of $1 annually; and
WHEREAS, Parcel Number 25-12-203-007, contiguous to the Red Oaks Golf Course,
was acquired by the George W. Kuhn Drainage District by way of tax deed; and
WHEREAS, the George W. Kuhn Drainage District and the Oakland County Parks and
Recreation Commission desire to include Parcel Number 25-12-203-007 as part of the leased
premises set forth in the lease dated August 24, 2006.
NOW THEREFORE BE IT RESOLVED to amend the lease between the Drainage Board
for the George W. Kuhn Drainage District and the County of Oakland dated August 24, 2006 to
add Parcel Number 25-12-203-007, which is contiguous to the Red Oaks Golf Course.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby recommends the Oakland County Board of Commissioners approves and
accepts the terms and conditions of the attached amendment to the lease.
Moved by
Supported by
Dated:
D:\$Data\My documents\Resolutions\2007\0112007 ROGC Lease Amendment.doc
10-2
Form DC-001
OAKLAND COUNTY
DRAIN COMMISSIONER
TO: Dan Stencil, Executive Officer
Oakland County Parks & Recreation
FROM: Joseph W. Colaianne
ATWUS-1� Uv
Cc: John P. McCulloch
Joseph Kozma, P.E., Deputy & Manager Engineering and Construction
SUBJECT: George W. Kuhn Drain District
Amendment to Red Oaks Golf Course Lease
DATE: April 25, 2007
Pursuant to our discussions, please find attached an amendment to the Red Oaks Golf Course lease.
As you may recall, the Drain District acquired by way of tax deed parcel number 25-12-203-007 which
is contiguous to the Red Oaks Golf Course. The amendment add this parcel to the Red Oaks Golf
Course premises.
JOHN P. McCULLOCH
OAKLAND COUNTY DRAIN COMMISSIONER
Page 1 of 1 Rev.: 08/22/01
10-3
FIRST AMENDMENT TO
OAKLAND COUNTY RED OAKS GOLF COURSE
LEASE
This AGREEMENT is made on this day of
2007, by and between the DRAINAGE BOARD for the GEORGE W. KUHN
DRAINAGE DISTRICT, a Michigan statutory public corporation, established pursuant
to Chapter 20 of the Drain Code of 1956, 1956 P.A. 40, as amended, MCL 280.461 et
seq., by and through the Drainage Board for said district, whose address is 1 Public
Works Drive, Waterford Michigan (hereinafter "LESSOR"), and the COUNTY OF
OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph
Road, Pontiac, Michigan (hereinafter "LESSEE").
WHEREAS, the LESSOR and LESSEE entered into a Lease (`Lease") dated
August 24, 2004 to lease certain premises set forth in that agreement; and,
WHEREAS, the LESSOR acquired additional property contiguous to the Red
Oaks Golf Course and is desirous to add this property to the LEASED PREMISES set
forth in the Lease; and
NOW, THEREFORE, in consideration of these premises and the mutual
promises, representations, and agreements set forth in this agreement, and for other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
the PARTIES agree as follows:
1. LEASED PREMISES. The following parcel described as follows, is added
and is part of the Leased Premises set forth Lease dated August 24, 2006:
T1N, R11E, Sec 12 Ambassador Sub No 2 Outlot A
Commonly referred to as 30715 Winthrop, Madison Heights,
Michigan
Parcel No. 44-25-203-007
Subject to any easements and building restrictions of record.
2. TERMS. This Agreement will commence upon approval of the County
Board of Commissioners and Drainage Board and extend for the same
10-4
period set forth in the Lease dated August 24, 2006 and may be renewed
or extended by written agreement between the parties.
3. The PARTIES agree that this Agreement is an amendment to the Lease
dated August 24, 2006. All terms and conditions set for in the Lease
remain in full force an effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this Agreement,
and for other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned hereby execute this Agreement on behalf of the
Parties, and by doing so legally obligate and bind the Parties to the terms and conditions
of this lease.
GEORGE W. KUHN DRAINAGE DISTRICT ("LESSOR")
John P. McCulloch,
Oakland County Drain Commissioner and Chairperson
Drainage Board for the George W. Kuhn Drainage District
COUNTY OF OAKLAND ("LESSEE")
ME
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Prepared by:
Joseph W. Colaianne
Attorney & Ins. Administrator
For the Drainage District
2
10-5
2512203015
GRIFFIN, JOSEPH G & CHRISTIN
2512203011
COUNTY OF OAKLAND
r
2512128034 �= , 2512203020
GEORGE W KUHN DRAIN DRAINAGE !
` 'BURGER, PAMELA M
{
� 4
a
# 1
g"" — ----
} 251220300 r °
f z r%r
s
WK
City of
Madison -
f a heights ----- --_ — -
/' 2512254043
Q HOLT, STEVEN T & CATHERINE S
O
2512254041
MCINTOSH, RICK
2512254001
HARM, EDWIN L & DELORES
-- t
0
0
n�
Q
2512254035
CITY OF MADISON HEIGHTS
a
2512254002 r
MINISH, VINCENT P���� > >
{ .s
— 2512254003 2 Y
OLLILA, JOHN
10-6
ITEM #11
LEASE AMENDMENT
RED OAKS WATERPARK
Attached for your review is a copy of the proposed amendment to the
lease between the George W. Kuhn Drainage District and the County of Oakland
for the Red Oaks Waterpark.
The amendment incorporates additional property for the purpose of
overflow parking for the waterpark and for the purpose of a dog park.
These documents were received just prior to the agenda deadline.
Oakland County Corporation Counsel did not have the opportunity to review
them prior to distribution of the agenda.
Staff recommends Commission approval of the resolution. The
amendment will be forwarded through the appropriate committees for final
approval by the Oakland County Board of Commissioners.
RESOLUTION
RED OAKS WATERPARK LEASE AMENDMENT
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular
meeting of May 5, 2004, authorized the department to enter into a lease for the property at the
Red Oaks Waterpark to allow for the addition of new water features; and
WHEREAS, the Oakland County Parks and Recreation Commission committed $3
million in funds for this endeavor; and
WHEREAS, the residents of Oakland County are the benefactors; and
WHEREAS, the funding for this project was allocated from the Oakland County Parks
and Recreation Commission Capital Improvement Projects Budget; and
WHEREAS, the construction, operational, and maintenance costs of this facility will be
paid for by fees and charges and Parks millage revenues; and
WHEREAS, said lease, which was developed by Oakland County Drain Commission
staff and counsel, Park staff, and Oakland County Corporation Counsel, is for a period of 50
years; and
WHEREAS, said lease, which is between the County of Oakland and the George W.
Kuhn Drainage District, is for the amount of $1 annually; and
WHEREAS, the Oakland County Parks and Recreation Commission desires to lease
additional property owned by the George W. Kuhn Drainage District for the purpose of overflow
parking for the waterpark facilities and for the purpose of a "dog park" open for use by the
public; and
WHEREAS, the George W. Kuhn Drainage District and the Oakland County Parks and
Recreation Commission desire to include six areas as described in Exhibit B, as attached, as
part of the leased premises set forth in the lease dated August 24, 2006.
NOW THEREFORE BE IT RESOLVED to amend the lease between the Drainage Board
for the George W. Kuhn Drainage District and the County of Oakland dated August 24, 2006 for
the use of the Red Oaks Waterpark to include six areas as described in Exhibit B, as attached,
for the purpose of overflow parking for the waterpark facilities and for the purpose of a "dog
park."
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby recommends the Oakland County Board of Commissioners approves and
accepts the terms and conditions of the attached amendment to the lease.
Moved by
Supported by
Dated:
D:\$Data\My documents\Resolutions\2007\0122007 ROWP Lease Amendment.doc
11-2
Form DC-001
OAKLAND COUNTY
DRAIN COMMISSIONER
TO: Dan Stencil, Executive Officer
Oakland County Parks & Recreation
FROM: Joseph W. Colaianne
Cc: John P. McCulloch
Joseph Kozma, P.E., Deputy & Manager Engineering and Construction
SUBJECT: George W. Kuhn Drain District
Amendment to Water Park Lease — Property for Overflow Parking and Dog Areas
DATE: April 25, 2007
Pursuant to our discussions, please find attached an amendment to the Red Oaks Water Park lease
amending the lease to add the areas for the overflow parking for the Water Park and the Dog Areas.
The amendment is based on the Exhibit B that describes each of the areas and use.
JOHN P. McCULLOCH
OAKLAND COUNTY DRAIN COMMISSIONER
}}We 1 of 1 Rev.: 08/22/01
FIRST AMENDMENT TO
OAKLAND COUNTY RED OAKS WATER PARK
LEASE
This AGREEMENT is made on this day of ,
20065 by and between the HENRY GRAHAM DRAINAGE DISTRICT and the
GEORGE W. KUHN DRAINAGE DISTRICT, Michigan statutory public corporations,
established pursuant to Chapter 20 of the Drain Code of 1956, 1956 P.A. 40, as amended,
MCL 280.461 et seq., by and through the Drainage Board for each district, whose address
is 1 Public Works Drive, Waterford Michigan (hereinafter "LESSOR"), and the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is
1200 N. Telegraph Road, Pontiac, Michigan (hereinafter "LESSEE"). In this Agreement,
either the LESSOR and/or the LESSEE may also be referred to individually as a "Party"
or jointly as "Parties."
RECITATIONS:
WHEREAS the LESSOR and LESSEE entered into a Lease (`Lease") dated
August 24 2004 to lease certain premises set forth in that agreement; and,
WHEREAS the LESSEE is desirous to lease additional property owned by the
LESSOR for the purpose of overflow parking for the WATERPARK FACILITIES and
for the purpose of a "Dog Park" open for use by the public.
NOW, THEREFORE, in consideration of these premises and the mutual
promises, representations, and agreements set forth in this agreement, and for other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
the PARTIES agree as follows
1. LEASED PREMISES. In addition to the property set for in the Lease dated
August 24, 2006 LESSOR agrees to lease real property in the City of Madison
Heights, Michigan (hereinafter "PREMISES") as described in "Exhibit B"
attached hereto subject to all easements and other conditions set forth herein.
There are six (6) areas affected by this agreement and identified in the attached
Exhibit `B". Each area and the use is identified as follows:
• Area 1 Dog Area and Overflow Lawn Parking.
• Area 2 Dog Area and Overflow Lawn Parking.
11-4
• Area 3 Construction staging are for Drain District and future Dog
Area.
• Area 4 Includes Phases I & II of vehicle Parking are, landscape
buff along southeast property line, open space over the RTF and a 20' x
28' Pavilion.
• Area 5 OCDC Maintenance area for Pump House and Drain
• Area 6 Shared Access Maintenance and dog parking lot with
access drive from Dequindre Road.
2. TERMS. This Agreement will commence upon approval of the County Board of
Commissioners and Drainage Board and extend for the same period set forth in
the Lease dated August 24, 2006 and may be renewed or extended by written
agreement between the parties.
3. "OVERFLOW PARKING AND DOG PARK." Except as other provided herein
or as may be limited in accordance with the provisions contained in the Lease
dated August 24, 2006, LESSEE, by and through its Parks & Recreation
Commission, may use the PREMISES described in Exhibit `B" purposes set forth
in paragraph 1. LESSEE, by and through its Parks and Recreation Commission,
shall be solely responsible for the expenses of construction, maintenance, and
upkeep of the PREMISES, including lawn and fence maintenance and security of
the PREMISES.
4. It is understood that from time to time, LESSOR will require the use of the
Premises in its operations of the drain, sewer and pollution control facilities.
Specifically, LESSOR will require the use of the Premises as a drying bed for
sludge. Recognizing the paramount rights of the LESSOR as set forth in the Lease
dated August 24, 2006, LESSEE agrees this use of the premises by LESSOR.
During such times, LESSOR shall be permitted to close off portions of the
PREMISES.
5. LESSEE shall secure required approvals from any federal, state or municipal
agencies, utility companies that may be required for the construction,
2
11-5
maintenance, repair, alteration or demolition of any improvements to the
PREMISES.
6. LESSEE shall submit for review and approval all plans and specification to
LESSOR prior to the construction of any improvements necessary for the
Overflow Parking and Dog Park.
7. LESSEE shall maintain insurance or self insurance to protect LESSOR from any
and all liability arising from LESSEE'S construction, operation, maintenance and
use of the PREMISES described herein.
8. The PARTIES agree that this Agreement is an amendment to the Lease dated
August 24, 2006. All terms and conditions set for in the Lease remain in full force
an effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this Agreement,
and for other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned hereby execute this lease on behalf of the Parties,
and by doing so legally obligate and bind the Parties to the terms and conditions of this
lease.
HENRY GRAHAM DRAINAGE DISTRICT
And GEORGE W. KUHN DRAINAGE DISTRICT ("LESSOR")
John P. McCulloch,
Oakland County Drain Commissioner and Chairperson
Drainage Board for the Henry Graham Drainage District and the George W.
Kuhn Drainage District
COUNTY OF OAKLAND ("LESSEE")
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
3
11-6
EXISTING
VATERPARK
N
I
V
AGREI- Uff AREA MS do AREA N2 AGREII'ETR AREA #3
Includes Lug Areas #1 & #2 (3.3 Acres) and the Red �� �' E� ..... Construction staging area for OCDC —Contract #6
Oaks Vaterpark Overflow Lawn Parking. '25.101, 3: ?, and a Future Dog Area #3 (L9 Acres)
Includes Phase I & II of the vehicle parking area,
landscape buffer Bong southeast property line, open
space over the RTF, 8' gravel paths and the 20'x28'
Mutt Hutt (Pavilion)
AGREt`1E1JT AREA N6
Includes a combined maintenance and dog parking lot
access drive from Dequindre Road
InAREA N5
Includes the Oddand County Drain Commissioner,
maintenance area, pump house and the Henry Gran
Station.
DESIGN & IEA10PMENT
2800 `e/ATKINS LAKE ROAD
VATERFORD, MICHIGAN 48328
MICHAEL J. DONNEILON, IR.
(248) 858-4623 OMCE
(248) 858-1683 FAX
donnellonm®co. oddand. mL us
RID OAKS VATERPARK
i �1�1�\ 1 t A V
AGRU FNT MET B
1455 E T"RTEIN Milli ROAD
MADISON HIEGHTS, MICHGAN 48071
Revised 3-13-07 MD
ITEM #12
LICENSE, USE AND MAINTENANCE AGREEMENT
RED OAKS WATERPARK
Attached for your review is a copy of the proposed License, Use and
Maintenance Agreement relating to the proposed operation and maintenance of
the new soccer complex being constructed by the Drain District in Madison
Heights.
The Agreement will provide for long-term operation and maintenance of
the district property. The city of Madison Heights will have the primary
responsibility for the operation and maintenance of the soccer complex, while the
Oakland County Parks and Recreation Commission will have oversight
responsibilities. In addition, the Parks Commission will be permitted to place
signs or other promotional advertising on the site. As part of the consideration,
the Parks Commission will commit $250,000 to the construction of the soccer
fields and playground to be located on the site.
These documents were received just prior to the agenda deadline.
Oakland County Corporation Counsel did not have the opportunity to review
them prior to distribution of the agenda.
Staff recommends Commission approval of the Agreement.
12-1
Form DC-001
OAKLAND COUNTY
DRAIN COMMISSIONER
TO: Dan Stencil, Executive Officer
Oakland County Parks & Recreation
FROM: Joseph W. Colaianne
MEMORANDUM
Cc: John P. McCulloch
Joseph Kozma, P.E., Deputy & Manager Engineering and Construction
SUBJECT: George W. Kuhn Drain District
License, Use & Maintenance Agreement — Madison Heights Soccer Complex
DATE: April 25, 2007
Pursuant to our discussions, please find attached the "License, Use and Maintenance Agreement"
relating to the proposed operation and maintenance of the new Soccer Complex being constructed by
the Drain District in Madison Heights. As you are aware, this Office negotiated with the City of
Madison Heights and Parks & Recreation to provide long term operation and maintenance of drain
district property. The City will be have the primary responsibility for the operation and maintenance
of the soccer complex, while the Parks and Recreation will have oversight responsibilities. In addition,
Park & Recreation will be permitted to place signs or other promotional advertising on the site. As part
of the consideration, Parks and Recreation has proposed to commit $250,000 to the construction of
the soccer fields and playground to be located on the site.
Please be advised that I have sent this agreement to Madison Heights for their review and approval,
however, it has not been finalized at the time of this memorandum.
JOHN P. McCULLOCH
OAKLAND COUNTY DRAIN COMMISSIONER
Pale 1 of 1 Rev.: 08/22/01
LICENSE, USE AND
MAINTENANCE AGREEMENT
This AGREEMENT is made on this day of , 2005 by
and between the GEORGE W. KUHN DRAINAGE DISTRICT, a Michigan statutory
public corporation, established pursuant to Chapter 20 of the Drain Code of 1956, 1956
P.A. 40, as amended, MCL 280.461 et seq., by and through the Drainage Board, whose
address is 1 Public Works Drive, Waterford Michigan (hereinafter "DISTRICT"), the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by and through its
Parks and Recreation Commission, whose address is 1200 N. Telegraph Road,
Pontiac, Michigan (hereafter "Parks & Recreation"), and the CITY OF MADISON
HEIGHTS, a Michigan Municipal Corporation, whose address is 300 West Thirteen Mile
Road, Madison Heights, Michigan 48071 (hereinafter "CITY"). In this Agreement, either
the District, Parks & Recreation and/or the City may also be referred to individually as a
"Party" or jointly as "Parties."
RECITATIONS:
WHEREAS, the DISTRICT is the fee owner of certain real property located on
west side of John R. Road, East of 1-75 between 12 Mile Road and 13 Mile Road, in the
CITY, and as set forth in the attached Exhibit "A" (soccer site plan); and,
WHEREAS, the DISTRICT requires on -going maintenance of the surface area of
the DISTRICT'S property as described; and,
WHEREAS, the CITY desires to operate and maintain soccer fields, over and
within the DISTRICT'S property as described; and,
WHEREAS, Oakland County PARKS & RECREATION operates and maintains
the Red Oaks Golf Course, Red Oaks Water Park and other recreation facilities in the
CITY and desires to contribute to the new soccer facilities, playground, to provide sign
and other promotion of recreational opportunities in the CITY; and,
WHEREAS, the CITY and Oakland County PARKS & RECREATION
acknowledge and accept the paramount rights of the DISTRICT to permanently maintain
and control usage of the DISTRICT'S property.
12-3
NOW, THEREFORE, in consideration of these premises and the mutual
promises, representations, and agreements set forth in this Agreement, and for other
good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Parties mutually agree as follows:
1. PREMISES. The CITY agrees to operate and maintain the Premises as
described herein and more fully set forth in "Exhibit A," subject to all easements
and other conditions set forth in this agreement.
2. TERM. This Agreement shall commence on July 1, 2007_and extend for 25
years, terminating on June 30, 2032.
3. "SOCCER COMPLEX": The CITY shall be responsible for the expenses of
operating, maintaining and liability for the operation and maintenance of the
"Soccer Complex" installed upon the PREMISES as provided below: I
a. Except as otherwise provided in this agreement, after construction of the
"Soccer Complex", the CITY shall be responsible for all future
maintenance, repairs, liability for operation and maintenance or other
activity in relation to the " Soccer Complex", including lawn maintenance,
soccer fields, parking lot and concession building maintenance of the
PREMISES, and any expenses of any type in connection therewith or
arising therefrom, shall be the sole responsibility of the CITY. The City
shall keep the Premises in good repair, wear and tear from reasonable
use and damage excepted.
b. The CITY shall secure required approvals, if any, from any federal, state
or municipal agencies, utility companies, which may be required for the
maintenance, repair or alteration of the "Soccer Complex."
c. The CITY agrees, at its own expense, to promptly comply with all
applicable federal, state and municipal laws and regulations affecting the
Premises.
d. The CITY shall comply with all easements or rights -of -way on the
property. The CITY shall not interfere with or impair the rights of any
easement holder, and shall use or employ necessary safeguards to
prevent any such interference or impairment.
e. The CITY in conjunction with PARKS & RECREATION, will develop a
maintenance plan covering such things as, mowing and general upkeep
of the SOCCER COMPLEX which shall be submitted and approved by
2
12-4
the DISTRICT. The CITY will work with PARKS & RECREATION, who
will designate an employee to provide general oversight of the SOCCER
COMPLEX.
f. PARKS & RECREATION shall be allowed to place signs and other
promotional or advertising on the premises to identify the premises in
conjunction with the Red Oaks Golf Course and Red Oaks Water Park.
4. LIABILITY AND INSURANCE.
a. Prior to the effective date of this Agreement and continuing for the
duration of this Agreement, the CITY shall obtain and maintain General
Liability Insurance with minimum limits of $2,000,000 per occurrence and
$2,000,000 dollars aggregate and add or name the DISTRICT, as an
additional named insured on the policy. The insurance requirements
identified herein may be reviewed periodically. If necessary, the District
and the City agree to negotiate appropriate insurance limits increases.
Notwithstanding the foregoing, the CITY may fulfill the insurance
requirements contained herein by requiring the CITY's contractors or
subcontractors engaged to perform the services identified in this contract,
to purchase and maintain, at a minimum, the insurance requirements set
forth in this contract.
b. To the extent permitted by law the CITY shall indemnify and hold the
DISTRICT harmless from any and all Claims which are incurred by or
asserted against the DISTRICT by any person or entity, alleged to have
been caused or found to arise, from the acts, performances, errors, or
omissions of CITY or CITY'S officials, officers, employees and/or agents,
including, without limitation, all Claims relating to the operation and
maintenance of the Soccer Complex.
c. To the extent permitted by law the DISTRICT shall indemnify and hold the
CITY harmless from any and all Claims which are incurred by or asserted
against the CITY by any person or entity, alleged to have been caused or
found to arise, from the acts, performances, errors, or omissions of
DISTRICT or DISTRICT'S officials, officers, employees and/or agents,
including, without limitation, all claims relating to the operation and
maintenance of the drain, sewer, and pollution control facilities.
d. Nothing contained herein, including the indemnity provisions stated
12-5
above, shall constitute a waiver of governmental immunity or other
defenses to claims or lawsuits alleged by any person or entity. All parties
reserving their respective rights and immunities as provided by law.
e. In this agreement, "Claim(s)" shall be defined to include any and all
alleged losses, claims, complaints, demands for relief or damages, suits,
causes of action, proceedings, judgments, deficiencies, liability, penalties,
fines, litigation costs and expenses, including, but not limited to, any
reimbursement for reasonable attorney fees, witness fees, court costs.
5. CONSIDERATION.
a. The DISTRICT agrees to pay to the CITY a lump sum of eight hundred
fifty thousand ($850,000) dollars upon the execution of this agreement as
compensation for the services to be provided herein.
b. PARKS & RECREATION agrees to pay to the District a lump sum of two
hundred fifty thousand ($250,000) dollars upon the execution of this
agreement as its contribution towards the SOCCER COMPLEX,
playground and for the rights set forth herein.
5. DISTRICT'S RESERVATION OF RIGHTS.
a. CITY and PARKS & RECREATION understands and agrees that the
primary and paramount purpose of the Premises are for the drain, sewer,
and pollution control facilities that are operated and maintained by
DISTRICT. Accordingly, CITY and PARKS & RECREATION agree that
the operations of the Soccer Complex shall not damage, impair or
interfere with the operations of the drain, sewer and pollution control
facilities that exist now or in the future. DISTRICT reserves the right to
inspect the PREMISES from time to time in order to assure compliance
with the covenants and conditions of this Agreement.
b. In the event that the operations of the " Soccer Complex" disrupt, interfere
or cause damage to the drain, sewer or pollution control facilities or their
operations, CITY agrees to immediately cease its Soccer operations and
abate the interference or disruption to drain, sewer or the pollution control
facilities. CITY further agrees to assume liability for any damages to the
4
12-6
drain, sewer or pollution control facilities, or costs to the CITY directly
resulting from CITY's soccer operations.
c. ACCESS BY DISTRICT: The DISTRICT shall have access at all times to
any part of the Premises, including any portions of the property occupied
by the "Soccer Complex."
d. In the event of an emergency, as determined by the Oakland County
Drain Commissioner, the Drain Commissioner will deliver to CITY a
"Notice of Emergency" specifying which part of the "Soccer Complex" is
disrupting, interfering, or damaging drain, sewer, or pollution control
facilities operated by the DISTRICT. The CITY will discontinue use of all
or that part of the "Soccer Complex" so identified by the Oakland County
Drain Commissioner until the emergency is abated. If the CITY fails to
comply with the "Notice of Emergency" delivered by the Drain
Commissioner, then the Drain Commissioner may cause the use to be
discontinued of all or part of the "Soccer Complex" on the Premises
identified in the "Notice of Emergency." In the event that that the Soccer
Complex is disrupted due to an emergency, then the CITY shall not be
required to operate and maintain that part of the Soccer Complex that is
disrupted. In the event of a disruption due to an emergency that results in
the destruction of part or all of the soccer fields, the DISTRICT will restore
such fields on the premises. The DISTRICT shall determine in its sole
discretion, whether or not to replace, repair fixtures, such as concession
stands, pavilions or restroom facilities at District's expense. In addition,
the DISTRICT shall not be liable to CITY for lost revenue or other
damages resulting from emergency repairs to the drain, sewer or pollution
control facilities.
e. In the event that DISTRICT is required to comply with any administrative
permit, rule and/or regulation issued or promulgated by the United States
Government or State of Michigan, or agency thereof, or any court order,
to improve, repair, or construct additional drain or sewer facilities within
the Premises; or conduct any other activities related to its operations and
maintenance of the drain, sewer or pollution control facilities, water main
and storm sewers, and where such action results in the removal or
destruction of all or a portion of the "Soccer Complex", the DISTRICT
5
12-7
agrees to restore the "Soccer Complex" on the PREMISES to its pre-
existing condition.
f. If the DISTRICT, in order to comply with any rule or regulation issued or
promulgated by the United States Government or the State of Michigan,
or agency thereof, or any court order, is required to take all or a portion of
the PREMISES for drain, sewer, or pollution control facilities, which taking
would effectively terminate the ability of the CITY to operate the "Soccer
Complex", then this agreement will terminate at the end of ninety (90) day
notice served upon CITY by DISTRICT. During the ninety (90) day period
CITY will remove its equipment and fixtures from the PREMISES. CITY
will not be required to remove structures from the PREMISES if the
structures will be destroyed as a result of the work to be done by
DISTRICT to comply with governmental mandates. However, the
DISTRICT may remove if CITY fails to remove structures as required.
Under no circumstances shall DISTRICT be liable to CITY for lost
revenue or other damages resulting from compliance with the
governmental mandates envisioned by this paragraph.
g. In the event of a disruption of the site or termination as provided in this
agreement, the CITY shall not be obligated to return or repay all or a
portion of the consideration set forth in this agreement.
h. This agreement does not and is not intended to impair, divest, delegate or
contravene any constitutional, statutory and/or legal right, privilege,
power, obligation, duty, capacity or immunity of the DISTRICT.
6. ASSIGNMENT. This agreement may not be assigned by CITY without prior
written consent of the DISTRICT, which consent shall not be unreasonably
withheld.
7. UTILITIES. The CITY agrees to pay the utilities for the Soccer Complex,
including sewer, water, gas and electric.
8. TAXES OR SPECIAL ASSESSMENTS. No real or personal taxes, or special
assessments that relate to the operation of the Soccer Complex, shall be the
responsibility of the DISTRICT.
9. GOVERNING LAW. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced and governed under
the laws of the State of Michigan. The language of all parts of this Agreement is
6
12-8
intended to and, in all cases, shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any party.
10. CAPTIONS. The section headings or titles and/or all section numbers contained
in this Agreement are intended for the convenience of the reader and not
intended to have any substantive meaning and are not to be interpreted as part
of this Agreement. Any use of the singular or plural number, any reference to the
male, female or neuter genders, and any possessive or non -possessive use in
the contract shall be deemed the appropriate plurality, gender or possess as the
context requires.
11. ENTIRE CONTRACT; SEVERABILITY; WAIVER.
a. This Agreement, sets forth the entire agreement between the DISTRICT,
PARKS AND RECREATION and CITY and fully supersedes any and all
prior agreements or understandings between them in any way related to
the subject matter hereof.
b. It is further understood and agreed that the terms and conditions herein
are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the
DISTRICT, PARKS & RECREATION and CITY in any way related to the
subject matter hereof, except as expressly stated herein.
c. This Agreement shall not be changed or supplemented orally and may be
amended only as otherwise provided herein. If any provision(s) of the
Agreement or application thereof to any extent found to be invalid or
unenforceable, the remainder of this Agreement shall not be affected
thereby, and each provision of this Agreement shall be valid and
enforceable to the fullest extent of the law. This Agreement may be
modified or amended only by written agreement of DISTRICT, PARKS &
RECREATION and CITY.
d. The terms and conditions of this Agreement shall be binding and inure to
the benefit of the parties and their respective heirs, representatives,
successors and assigns.
e. WAIVER: No waiver of any term, provision or condition in this
agreement, whether by conduct or otherwise, in one or more instances,
shall be deemed or construed as a further continuing waiver of a term,
provision or condition of this agreement. No remedy available to a party to
7
12-9
this agreement for the other party's breach of this agreement is intended
to an exclusive remedy. A party's exercise of any remedy for breach of
this agreement shall not be deemed or construed to waiver of its right to
pursue another remedy.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this
Agreement, and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the undersigned hereby execute this Agreement on
behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms
and conditions of this Agreement.
GEORGE W. KUHN DRAINAGE DISTRICT ("DISTRICT")
John P. McCulloch,
Oakland County Drain Commissioner and Chairperson
Drainage Board for the George W. Kuhn Drainage District
CITY OF MADISON HEIGHTS ("CITY")
9S
In
Edward C. Swanson
Mayor
Carole Corbett
City Clerk
OAKLAND COUNTY PARKS & RECREATION
Pecky Lewis, Chairperson
8
12-10
p
1 r%
o Al
A
114.
ulo
ns
:z
-nnz— a
—7
rrox
AV
76i
T 11-
114 K.00L CF CO METOLCGV. MC
WWUQTriW. I I
A
II
IT
Tatra T.,h M 5
==X1,
mrneeotlmm, Inc
PAVING I UTILITY LFGENO.
jo
IPC
'IT Y
plpl
CIVIL
SITE ENGINEEMNG
EAST
r_��TPLAN"
0541007—S-2
ITEM #13
LYON OAKS WETLAND MITIGATION PROJECT
After receiving the Commission's comments at the March 8 meeting, staff
confirmed that the Road Commission for Oakland County (RCOC) is required by
the MDEQ to be the responsible party to survey, maintain and repair the
mitigated wetland during the mandatory 5-year monitoring period. Once the
wetland has been approved by the MDEQ at the end of the monitoring period,
OCPR will only be obligated to honor the terms of the Conservation Easement
that is designed to ensure that the OCPR does not damage the resulting natural
area through vegetation removal or drainage.
Oakland County Corporation Counsel and the RCOC Counsel have edited
the use agreement to correct the language regarding responsibility. A revised
draft of the Use Agreement, along with a sample Conservation Easement, has
been included for consideration by the Commission.
13-1
LYON OAKS WETLAND MITIGATION LAND USE AGREEMENT
RCOC — OAKLAND COUNTY PARKS & RECREATION COMMISSION
THIS AGREEMENT, dated as of the
day of , 2007, between
the Road Commission for Oakland County, a Michigan Statutory public body corporate, with
administrative offices at 31001 Lahser Road, Beverly Hills, MI 48025, (hereinafter
"RCOC") and the Oakland County Parks & Recreation Commission, with offices at 2800
Watkins Lake Road, Waterford, MI 48328-1917 (hereinafter "County") (collectively referred
to as "the Parties"), provides as follows:
WHEREAS, the County owns property commonly referred to as the Lyon Oaks
Natural Area ("the Site"), located within Lyon Oaks County Park; and
WHEREAS, the County wishes to create a Wetlands and Natural Area Exhibit ("the
Project"), within the Site for the education of the public; and
WHEREAS, the RCOC from time to time constructs roads through wetland areas,
and accordingly, is required to mitigate the wetlands taken in accordance with state and
federal wetlands mitigation standards; and
WHEREAS, the RCOC requires wetland mitigation credits; and
WHEREAS, the County is willing to construct a wetland at the Site within Section 1,
Lyon Township and to enter into a Conservation Easement with the Michigan Department of
Environmental Quality ("MDEQ") to gain mitigation credits for the benefit of the RCOC;
and
WHEREAS, the County proposes to contract with a suitable contractor to
perform the work provided herein, which will include approximately 20 total acres of
natural area to be used by the Lyon Oaks Nature Center, including the creation of 13
acres of wetland (the "Wetland") within the Site; and
WHEREAS, in consideration of mitigation credits, the RCOC proposes to finance
the entire cost of the Project, as set forth herein.
NOW, THEREFORE, in consideration of the mutual benefits set forth herein, it is
agreed between the Parties hereto:
13-2
1. The County agrees to construct 20 acres of natural area to be used by the Lyon Oaks
Nature Center, including 13 acres of wetland mitigation within Lyon Oaks County
Park as described on mutually -agreed upon plans prepared by the County, which plans
are on file in the Offices of the Parks & Recreation Department of Oakland County.
2. The County agrees to secure on behalf of the RCOC, the necessary permits and approvals
from the agencies having jurisdiction. The RCOC shall be listed as the applicant on the
Michigan Department of Environmental Quality (MDEQ) permit for wetland creation
and the RCOC shall comply with all the stated requirements as appropriate, with
cooperation from the County.
3. The County shall contract, with RCOC consent, with a suitable contractor to perform the
work provided for herein. RCOC consent shall not be unreasonably withheld.
4. Total payments made by the RCOC to the County for construction of the Project
shall be approximately $243,700.00. The RCOC shall make payments to the County
upon submission of an invoice and approval by the RCOC.
It is anticipated payment will be made in accordance with the following milestones:
i. 25% upon execution of the contract with the selected contractor.
ii. The balance upon submission to the RCOC by the County of invoices from time
to time as the work progresses.
Invoices shall not be submitted more often than once a month. Final billing under this
contract shall be submitted in a timely manner but not later than 90 days after completion
of Services.
5. The County shall comply with MDEQ regulations in order to enable the RCOC to obtain
credits for the creation of the Wetland on the Site. It is anticipated the County tasks will
include but not be limited to the following actions:
a. Ensuring that all required ecological studies are completed.
b. Ensuring that a detailed wetland management plan is completed in
cooperation with the MDEQ.
c. Overseeing and managing the development of the Lyon Oaks property
consistent with MDEQ requirements.
d. Establishing a conservation easement over such portion of the parcel as may
be required by the MDEQ. It is anticipated the easement will be in place by the end of 2007.
13-3
e. Providing all information necessary for the RCOC to utilize the Wetland for
wetlands mitigation credits with the MDEQ.
6. The RCOC shall assist the County in complying with MDEQ requirements for mitigation
credits, including assisting with the preparation of all documents and reports needed to
obtain said mitigation credits.
7. All affected property will remain in the ownership of the County, for the use and
enjoyment of the public as a Natural Area.
8. Following construction, the RCOC will monitor and fund maintenance of the Wetland as
necessary until the Wetland is approved by MDEQ as a functioning wetland. This
process is expected to take up to five (5) years. If, in the determination of the MDEQ, the
Wetland requires additional work to function as a wetland, the RCOC will modify, alter
or repair the Wetland to the satisfaction of the MDEQ during the period prior to MDEQ
approval. The Parties understand that obligations under this Section are independent of
and above and beyond obligations set forth in Section 4 of this Agreement.
9. The County will grant Site access to the RCOC and the MDEQ or its duly authorized
agents to monitor or inspect construction, maintenance or repairs on the Wetland.
10. The RCOC reserves the right to review and approve any agreement between the County
and the MDEQ in connection with the Project, which approval will not be unreasonably
withheld.
11. The County shall keep and maintain complete and accurate records as to all costs
associated with the Project and shall make same available to the RCOC at all reasonable
times.
12. Once the Wetland has become a functioning wetland, as approved by the MDEQ, the
County will, in accord with the conservation easement, maintain said Wetland.
13. After construction of the Wetland by the County, should the RCOC determine that
additional work required by the MDEQ, as set forth in Section 8, costs more than the
reasonable value of the wetland mitigation credits, the RCOC may terminate this
Agreement in whole or part by written notice to the County. In the instance of
termination before wetland credits are approved, the RCOC will, if requested by the
County, consent to release of all or part of any Wetland Conservation Easement between
the County and the MDEQ.
3
13-4
14. It is declared that the work to be performed under this Agreement is a governmental
function. It is the intention of the parties hereto that this Agreement shall not, in any
manner, be construed to waive the defense of governmental immunity, which the
RCOC and the County possess prior to the execution of this Agreement.
15. It is the intention of the Parties hereto that this Agreement is not made for the benefit
of any third party.
16. The duties set forth in this Agreement are subject to the County approving and
successfully entering into a contract with an appropriate vendor.
17. This Agreement shall be construed, interpreted and governed in accordance with the laws
of the State of Michigan.
18. Notices for the purposes set forth in this Agreement are to be delivered to the
following persons:
FOR THE RCOC FOR THE COUNTY
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their duly authorized representatives as of the date above.
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
In
Its:
ROAD COMMISSION FOR OAKLAND COUNTY
In
Its:
4
13-5
a
*; ' 0*%'A 04
AGREEMENT FOR
CONSERVATION EASEMENT
(This instrument is exempt from County and State transfer
taxes pursuant to MCL 207.505(a) and MCL 207.526(a), respectively)
This CONSERVATION EASEMENT is created , 20_, by and between
(name) married/single (circle one), or
corporation, partnership, municipality, or limited liability company (circle one), whose address
is (Grantor) and
st
the Michigan Department of Environmental Quality (MDEQ), whose address is, Constitution Hall, 1 Floor
South, P.O. Box 30458, Lansing, Michigan 48909-7958; or 525 West Allegan Street, Lansing, Michigan 48933
(Grantee);
The Grantor is the fee simple title holder of real property located in (circle one) the Township/City of
County, and State of Michigan, legally described in
Exhibit A
MDEQ is the agency charged with administering Part 303, Wetlands Protection, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended (NREPA), and
Permittee/Grantor has applied for a Permit (MDEQ File Number_-_-____) pursuant to Part 303 to
authorize activities that will impact regulated wetland. The MDEQ evaluated the permit application and
determined that a permit could be authorized for certain activities within regulated wetlands provided certain
conditions are met, and
Permittee/Grantor has agreed to grant the MDEQ a Conservation Easement that protects the wetland
mitigation site and/or the remaining wetlands on the property and restricts further development to the area
legally described in Exhibit B. The Conservation Easement (the Easement Premises) consists of
approximately acres. The MDEQ shall record this Agreement with the county register of deeds.
ACCORDINGLY, Grantor conveys this Conservation Easement to Grantee pursuant to Subpart 11 of Part 21,
Conservation and Historic Preservation Easement, of the NREPA, MCL 324.2140 et seq., on the terms and
conditions stated below.
The purpose of this Agreement is to protect the functions and values of existing or established wetlands
and its natural resource values on the Easement Premises consistent with the Permit and the protection
of the benefits to the public derived from wetlands and integral habitat, by requiring Grantor to maintain
the Easement Premises in its natural and undeveloped condition.
2. Except as authorized under MDEQ Permit Number - - issued on / /20 or
as otherwise provided in this Agreement, Grantor shall refrain from, and prevent any other person from
altering or developing the Easement Premises in any way. This includes, but is not limited to:
13-6
a) Alteration of the topography;
b) Creation of paths, trails, or roads;
c) The placement of fill material as defined in Part 303 of the NREPA, MCL 324.30301 et seq., as
amended;
d) Dredging, removal, or excavation of any soil or minerals;
e) Drainage of surface or groundwater;
f) Construction or placement of any structure;
g) Plowing, tilling, or cultivating the soils or vegetation;
h) Alteration or removal of vegetation, including the planting of non-native species;
i) Ranching
j) Construction of unauthorized utility or petroleum lines;
k) Storage or disposal of garbage, trash, debris, abandoned equipment or accumulation of machinery,
or other waste materials, including accumulated vegetative debris such as grass clippings, leaves,
yard waste, or other material collected and deposited from areas outside the Easement Premises;
1) Use or storage of off -road vehicles including, but not limited to, snowmobiles, dune buggies, all -
terrain vehicles, and motorcycles;
m) Placement of billboards or signage, except as otherwise allowed in the Permit or this Agreement;
n) Use of the wetland for the dumping of untreated stormwater at a volume that adversely impacts the
hydrology of the wetland.
3. Cutting down, destroying, or otherwise altering or removing trees, tree limbs, shrubs, or other vegetation,
whether living or dead, is prohibited within the Easement Premises, except with the written permission of
Grantee, expressly for the removal of trees or limbs to eliminate danger to health and safety; to reduce a
threat of infestation posed by diseased vegetation; or to control invasive non-native plant species that
endanger the health of native species.
4. Grantor is not required to restore the Easement Premises due to alterations resulting from causes beyond
the owner's control, including, but not limited to, unauthorized actions by third parties that were not
reasonably foreseeable; or natural disasters such as unintentional fires, floods, storms, or natural earth
movement.
5. Grantor may perform activities within the Easement Premises consistent with the Permit or the mitigation
requirements. Grantor shall provide 5 days notice of undertaking any mitigation activity even if the
mitigation project has been conceptually approved. Any activities undertaken pursuant to the Permit, a
mitigation project, or this Agreement, shall be performed in a manner to minimize the adverse impacts to
existing wetland or mitigation areas.
6. Grantor warrants that Grantor has good and sufficient title to the Easement Premises described in Exhibit
B.
7. Grantor warrants that any other existing interests or encumbrances in the Easement Premises have been
disclosed to the MDEQ.
8. Grantor warrants that to the best of Grantor's knowledge no hazardous substances or hazardous or toxic
wastes have been generated, treated, stored, used, disposed of, or deposited in or on the property.
9. This Agreement does not grant or convey to Grantee or members of the general public any right to
possession or use of the Easement Premises.
10. Grantor shall continue to have all rights and responsibilities as owner of the property subject to this
Agreement. Grantor shall continue to be solely responsible for the upkeep and maintenance of the
Easement Premises, to the extent it may be required by law.
11. Grantee and its authorized employees and agents may enter the Easement Premises upon reasonable
notice to Grantor to determine whether the Easement Premises are being maintained in compliance with
the terms of this Agreement, mitigation, or other conditions of the Permit; and for the purpose of taking
corrective actions for failure to comply. If Grantee is entering the easement premises for purposes of
13-7
taking corrective actions, Grantor shall be provided with 14 days notice to provide the opportunity to cure
the failure to comply.
12. This Agreement shall be binding upon the successors and assigns of the parties and shall run with the
land in perpetuity unless modified or terminated by written agreement of the parties.
13. This Agreement may be modified only in writing through amendment of the Agreement. Any modification
shall be consistent with the purpose and intent of the Agreement.
14. This Agreement may be enforced by either an action at law or in equity and shall be enforceable against
any person claiming an interest in the Easement Premises despite a lack of privity of estate or contract.
15. Grantor shall indicate the existence of this Agreement on all future deeds, mortgages, land contracts,
plats, and any other legal instrument used to convey an interest in the Easement Premises.
16. A delay in enforcement shall not be construed as a waiver of the Grantee's rights to enforce the
conditions of this Agreement.
17. This Agreement shall be liberally construed in favor of maintaining the purpose of the Conservation
Easement.
18. If any portion of this Agreement is determined to be invalid by a court of law, the remaining provisions will
remain in force.
19. This Agreement will be construed in accordance with Michigan law.
20. In addition to the terms of the Permit issued by Grantee, this document sets forth the entire agreement of
the parties. It is intended to supercede all prior discussions or understandings.
21. Within 90 days after this Agreement is executed, Grantor shall place and maintain at Grantor's expense,
signs, fences, or other suitable markings along the Easement Premises to clearly demarcate the
boundary of the Easement Premises.
LIST OF ATTACHED EXHIBITS
Exhibit A: A legal description of the Grantor's property, inclusive of the Easement Premises.
Exhibit B: A legal description of the Easement Premises.
Exhibit C: A survey map depicting the Easement Premises that also includes identifiable landmarks
such as nearby roads to clearly identify the easement site.
Exhibit D: A legal description that provides a path of legal access to the Easement Premises and a map
that indicates this access site that MDEQ staff will use for ingress and egress to and from the
Easement Premises; or if the Easement is directly connected to a publicly accessible point,
such as a public road, a statement is required that authorizes MDEQ staff ingress and egress
to and from the Easement Premises with a map that clearly indicates the connection of the
public access site to the Easement Premises.
13-8
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. In signing
this Agreement, the Signatory warrants that he or she has the authority to convey the Conservation Easement
on behalf of the Grantor.
GRANTOR:
Signature: _
Type/Print Grantor's Name
Title (if signing on behalf of an organization
Organization Name (if signing on behalf of an organization)
STATE OF MICHIGAN )
} ss
COUNTY OF }
IF SIGNING ON BEHALF OF AN ORGANIZATION, THIS MUST BE COMPLETED:
The foregoing instrument was acknowledged before me this day of 20_
by (name(sj) the (title)
)
of (Organization name) a (state) corporation,
partnership, municipality, or limited liability company (circle one), on behalf of the organization.
(Signature of Notary Public)
(Typed or Printed name of Notary Public)
Acting in: County, Michigan
My Commission Expires:
(OR) IF SIGNING AS AN INDIVIDUAL OR MARRIED PERSON, THIS MUST BE COMPLETED:
The foregoing instrument was acknowledged before me this day of , 20_
by , (name[s)) (marital status).
(Signature of Notary Public)
(Typed or Printed name of Notary Public)
Acting in: County, Michigan
My Commission Expires:
4
13-9
STATE OF MICHIGAN)
} ss
COUNTY OF INGHAM)
GRANTEE:
STATE OF MICHIGAN
DEPARTMENT OF ENVIRONMENTAL QUALITY
LAND AND WATER MANAGEMENT DIVISION
Mary Ellen Cromwell, Chief
The foregoing instrument was acknowledged before me this day of 20
by Mary Ellen Cromwell, Chief, Land and Water Management Division, State of Michigan, on behalf of the
Michigan Department of Environmental Quality.
(Signature of Notary Public)
(Typed or Printed name of Notary Public)
Acting in: Ingham County, Michigan
My Commission Expires:
AFTER RECORDING, RETURN TO:
Form Drafted By:
The Honorable Mike Cox, Attorney General
Department of Attorney General Michigan Department of Environmental Quality
Land and Water Management Division
Environment, Natural Resources, and Constitution Hall, 1st Floor South
Agriculture Division P.O. Box 30458
P.O. Box 30755 Lansing, Michigan 48909-7958
Lansing, Michigan 48909
(November 1, 2005)
13-10
ITEM #14
Long Term Financial Plan
The Commission instiucted staff to prepare a Request for Proposal (RFP) to develop a
Long Term Financial Plan (LTFP) to assess the Commission's current and future
operations. The LTFP was to include recommendations of policies, processes and tools to
analyze and document financial strategies to accomplish the Commission's mission,
goals and objectives. The LTFP was to also provide direction to the Commission for the
development, growth and enhancement of its system over the next five years.
Five Proposals were received and the four member interview team (2 staff, 2
Commissioners) selected the following firms for face-to-face interviews:
Firm Base Quote Optional Total
Component
Public Financial
Management
Ann Arbor $99,000 -0- $99,000
Green Play
Broomfield, Colorado $47,475 $22,000 $69,475
PROS Consulting, LLC
Indianapolis, Indiana $64,780 -0- $64,780
Staff, after interviewing the three firms, recommends awarding the contract to PROS
Consulting, LLC in the amount of $64,780. If the scope of the project is expanded
increasing the cost, staff will bring the requested scope change and proposed cost
increase to the Commission for its approval.
The $64,780 will come out of the Operating Budget Contingency.
14-1
ITEM #15
PROFESSIONAL SERVICE CONTRACT FOR
Springfield Oaks Oakland County Fair Association
Administrative staff has been working on the Professional Services Contract with
Oakland County 4-H Fair Association. This contract is for the management of
Springfield Oaks Activity Center. The one-year contract is renewable up to five years.
The current contract expires May 6, 2007.
Corporation Counsel has been involved with this process.
Staff recommends approving this contract.
15-1
Or_ L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKL�= OAKLAND COUNTY
COUNTY M I C H I G A N 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 "Party" or jointly as the
"Parties".
_..........
OAKLAND COUNTY PARKS AND OAKLAND COUNTY 4-11 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
PAE2
§1.
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 (while participating in volunteer activities),
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
Page 2
15-3
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
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. "Day" means any calendar day, which shall begin at 12:00: a.m. and end at 11:59:59 p.m.
1.7. "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.
1.8. "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 4th of the next year, for each year that the Contract is in
effect.
1.9. "Premises" means the parcel of land described in Attachment B-1.
1.10. "Contract Documents" This Contract includes and fully incorporates herein all of the
following documents:
1.10.1. Exhibit I: Contractor Insurance Requirements
1.10.2. Exhibit II: Oakland County Certificate of Insurance
1.10.3. Attachments A through J.
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.
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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 3
15-4
COUNTY MICHIGAN
L. BROOKS�1PjA�TTERSON-COUNTY EXECUTIVE
OA •� AND COUNTY
1 M411
t I ,
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.
§3. PREMISES. Contractor agrees to assume the management and operation of a certain
Commission facility described as the Springfield Oaks Activity Center (Center) and the facilities
(excluding the golf course), more particularly described in Attachment B-1 (hereinafter
"Premises"). Use of the Ellis Barn will be coordinated by the Commission Designee and the
Oakland County 4-H Fair Association Manager or Designee. There will be no smoking or
storage of any kind allowed in the Ellis Barn. 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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Pf§-e54
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
W41
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 plan, prepare, organize and manage, in cooperation with the Commission, the annual
fair which will be called the "Oakland County Fair."
4.7. 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.
4.8. 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.
4.9. To use its best efforts to advertise the facility and expand its use as contemplated in
Attachment I.
4.10. Both parties agree to complete the septic field, campground restoration, and Building E
construction. Upon completion, Contractor will pay One Thousand Dollars ($1,000.00).to
the Commission for utilities. Payment is due no later than January 2 of current year.
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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
T�4i 5
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
4.12. To place Two Thousand Dollars ($2,000.00) annually in a separate account with
Contractor for the specific purpose of on -going repairs and maintenance of the Ellis Barn.
Contractor must provide documentation to the Commission.
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
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. 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 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 costs 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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 6
15-7
IrOAKL L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY M I C H I G A N PURCHASING DIVISION
5.5. In the event the Springfield Oaks Activity Center and/or the Ellis Barn are destroyed, the
Commission has no obligation to rebuild.
§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.
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 at least an annual assessment of the
Premises to determine the presence of conditions created or maintained by Contractor
that violate Sections 4.15 or 4.16. 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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
15Lz
7
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLANDCOUNTY
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
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 Employees.
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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 8
15-9
LQ
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLANDCOUNTY
COUNTY MICHIGAN
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
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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
15.af8 9
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
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.
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";
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
TjTfi10
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OA AND COUNTY
COUNTY MICHIGAN
"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
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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Ps I4
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
101 � so M 101
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.
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 Majeure. Notwithstanding any other term or provision of this Contract, neither
Party 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 Party 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
Party 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 damaged
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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Pl�.1�2
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLANDCOUNTY
COUNTY MICHIGAN
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
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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Pay 13
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
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.
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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
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.
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,
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
1T_aW 15
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING VSIO
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 finds 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
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
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
3jggj6
L. BROOKS PATTERSON-COUNTY EXECUTIVE
frOAKL oA]KLAND COUNTY
W
COUNTY MICHIGAN PV CRASING DIVISION
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 V nu . 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,
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 corx ditions
of this Contract.
FOR THE CONTRACTOR:
M.
DATE:
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 mcr under
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION•PROFESSIONAL SERVICES
CONTRACT NUMBER
Pa e 17
15 -18
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
COUNTY MICHIGAN
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
FOR THE COMMISSION:
Notary Public
My Commission Expires:
of
Pecky D. Lewis, Chairperson
Oakland County Parks and Recreation Commission
FOR THE COUNTY:
M.
Joseph Hylla, Manager,
Oakland County Purchasing Department
2006.
County, Michigan
J:\CoipCnsl\TempFile\lnumber\2006\2006-0200 thin 2006-0299\2006-0269 4-H Fair Assoc Mgmnt of Springfield Oaks Activity Center -
Agreement\110106 Working Copy 4 4H Contract 2.doc
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 18
15-19
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
EXHIBIT I
CONTRACTOR INSURANCE REQUIREMENTS
Vendor agrees to procure and maintain insurance coverage according to the following
specifications:
$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 $1,000,000 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 fiom 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
f9g2d 9
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
Piaygr2io
ITEM #16
OLHSA
(Oakland Livingston Human Services Agency)
In an effort to serve all residents of Oakland County, our administrative staff has
been working with OLHSA.
Oakland County Parks will provide to the caseworkers who operate out of the
Pontiac office day use passes for all of the day use parks to distribute to their clients in
Oakland County.
OLHSA has 75 different programs for the working poor and families at the
poverty level. Over 65,000 people live at or below the poverty level in 12,000 Oakland
County households. The working poor are the fastest growing area of individuals.
This is in keeping with the Michigan Natural Resource Trust Board's initiative to
offer assistance to low income individuals and families to use our parks.
OLHSA will be responsible for the distribution of the day passes.
This program will run through December 31, 2007.
16-1
ITEM #17
GREENS FEES
LYON OAKS
In last year's budget session, we increased our greens fees approximately
$3 on each fee at Lyon Oaks to try and offset the ever increasing operating
costs.
Unfortunately, with the present economic climate in the golf industry, we
are hearing negative responses to our increase.
level.
In light of this, staff recommends we reduce our rates back to the 2006
We tend to be in the correct price range when we do our surveys;
however, many golf courses are advertising specials that we choose not to
match.
Staff is bringing this to the Commission for discussion and possible
approval.
17-1
2006 Rate Comparison
The Orchards _
Sheppard's Hollow
Westwynd
Pine Trace
Northville Hills
Fieldstone
Moose Ridge
Majestic
Copper Hills
Golden Fox
Pheasant Run
Lyon Oaks
Average
Lyon Oaks resident rates are I
65
40
75
40
55
None
58
35
69
35
52
None
58
38
63
31.50
50
None
63
31.50
50
35
52
30
59
35
because non-resident accounts
7.3% of play
45
45
None
8
0
None
48
34.5
None
8
35
35
40
None
None
40
35
None
None
48
0
None
31
9
35
8
17-2
11
LYON OAKS
52251 Pontiac Trail
Wixom
PHONE: 437-1488
GREENS FEES
All rates include carts
Weekday (Mon.-Thurs.)
Regular Fee
$65/ 18 holes
$39/ 9 holes
Resident Discount
$55/ 18 holes
$33/ 9 holes
Seniors Age 62 and over
$39/ 18 holes (before noon)
$24/ 9 holes
Juniors (walking) (before noon)
$1819 holes
$29/ 18 holes
yriday—Sunday & Holidays
w Regular Fee
$75/ 18 holes
$45/ 9 holes
Resident Discount
$65/ 18 holes
$391 9 holes
Twilight
Friday —Sunday & Holidays after 4 p.m.
$42 for 18 holes
Any day after 6 p.m.
$271 9 holes
Club Rental
$20 per set with $20 deposit
Driving Range
$3.501token
$7/two tokens
$10/three tokens
$28/ten tokens
Annual Practice Facility Pass
Single $450
Family $700
(Husband/wife/2 children)
Junior $350 (17/under)
LYON OAKS
52251 Pontiac Trail
Wixom
PHONE: 437-1488
GREENS FEES
All rates include carts
Weekday (Mon. - Thurs.)
Regular Fee
$62/ 18 holes
$35/ 9 holes
Resident Discount
$52/ 18 holes
$30/ 9 holes
Seniors Age 62 and over
$35/ 18 holes (before noon)
$20/ 9 holes
Juniors (walking) (before noon)
$1519 holes
$25/ 18 holes
Friday —Sunday & Holidays
Regular Fee
$72/ 18 holes
$40/ 9 holes
Resident Discount
$62/ 18 holes
$35/ 9 holes
Twilight
Friday —Sunday & Holidays after 4 p.m.
$40 for 18 holes
Any day after 6 p.m.
$25/ 9 holes
Club Rental
$20 per set with $20 deposit
Driving Range
$3.50/token
$7/two tokens
$10/three tokens
$28/ten tokens
Annual Practice Facility Pass
Single $450
Family S700
(Husband/wife/2 children)
Junior S350 (17/umder)
ITEM #18
Bid Items:
a. Activity Center Roof Replacement — Waterford Oaks
b. Septic System — Restoration Materials — Springfield Oaks
C. Concrete Slab — Lyon Oaks Practice Cricket Pitch
d. Boundary Survey and Staking — Highland Oaks
e. Rotary Mower — Lyon Oaks
f. Irrigation Pumping Stations — White Lake and Glen Oaks
g. Asphalt Cart Paths — Lyon Oaks, Red Oaks, White Lake Oaks
ACTIVITY CENTER ROOF REPLACEMENT
WATERFORD OAKS
The roof on the Waterford Oaks Activity Center is 18 years old and has been developing
leaks for the past couple of years. Initial leaking occurred in the upper portion of the
roof. Therefore, replacement of the upper portion of the roof was identified in the 2007
Building Maintenance budget. Additional leaking has now occurred in other areas of the
roof. Further investigation shows a continuing deterioration over the entire roof. The roof
consists of an EDPM single ply rubber roof in combination with asphalt shingles.
Plans and specifications were prepared for the entire roof replacement. The bids were
broken into two base bids with an alternate for each.
Base Bid 1 is for an EPDM replacement and new asphalt shingles. Alt. A is the
elimination of the asphalt shingles in lieu of continuing the EPDM roofing material.
Base Bid 2 is for TPO (thermoplastic polyolefin) in combination with asphalt shingles.
Alt. B is the elimination of the asphalt shingles in lieu of the TPO roofing material.
The bids are as follows:
Contractor Base Bid Alt. A Base Bid Alt B Total Base Bid Total Base Bid
1 2 1+ Alt. A 2+ Alt B
Royal Roofing $66,450 $4,785 $73,759 $5,500 $71,235 $79,259
Orion, MI
Holbrook No Bid No Bid $73,413 $8,838 No Bid $82,251
Roofing
Trenton, MI
Staff has reviewed the bids and recommends awarding the contract to Royal Roofing
in the amount of $66,450 for Base Bid 1, plus Alt A of $4,785, for a total contract
amount of $71,235, plus a 5% contingency of $3,265 for a total budgeted amount of
$74,500.
The Building Maintenance budget identified $20,000 for roof replacement. Now that the
entire roof is in need of replacement an additional $54,500 is recommended to be
transferred from the Operating Budget Contingency to Waterford Oaks Park Building
Maintenance line item.
18a-1
SEPTIC SYSTEM — RESTORATION MATERIALS
SPRINGFIELD OAKS
For the past year, staff and the Oakland County Fair Board (OCFB) have been
constructing the Sanitary System and Building E — Fair Board Offices,
Restroom/Shower Facility at the fair grounds. As a result of these improvements,
portions of the fairground require restoration, including an area of the event
campground.
Restoration of these areas will be a shared venture between Oakland County
Parks and Recreation (OCPR) and the OCFB. This venture involves OCPR purchasing
all necessary restoration materials, including topsoil, gravel etc, with installation by
OCFB, utilizing various contractors, in -kind services and donations.
Since a major portion of the materials will be gravel and topsoil supplied by our
existing blanket contractor, Bedrock Express, Inc. of Ortonville, staff recommends
approval to spend an estimated $14,000 for these materials with Bedrock Express, Inc.
The cost of these materials will be distributed over the remaining balance of the
two approved 2007 Capital Improvements budgets: Septic System Construction,
$135,384 and Bldg E Construction $190,772.
The original approved 2007 CIP Budgets for these projects were $220,000 and
$450, 000 respectively.
18b-1
CONCRETE SLAB
PRACTICE CRICKET PITCH
LYON OAKS
Staff is working on installing a practice cricket pitch located north of the
pavilion near Recreational Field #2 at Lyon Oaks, using existing blanket
contracts and park personnel. This pitch is approximately 32' wide x 99' long and
will include the installation of concrete, galvanized posts, netting and artificial turf.
Please see attached drawing for your reference.
A quotation was received from our existing blanket concrete contractor,
Bush Brothers Asphalt Paving, Inc. (BBAP), in the amount of $16,400.00 to
install the necessary concrete and gravel path to the practice pitch. Staff
recommends approval of this amount based upon the existing blanket contract
with BBAP (#BO0201641), plus a 5% contingency of $820.00, for a total
approved amount of $17,220.00.
Quotations were received from other blanket contractors to install the
necessary galvanized posts (Quotation - $4,146) and artificial turf (Estimate
$2,000). The netting is currently out to bid and will be installed by park staff
(Estimate - $6,000). All restoration will be completed by park staff (Estimate -
$2,000).
The remaining balance for this project in the approved 2007 Capital
Improvements Project (CIP) Budget is $28,856.00. Staff recommends a transfer
of $3,000.00 from the 2007 CIP Contingency for a total project budget of
$31,856.
18c-1
HIGHLAND OAKS BOUNDARY SURVEY AND STAKING
BID RESPONSE AND STAFF RECOMMENDATIONS
Staff has received 4 bids for the completion of a Boundary Survey and
Staking of the two properties that are being acquired to create Highland Oaks.
The bids are as follows:
Project Description:
Vendors
Conduct a standard ALTA
survey (boundary survey)
and to drive metal t-posts
Kennedy
Flint Surveying
Rowe
Giffels-Webster
every 200 feet to
Surveying
and
Engineering,
Incorporated
Engineering,
Inc.
designate the location of
park boundary fencing.
Inc.
Location:
Oxford
Swartz Creek
Flint
Rochester Hills
Highland Hye Property:
$8,500
$8,000
$14,800
$6,500
Parker Property:
$3,500
$4,000
$3,700
$13,300
Project Total:
$12,000
$12,000
$18,500
$19,800
Staff Recommended
$12,000
Contract Total:
The two low bidders were contacted to determine crew availability. Flint
Surveying and Engineering has indicated that work would commence within 24
hours of contract ratification.
Staff recommends entering into contract with Flint Surveying and
Engineering, Inc. for the amount of $12,000, with a 5% contingency of $600, for
a total budgeted cost of $12,600.
18d-1
ROTARY MOWER
LYON OAKS
We have received from Purchasing the following bids for the purchase of a
60 hp, 108" cut width, out -front rotary mower for Lyon Oaks:
Spartan Distributors
Auburn Hills
W. F. Miller
Novi
Weingartz
Novi
$43,676.48
Did not meet specifications
Did not meet specifications
This mower will be used for mowing roughs on the golf course; it will
replace a similar mower that is worn out and will be sold in the county auction.
The units that did not meet specifications were underpowered and did not
have the mowing production capacity.
We presently have four of these Toro mowers in the system and paid
$43,931 last year for one.
Staff recommends awarding this bid to Spartan Distributors for
$43,676.48.
There is $44,000 budgeted in the Operating Equipment Budget for this
mower.
18e-1
Engineered for exceptional results.
The patented Contour Plus cutting decks on the
Groundsmaster 4500-D and 4700-D feature a
rear roller, front caster wheels, anti -scalp cups
and multi-diraAM7121 pivot points to bring you
the industry's best ground -following rotary deck.
IRRIGATION PUMPING STATIONS
WHITE LAKE OAKS AND GLEN OAKS
At the April 4 Commission meeting, staff recommended, and the
commission approved, awarding the bid for building two pump stations to Thielen
Turf for $263,900.00.
Due to a transposition in the figures, Marc Dutton was the low bidder for
Glen Oaks. Below is the corrected bid.
Thielen Turf
Mt. Pleasant
Marc Dutton
Waterford
Northwood Contracting
Shelby
White Lake Oaks Glen Oaks
$141,175 $148,810
158,825 122,725
143,555 140,400
Staff recommends you now split the bid and award the contract for White
Lake Oaks to the low bidder, Thielen Turf, in the amount of $141,175, plus a ten
percent contingency of $14,118, for a total budgeted amount of $155,293. In
addition, award the contract for Glen Oaks to the low bidder, Marc Dutton, in the
amount of $122,725, plus a ten percent contingency of $12,273, for a total
budgeted amount of $134,998.
18f-1
ASPHALT CART PATHS
White Lake Oaks — Red Oaks — Lyon Oaks
We have received from Purchasing the following bids for the installation of new
golf cart paths and capping of some existing cart paths for the three listed golf courses.
White Lake Oaks Red Oaks Lyon Oaks Total
Bush Brothers $17,300 $11,100 $21,500 $49,900
Farmington Hills
Total Asphalt $20,760 $10,370 $21,900 $53,030
These projects are part of our ongoing process of installing cart paths on heavy
use areas.
Staff recommends you award the three projects to Bush Brothers for $49,900,
plus a 10% contingency of $4,990, for a total budgeted amount of $54,890.
Funds for these projects are budgeted in the CIP and Grounds Maintenance
Budget.
18g-1
ITEM #19
EXECUTIVE OFFICER'S REPORT
---White Lake Oaks has been selected as the Oakland Press Readers' Choice favorite golf course
---Grant Funding Moratorium: The moratorium from Governor Granholm's office is not in effect relative to the
Michigan Natural Resources Trust Fund monies.
---Catalpa Oaks: Staff has met with the city of Southfield relative to arrangements for an intergovernmental
maintenance agreement for Catalpa Oaks.
Staff has begun its evaluation of options and future operation and maintenance.
---OCSO Canine Unit: Attached for your information is a copy of two recent articles on the Oakland County
Sheriff's Office Canine Unit, including mention of the training facility at Independence Oaks.
---Wetland Preservation as mitigation: Staff has been working with Oakland County Planning and Economic
Development, the Oakland Land Conservancy, and the Michigan Department of Environmental Quality to develop
a portfolio of potential wetland mitigation opportunities for Oakland County. Enclosed is a draft copy of two
educational publications that describe components of the program.
---Reading Rewards Program: Over 5,000 Oakland County students from 50 schools will be exercising their
swimming muscles in return for using their reading muscles during the "March is Reading month" promotion. The
students logged over one -million pages read.
Oakland County Parks offered the Oakie's Reading Ranger Program to all students in K-8th grade in Oakland
County. The free program rewarded students for reaching reading goals, based on their grade level.
For completing this initiative the students will receive a waterpark pass that is good at Red Oaks or Waterford
Oaks Waterpark through June 30, 2007.
---Concert in the Parks: Staff has been notified that Oakland County Parks did not receive the grant for the
Concert in the Parks program from the Oakland County Cultural Council.
---Upcoming Events:
BlazeSports Talon of Oakland County compete in the Michigan Victory Games on May 17 - 20 at MSU.
12-Hour Bike Race at Addison Oaks on May 19 run by Fun Promotions
NEW program: Teens Outside! A partnership with NRPA and the Outdoor Industry Foundation kicks off
with the Teens Outside Festival on June 1 at Independence Oaks. Current partners include Riverside
Kayak Connection, North Oakland YMCA, SOLAR, Sporting Lands Alliance, Northwest Parks &
Recreation, Campfire USA, Oakland County Youth Assistance.
19-1
ds...
1
DES
TS
om
jr
I
Carry
The Unit has one of the few dogs trained
for arson detection in Michigan: K-9 Blaze.
x —� ice► f
�
T:
•
■ Above: It's training day for Oakland County Sheriff's officers and service dogs (left to right):
Deputy Michael Richardson and K-9 Boss, Deputy David Roddy and K-9 Rudy, Sergeant Joseph
Lambourn, Deputy David Curtis and K-9 Finn, and Deputy Lonnie Mullins and K-9 Boomer.
rush-hour traffic or traveling long
distances across the county. For outdoor
training, the K-9 Unit has available a
2.4-acre parcel of land donated by the
Oakland County Parks Administration.
In addition to the K-9 Unit training
on its own each day, the Sheriff's Office
has set aside four eight -hour days per
month for group training. All teams are
certified by the National Association of
Professional Canine Handlers.
Handler Experience and FLSA
Officers entering the K-9 Unit have an
average of 10 years of law -enforcement
experience. The number of officer years
in the unit ranges from one to nine.
Handlers receive one-half hour of over-
time pay per day plus a take-home car.
The department also provides a kennel
and all veterinary services. Once a
month, a veterinarian provides an in-
house checkup and advice on canine
care. Additionally, the department pays
for two in -home visits by the veteri-
narian per year. ■
7)FPLC'
Canines Increase
Successful Outco n,
"From my days as a street officer, I've
been a believer in and supporter of c
units," Oakland County Sheriff Michi
Bouchard says. "We started this K-9 i
with four teams, and it's now up to 1
dogs. The canines are a huge asset, E
that we've come to rely on. Without
unique capabilities and skills, in some
circumstances, we may not have the
successful outcomes.
"For example, recently my narcotic
enforcement team stopped a car anc
given permission to search. The ACE
strong reasons to believe that there v
drugs in the car; however, they seard
vehicle fully and found nothing. They '
brought a dog over, and the dog
continuously hit on the car's gas tank
The officers looked further in the 1
and for hidden compartments an(
didn't see anything. But the dog cone
to react strongly to the area where gi
into the tank. So the team used a fib
device that allowed them to see dove
the tank, and they found a substantii
quantity of cocaine shrink-wrapped it
plastic, then wrapped in tube socks,1 '
immersed in the gasoline. We would
have found that without the dog inc
that we weren't looking in the right
Another important responsibility of the A.E. Team
is to educate the students of Oakland County of the
hazards of underage drinking and driving. They
accomplish this task through the S.C.O. P.E. pro-
gram (Stop Drinnking, Consider the Consequences,
Observe Yourself, Protect Society, Educate Others),
which in 2006, trained 19,000 high school students
throughout Oakland County during the school year.
Alcohol Enforcement Team 2006
I DWI Arrests .......................................... 400.
Citations .......... . 1,396
SCOPE -Students Trained . ....................... 19,000
CANINE UNIT
In 2006, the Canine Unit was increased from 13
to 14 dogs. Deputy Michael Carolin retired his
canine partner, Niko, due to health issues after six
years of service. Independence Township added a
canine, and the Sheriff's Office added a fire inves-
tigation canine, Blaze. In a little less than four
months in service, Deputy Kangas and his partner,
Blaze, have responded to over 47 searches that
have resulted in four arrests.
In the spring, the OCSO and the Oakland County
Parks Comnission entered into an agreement where
2.5 acres from Independence Oaks was designated
as a training facility for the OCSO Canine Unit and
other law enforcement agencies throughout Oakland
County. All maintenance of the facility is provided
by the Parks Commission. This facility has allowed
all of the Deputies to practice together it our own
County (the former training facility was it Macomb
County), and in case of an emergency, they are near
1-75 and major roads to ensure a quick response. As
an example, because of the close proximity, call outs
during training day have resulted in tracking an
escapee that had a firearm and crack cocaine.
The Canine Unit had another successful year in
2006. Over a million dollars in drug monies were
forfeited as a result of canine searches, and arrests
increased from 144 to 179. Additionally, the Unit
has assisted in the recovery of stolen property and
evidence from crime scenes. The United States
Secret Service and the U.S. Department of Defense
both called upon the OCSO Canine Unit several
times throughout the year for bomb sweeps prior
to dignitary visits to the area. The K-9 Correction
team of Deputy Rodney White and Kelo, his canine
partner, has made the OCSO Correctional and
Courts facilities safer and drug -free.
In October, the entire OCSO Canine Team spent
a week in training with the International Police
Work Dog Association National Workshop. This
workshop was held at the Alpena Combat Readiness
Training Center in Alpena. Every training scenario
was put forth to our Unit, and at the end of the
week, all Canine teams were certified in handler
protection, obedience, narcotics, area and article
searches, bombs and explosives (bomb dogs only),
and arson accelerants (fire investigation dog only).
Canine Unit Statistics 2006
Calls'for-Service ... .. .....................
906
Assists ..... ... .... .. ..
....309
Searches .... ...... ....:..........386
Tracks .............................`........
... .245i
,Jail Searches...................................46
Canine Demos.......................................81
Drug Seizures .. ...............1
1,026
Cash Seized ........... .. .
$1,037,638
Vehicles Seized . ....................................
27
Drugs Seized Y "V
Marijuana ......................................
724lbs
Cocaine .............................. ........30,
Kilos
Heroin . ...................................
1 Kilo
Ecstasy Pills .....................
. 50,150
19-3
16 0 A K L A N D C O U N T Y S H E R I F F' S O F F I C E
cot�y >�--
Oakland Land Conservancy
WETLAND PRESERVATION AS MITIGATION
WETLAND PERMITS AND
GREEN INFRASTRUCTURE
According to Michigan law, anyone planning to per-
form activities that impact wetlands must apply for a permit
from the Michigan Department of Environmental Quality
(MDEQ). When MDEQ approves wetland permits, they may
also impose conditions on the permittee to offset any resulting
impairment to wetland benefits or water quality. These condi-
tions may take the form of a requirement to construct new
wetlands or to permanently preserve additional existing wet-
lands.
Oakland Land Conservancy's Wetland Preservation as
Mitigation program is not involved with MDEQ's permit ap-
proval process and does not seek to influence the outcome of a
permit application. The purpose of the program is to assist with
the implementation of an approved permit that requires off -
site wetland preservation, with the ultimate goal of preserving
important natural and hydrological resources within a green
infrastructure network.
Green infrastructure is an interconnected network of
green space that conserves natural ecosystem values and func-
tions and benefits human populations. Oakland Land Conser-
vancy is working in partnership with county and local govern-
ments and other conservation groups to develop a vision of
green infrastructure in Oakland and southern Lapeer County.
This vision guides the Conservancy's work as we implement
our mission to "preserve, protect and connect natural areas
and open spaces to enhance the quality of life in and around
Oakland County."
WETLAND PRESERVATION
Oakland Land Conservancy, in partnership with Oak-
land County Planning & Economic Development Services has
developed a portfolio of parcels in Oakland County and south-
ern Lapeer County that are high priority for conservation and
potential candidates for preservation to fulfill a wetland permit
The Conservancy has screened these parcels for quality of
natural and hydrological resources. We provide Information
about the wetland parcels in our portfolio to MDEQ staff, but
make no assumption that a parcel will be approved by MDEQ
for fulfillment of a given permit
Preservation of a wetland parcel must be permanent,
meaning that any parcel purchased must also be protected by a
conservation easement and that resources for perpetual moni-
toring and stewardship need to be provided.
Preservation outcomes could include the purchase of
parcel to be owned by Oakland Land Conservancy with a con-
servation easement held by MDEQ over wetland areas. Alter-
natively, the parcel could be transferred to a government
agency such as Oakland County Parks & Recreation or a local
municipality or retained by the original landowner with a con-
servation easement held by MDEQ or the Conservancy.
Oakland Land Conservancy's Golden Preserve for Biological Dver-
si_ was purchased in part with wetland pervrit mitigation f rnds from
Singh Development. The proper_ is owned by the Conservancy, )pith
a conservation easement held by MDE0. More details about this
project are available at avzvrv.oaklandlandconservarrcy.otg
Blue plater Isles is a 445 acre high quality wetland on Lake St.
Clair located adjacent to the Michigan Department of Natural Re-
sources (MDINR) St. John's Marsh Recreation Area that was pur-
chased by tiY'aste Management to fu f 11 their wetland pemit obbSa-
tions. The site is nozv permarzeratly protected by an MDEQ conserva-
tion easement and under the ownershp ofMDIVR. This project was
facilitated bvASTlEnvironmental. Inc. (www.asti-enucom).
(AR20070410MrrA)
19-4
Page 2
WETLAND PRESERVATION AS MITIGATION
COSTS TO PERMITTEE
The advantages of wetland preservation over wetland
construction are the elimination of the long-term liability required
when wetlands are constructed and elimination of the risks associ-
ated with new wetland construction project failure (early or later),
as well as maintenance and stewardship problems. Once perma-
nent preservation is accomplished, the permittee's responsibility
for that parcel is ended. The permittee is responsible for any costs
required by the MDEQ wetland permit, which may include:
• Funds to purchase land or conservation easement
• Costs of acquisition, including surveys, appraisals and legal
costs
• Boundary signs delineating conservation easement
An advantage to working with the Conservancy's Wet-
land Preservation as Mitigation program is that many of the ele-
ments are already in place, such as model legal documents, prelimi-
nary cost assessment and preliminary natural resource assessment,
which can greatly reduce time and expense for all concerned. The
permittee is responsible for the costs of preservation being imple-
mented by the Conservancy, which include:
• Endowment contribution to fund future monitoring and stew-
ardship of conservation easement
• Legal Defense Fund contribution to fund defense of the ease-
ment in case of legal challenge or violation
• Conservancy staff costs for landowner negotiation, field stud-
ies, preparation of legal documents, baseline documentation
report and management plan and coordination with conserva-
tion partners, including MDEQ
CHARITABLE CONTRIBUTIONS
It is our understanding that the funds provided by the
permittee to purchase land or easements to fulfill the obligations of
an MDEQ wetland permit do not qualify as a charitable contribu-
tion. The permittee should consult with their financial advisors
regarding the deductibility of contributions that are not expressly
required by the MDEQ permit, but which accomplish additional
conservation and fund the Conservancy's ability to implement cur-
rent and future activities.
CONCLUSIONS
The Wetland Preservation as Mitigation program has
been developed by Oakland Land Conservancy, Oakland County
Planning & Economic Development Services and Oakland County
Parks & Recreation as a way to further the preservation of wet-
lands and associated uplands within the context of a green infra-
structure network. We have established a portfolio of wetland
parcels that are excellent candidates for conservation and potential
candidates for preservation to fulfill MDEQ wetland permit obliga-
tions. The information in our wetland parcel portfolio is shared
with MDEQ and available to our partners in the development com-
munity by contacting the Conservancy.
It is our goal that working with the Conservancy to pre-
serve wetlands as required by MDEQ permit will reduce both time
spent and project costs for all parties and will ensure a satisfactory
outcome that preserves a significant amount of natural and hydro-
logical resources.
What is a Wetland?
Michigan's wetland statute, Part 303, Wetlands Protection, of
die Natural Resources and Environmental Protection Act,
1994 PA 451, as amended, defines a wetland as "land charac-
terized by the presence of water at a frequency and duration
sufficient to support, and that under normal circumstances
does support, wetland vegetation or aquatic life, and is com-
monly referred to as a bog, swamp, or marsh." The definition
applies to public and private lands regardless of zoning or
ownership.
Most people are familiar with the cattail or lily pad wetland
found in areas with standing water, but wetlands can also be
grassy meadows, shrubby fields, or mature forests. Many wet-
land areas have only a Ihigh ground water table and standing
water may not be visible. Types of wetlands uhclude deciduous
swamps, wet meadows, emergent marshes, conifer swamps,
wet prairies, shrub -scrub swamps, fens, and bogs.
Source: Zrluni%nricl)igangou/deg/
Resources:
We welcome inquiries from developers, environmental con-
sultants, attorneys, or others about the Wetland Preservation
as Mitigation program.
• For more information about wetlands and wetland permits,
call the Southeast Michigan office of Michigan Depart-
ment of Environmental Quality at (586) 753-3700 or visit
w-,vw.michigan.gov/deq and click on "WATER" and then
"Wetlands Protection" in the left-hand navigation column.
• To find out more about Green Infrastructure planning in
Oakland County, call Senior Planner Jim Keglovitz at Oak-
land County Planning & Economic Development Ser-
vices at (248) 858-5447 or v1sit,,vwv.oak-gov.com/es and
follow tie links to "Green Infrastructure".
If you or your client are looking for wetland preservation
opportunities to fulfill the conditions of an approved
MDEQ wetland permit or if you would like to find out
more about the Conservancy's Wetland Preservation as
Mitigation program, call Executive Director Donna Folland
at Oakland Land Conservancy at (248) 601-2816. If your
project is located outside of Oakland Land Conservancy's
service area (Oakland County and southern Lapeer County),
we will refer you to a local conservation partner. We will be
happy to share the Conservancy's protocol and model docu-
ments with the conservation partner in your area.
• If you or your client is interested in wetland preservation
opportunities that specifically benefit the Oakland County
Parks system, call Landscape Architect Jon Noyes at Oak_
land County Parks & Recreation at (248) 858-4624.
' 1iQ1VLC-0OA-VV. SSr 1
} 6 (p CLC, C� P_C d (AR20070410MITA)
19-5
THE PRESERVATION OF WETLANDS AS WETLAND MITIGATION ®-UO
DEPARTMENT OF ENVIRONMENTAL QUALITY ♦ LAND AND WATER MANAGEMENT DIVISION
Jennifer M. Granholm, Governor ♦ Steven E. Chester, Director
www.michigan.gov/deqwetlands
When can preservation be accepted as mitigation?
Rule 5 (4)(d) of the administrative rules for Part 303, Wetlands Protection, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended, states that "The
preservation of existing wetlands may be considered as mitigation only if the department
determines that all of the following conditions are met:
(i) The wetlands to be preserved perform exceptional physical or biological functions that
are essential to the preservation of the natural resources of the state or the preserved
wetlands are an ecological type that is rare or endangered.
(ii) The wetlands to be preserved are under a demonstrable threat of loss or substantial
degradation due to human activities that are not under the control of the applicant and
that are not otherwise restricted by state law.
(iii) The preservation of the wetlands as mitigation will ensure the permanent protection of
the wetlands that would otherwise be lost or substantially degraded."
In accordance with the mitigation rules no net loss statement, it was not intended that credit for
the preservation of existing wetlands be given routinely. All three of the criteria listed above
must be met to approve preservation of existing wetlands as mitigation. The wetland to be
preserved could be on site or at another property, as long as it meets the criteria. The required
mitigation ratio is 10 acres of wetland preservation for 1 acre of permitted wetland impact.
The criteria in Rule 4, for the determination of wetlands that are essential to the preservation of
the natural resources of the state, can be used to identify the exceptional physical or biological
functions needed for the approval of preservation as mitigation. The following functions can be
considered exceptional physical or biological functions:
"(a) It supports state or federal endangered or threatened plants, fish, or wildlife specified in
Section 36501 of Act Number 451 of the Public Acts of 1994, as amended, being
§324.36501 of the Michigan Compiled Laws.
(b) It represents what the state has identified as a rare or unique ecosystem.
(c) It supports plants or animals of identified regional importance.
(d) It provides groundwater recharge documented by a public agency."
Wetlands that are of an ecological type that is rare or endangered are found on the below list of
Michigan rare and endangered natural communities. Wetlands that either provide exceptional
physical or biological functions or are on the rare or endangered community list would meet the
first condition of Rule 5(4)(d).
Many activities on the applicant's property would be considered "under the control of the
applicant." Activities not under the control of the applicant could include such things as county
drain projects, hydrologic changes, increased pollutant loading resulting from adjacent
development, or other outside disturbances. Activities regulated by Part 303 would be
considered restricted by state law. Any wetland (including a wetland under state jurisdiction)
19-6
threatened by unregulated activities not under the control of the applicant would meet the
second condition.
For mitigation credit to be given for preservation, a plan must be developed by the applicant to
permanently protect the wetland. This would include a conservation easement and any other
means needed to monitor and protect the wetland from future degradation or threats. If an
acceptable plan is developed that would permanently protect the wetland, the third condition
would be met.
An example of a wetland that would meet the preservation conditions would be a regulated fen
or peatland that supports listed species and is threatened by stormwater runoff from adjacent
development. Permanent protection of the wetland from both runoff and potential human
disturbance of the listed species would be necessary. Another example would be the protection
of a noncontiguous interdunal wetland threatened by off -site activities (such as a housing
development) where the applicant could show that the wetland would be protected by a buffer
zone, stormwater management, conservation easement, etc. In this case, the buffer zone
required for permanent protection must be included in the conservation easement. However,
the acreage of the buffer would not count as mitigation credit.
List of Rare and Endangered Michigan Natural Communities:
Great Lakes marsh
Southern wet meadow
Inland salt marsh
Intermittent wetland [Boggy seepage wetland]
Coastal plain marsh
Interdunal wetland
Lakeplain wet prairie
Lakeplain wet-mesic prairie
Northern wet-mesic prairie
Wet-mesic prairie
Wet prairie
Prairie fen
Northern fen
Patterned fen
Poor fen
Muskeg
Rich conifer swamp
Relict conifer swamp
Hardwood -conifer swamp
Northern swamp
Southern swamp
Southern floodplain forest
Inundated shrub swamp
Wooded dune and swale complex
Boreal forest
Mesic southern forest [Southern hardwood
forest]
Mesic northern forest [Northern hardwood forest;
Hemlock -hardwood forest]
Dry-mesic southern forest [Oak -hardwood
forest]
Dry-mesic northern forest [Pine -hardwood
forest]
Lakeplain oak openings
Sand/gravel beach
Cobble beach [Cobble shore]
Alvar [Alvar grassland]
Basalt bedrock glade
Igneous bedrock glade
Limestone bedrock glade [Alvar glade]
Sandstone bedrock glade
Volcanic conglomerate bedrock glade
Basalt bedrock lakeshore
Igneous bedrock lakeshore
Limestone bedrock lakeshore [Alvar pavement]
Volcanic conglomerate bedrock lakeshore
Sinkhole
Dry southern forest [Oak forest]
Dry northern forest [Pine forest]
Oak openings
Great Lakes barrens
Lakeplain mesic sand prairie
Mesic sand prairie
Mesic prairie
Hillside prairie
Woodland prairie
Dry sand prairie
Oak barrens
Oak -pine barrens
Pine barrens
Northern bald [Krummholz ridgetop]
Open dunes
Moist acid cliff
Moist non-acid cliff
Dry acid cliff
Dry non-acid cliff
Basalt lakeshore cliff
Sandstone lakeshore cliff
Volcanic conglomerate lakeshore cliff
Cave
Bur oak plains
19-7 2/28/2007
LONG-RANGE PLANNING SESSION
Immediately following the Commission meeting, Executive Officer Dan
Stencil will lead the Commission in a discussion to develop the future philosophy
for the Parks Commission as it relates to forming the foundation of our strategic
plan.
A working lunch will be provided. We expect to be completed no later than