HomeMy WebLinkAboutAgendas/Packets - 2008.08.13 - 401492800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917
248.858.0906 > 1.888.00PARKS • www.oal<gov.com/parl<srec
FM I
ICOUN KS
August 8, 2008
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE .............................Orion Township Offices
2525 Joslyn Road
Lake Orion MI
TIME .............................. Wednesday, August 13, 2008
9:00 a.m.
PURPOSE ..........................Regular Meeting & Park Tour
This meeting has been called in accordance with the authorization of Chairman
Pecky D. Lewis, Jr. of the Oakland County Parks and Recreation.
Sincerely,
CJ
Daniel J. Stencil
Executive Officer
Parks and Recreation
Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman Next Meetings: Wednesday, September 3; Regular Meeting — Adopt Budget
J. David VanderVeen Wednesday, October 1; Regular Meeting
Secretary
Hugh D. Crawford
Vincent Gregory
Gregory C. Jamian
Eileen T. Kowall
John P. McCulloch
C' -s Palmer
S. G. Taub
Daniel J. Stencil
Executive Officer
D:\$Data\My documents\COMMIS SN\agend altr. doe
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
July 23, 2008
Chairman Lewis called the meeting to order at 9:11 a.m. in the commission room of the Parks 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, Gregory Jamian, John McCulloch, Charles Palmer, Shelley Taub
COMMISSION MEMBERS ABSENT:
Eileen Kowall
ALSO PRESENT:
Parks and Recreation
Oakland County Facilities Management
Oakland County Corporation Counsel
Oakland County Human Resources
Oakland County 4-H Fair Association
Oakland County Drain Commission
Leisure Vision (ETC Institute)
Pros Consulting, Inc.
PUBLIC COMMENTS:
Daniel Stencil, Executive Officer
Sue Wells, Administrator — Parks & Rec. Operations
Frank Trionfi, Administrator — Parks Administration
Clyde Herb, Chief of Parks
Janet Pung, Marketing & Communications Officer
Jim Dunleavy, Chief of Recreation
Mike Donnellon, Architectural Engineer II
Jon Noyes, Architectural Engineer II
Sheila Cox, Accountant IV
Phil Castonia, Recreation Supervisor
Derenda Howard, Recreation Specialist
Rebecca Imhoff, Intern
Chandra Robinson, Intern
Sarah Gwisdalla, Intern
Mike Hughson, Property Management Specialist
Jody Sturtz Hall, Assistant Corporation Counsel
April Bradshaw, Analysis
Lori Motyka, Supervisor, Selection & Placement
LC Scramlin, General Manager
Dave Coleman, President
Kevin Larsen, Deputy Drain Commissioner
Ron Vine, President
Leon Younger, President
Springfield Oaks Activity Center General Manager LC Scramlin reported on the success of the 2008 Oakland
County Fair, thanking Parks staff for their efforts to ensure the Fair ran smoothly. Almost 80,000 people
attended the Fair this year, which represents approximately 5 percent of the total visits to the entire park
system annually.
APPROVAL OF MINUTES:
Moved by Mr. Crawford, supported by Mr. Palmer to approve the minutes of the regular
meeting of June 4, 2008, as written.
AYES: Crawford, Gregory, Jamian, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
4-1
(Commission Meeting, July 23, 2008)
Motion carried on a voice vote.
COMBINED STATEMENT OF OPERATIONS:
The Combined Statement of Operations for the month ending May 31, 2008 (FM 8, 08) was accepted as filed.
ACTIVITY REPORT:
The Activity Reports for the months of May and June, 2008 were accepted as filed.
STAFF INTRODUCTIONS:
Recreation Specialist Derenda Howard introduced Rebecca Imhoff and Chandra Robinson from Ferris State
University, and Sarah Gwisdalla, from Central Michigan University, who are serving as interns in the
Recreation Section.
STRATEGIC MASTER PLAN CITIZEN SURVEY RESULTS:
Ron Vine, Leisure Vision (ETC Institute), presented findings from the spring 2008 county -wide citizen survey,
along with comparisons from the 2006 survey. He also shared data benchmarking Oakland County Parks to
other systems nationally.
RED OAKS GOLF COURSE ENTRANCE DRIVE RELOCATION:
Moved by Mr. Crawford, supported by Mr. Jamian to approve the recommended entrance
improvements at the Red Oaks Golf Course, allowing the Oakland County Drain Commission
to include the alternate cost of $49,670 within the Oakland County Drain Commission
contract 6b with Six-S, Inc. of Waterford, plus approval of a ten percent contingency of
$4,970, for a total budgeted amount of $54,637.00.
Staff noted that the funds will be transferred to the Oakland County Drain Commission upon completion of the
project.
AYES: Crawford, Gregory, Jamian, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
TOLLIVER/DALTON INDUSTRIES:
Property Management Specialist Mike Hughson noted that minor changes to the purchase agreements with
Homer Tolliver on the Dalton Industries parcel were recommended by the owner's attorney. The
recommended changes did not affect the terms approved at the June 4, 2008 meeting.
Moved by Mrs. Taub, supported by Mr. VanderVeen to approve the revised purchase
agreements for the acquisition of the Tolliver and Dalton Industries parcels adjacent to
Waterford Oaks in Waterford Township, as presented.
AYES: Crawford, Gregory, Jamian, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
4-2
(Commission Meeting, July 23, 2008)
Motion carried on a voice vote.
Commissioner McCulloch was excused. Chairman Lewis announced that, in the absence of Drain
Commissioner John McCulloch, Kevin Larsen will be serving as his designee for the remainder of the meeting.
DEPARTMENT RE -ORGANIZATION:
Executive Officer Dan Stencil presented the conceptual department re -organization, which has been planned
to align with the department's new strategic master plan. Mr. Stencil noted some positions will be eliminated,
some duties consolidated, and new positions created to facilitate the implementation of the strategic master
plan.
Once approved by the Parks Commission, staff will proceed with formal approval process through the
Oakland County Board of Commissioners. Effective date of the re -organization is planned for September 27,
2008 in conjunction with the new fiscal year.
Staff recommended Commission approval of the conceptual re -organization, with a fully detailed resolution to
be presented for approval at the August 13 Commission meeting.
Moved by Mr. Jamian, supported by Mr. VanderVeen to support the conceptual department re -organization as
presented by staff.
AYES: Crawford, Gregory, Jamian, Lewis, McCulloch, Skarritt, Taub, VanderVeen (8)
NAYS: (0)
Motion carried on a voice vote.
CLOSED SESSION:
Moved by Mr. Crawford, supported by Mrs. Taub to adjourn to Closed Session for the
purpose of discussing proposed land acquisitions.
ROLL CALL VOTE:
AYES: Crawford, Gregory, Larsen, Lewis, Palmer, Richards, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
A sufficient majority having voted, the motion carried.
The Chair declared the meeting closed at 10:47 a.m. The meeting resumed in open session at 11:28 a.m.
PROPERTY ACQUISITION:
Moved by Mr. Palmer, supported by Mr. Crawford to authorize staff to proceed according to
the discussion in the Closed Session.
AYES: Crawford, Gregory, Larsen, Lewis, Palmer, Richards, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
EXECUTIVE OFFICER'S REPORT:
4-3
(Commission Meeting, July 23, 2008)
In addition to the Executive Officer's report filed in the agenda, the following information was noted
---The approval of payments does need to be part of the Commission meeting agenda, per direction from the
auditors. This item will be placed on the agenda beginning with the August 13 meeting.
---The next Commission meeting will be held at the Orion Township offices located at 2525 Joslyn Road in
Orion Township, to be immediately followed by a tour of Orion Oaks and Addison Oaks.
BUDGET WORK SESSION:
The proposed revenue budget for Fiscal Year 2009 is $23,486,454, down 3.3% over the proposed budget for
Fiscal Year 2008. Of this amount, $8,475,454 comes from fees and charges and interest on investments; the
remaining balance of $15,011,000 will come from the millage.
The proposed operating budget for Fiscal Year 2009 is $24,558,927, an increase of .077% over the 2008
proposed budget. The majority of this increase is due to increased operating contingency in the amount of
$300,000 for potential Information Technology (IT) costs. A 1.0% salary increase has been included for
salaries in Fiscal Year 2009 for full-time employees. Our Fiscal Year 2008 adjusted operating budget is 8.3%
or $1,861,849 less than originally budgeted due to reduced depreciation projection, postponed building and
grounds maintenance projects, and reduced salary costs resulting from unfilled staff positions. Our Fiscal Year
2008 revenue budget is 0.3% or $83,365 less than originally budgeted.
Operating Equipment requests for Fiscal Year 2009 total $360,374. Of this amount, $299,770 will be spent on
replacement equipment.
Estimated new funds for Capital Improvement for Fiscal Year 2009 are $2,084,153, of which $550,000 is
earmarked for payment to the Oakland County Building Authority for Lyon Oaks and $1,500,000 has been
budgeted for IT Master Plan Projects. The balance of $34,153 is available to fund additional Capital Projects
for FY 2010.
In 2007, the Oakland County Parks and Recreation Commission added two new parks — Catalpa Oaks and
Highland Oaks. FY2009's budget reflects the operating and capital costs of those budget centers.
This proposed budget does not reflect our department's pending re -organization. We have budgeted based
upon the current organizational chart. Budget adjustments will be made as the re -organization is implemented.
Information Technology Master Plan — Phase I Project Plan:
The first phase of the IT master plan is a $1.5 million initiative that is budgeted under our Contingency Fund. It
is part of a projected $4.5 to $5 million dollar project over the next three years. Information Technology is the
foundation of many of the strategic initiatives identified in the strategic master plan. Staff's focus over the next
year will be primarily directed to the implementation of this plan, which will allow staff to make better informed
decisions, identify our customer base, and to realize operational efficiencies using information technology.
Commission discussed designating the balance of funds remaining from the original $80,000 allocated for the
IT master plan to the implementation of the network connectivity before the new fiscal year begins.
Moved by Mrs. Taub, supported by Mr. Palmer to allocate the balance of the $80,000
originally budgeted for the Information Technology Master Plan to initiate the implementation
of the network connectivity to the parks system.
AYES: Crawford, Larsen, Lewis, Palmer, Richards, Skarritt, Taub (7)
NAYS: (0)
4-4
(Commission Meeting, July 23, 2008)
Motion carried on a voice vote.
Pricing Policy:
Leon Younger of Pros Consulting presented "Developing a Pricing Policy," recommending Commission
approve a pricing policy based on cost recovery rather than continuing to establish fees and charges based on
local market, and allowing staff to work under that policy.
Proposed fees and charges for the Fiscal year 2009 budget are based on historical practices. However, staff
will be working to establish the cost recovery policy, and fee changes may be requested during this budget
year.
Fees and Charges:
The fees and charges were reviewed, with the following additional changes from the commission:
Commission directed staff to consider eliminating the regular price charged for the Annual Motor Vehicle
Permits.
Addison Oaks:
Add "Plus entrance fee at resident rate" under Shelter Rental Rates.
Springfield Oaks Activity Center:
Commission questioned the disparity between 4-H and non 4-H event rates. Staff will investigate the
reasons for the disparity.
Waterford Oaks:
Staff will investigate setting a clean-up fee for using the Lookout Lodge.
Major Grounds and Building Maintenance Projects and Capital Improvement Projects:
Design and Development staff reviewed the major grounds and building maintenance projects, plus capital
improvement projects proposed throughout the parks system for the next year.
Fiscal Year 2010 Budget:
• In order to align our department with the county and their budget process, our budget process will be
moved up 4 — 5 months. Therefore, in order to accommodate that new process, staff will begin FY 2010's
budget in January, 2009.
• For future budget work sessions, Commission requested staff either schedule a separate meeting for
the budget work session or ensure a short agenda for the regular meeting portion of that day.
Meeting was adjourned at 1:05 p.m.
The next Commission meeting will be at 9:00 a.m. on Wednesday, August 13, 2008, at the Orion Township
offices at 2525 Joslyn Road.
Gr"SIGAP
J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary
4-5
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PAYMENT APPROVAL SUMMARY
FOR MEETING OF:
August 13, 2008
INTERNAL SERVICE FUNDS JOURNAL VOUCHER REGISTER:
June (FM 9)
1,492,624.59
May (FM 8)
1,073,399.96
April (FM 7)
822,733.91
March (FM 6)
896,761.09
February (FM 5)
1,081,553.88
January (FM 4)
1,327,654.74
December (FM 3)
902,748.19
OAK MANAGEMENT INC. CREDIT FOR SERVICES RENDERED REGISTER:
April, May and June (FM 7, 8 & 9, 2008) 3,597.63
January, February and March (FM 4, 5 & 6, 2008) 996.94
October, November and December (FM 1, 2 & 3, 2008) 547.50
*PAYMENT REGISTER:
Voucher Report Period, June (FM 9, 2008) 1,043,428.02
Voucher Report Period, May (FM 8, 2008) 1,213,061.13
Voucher Report Period, April (FM 7, 2008) 949,689.86
Voucher Report Period, March (FM 6, 2008) 653,910.31
Voucher Report Period, February (FM 5, 2008) 223,482.77
Voucher Report Period, January (FM 4, 2008) 847,616.36
Voucher Report Period, December (FM 3, 2008) 666,247.33
TOTAL $13,200,054.21
*BACKUP INFORMATION IS AVAILABLE FOR REVIEW.
5-1
Oakland County Parks ar+'^Recreation Commission
Internal Service & Departr, Funds Payment Register
For the month of June, 2008 (FM 09)
Source
Department/Fund
Purpose
Amount
JE-AET06/08
O.C. Finge Benefit Fund
Short-term disability for Jun. -Tech. Supp. & Indep.
$6,256.00
JE-AUC08P16
O.C. General Fund
Online auction expense against proceeds of $68.01 -Admin. & Glen Oaks
2.38
JE-AUC08P17
O.C. General Fund
Online auction expense (against proceeds of $125.01)-Admin., Mob. Rec. & R.O.W. Park
4.38
JE-AUC08P17
O.C. General Fund
Spring 2008 auction expense non -vehicle (against proceeds of $15,275.00)-various parks
654.83
JE-53101
O.C. Treasurer's Office
Credit card expense for May -Add., Grove., Indep., Wh. Lk., Glen Oaks, Red Oaks, Spring., Lyon G.C.
5,970.85
R.O.W. Park, W.O.W. Park & Mob. Rec.
JE-53035
O.C. Information Technology
2008 IMAGIN membership dues (Brittany Bird)-Admin.
40.00
JE-53285
O.C. Indirect Cost
Indirect cost for Apr., Ma & Jun..-Admin.
110,522.00
PRTJUNE08
O.C. Printing, Mailing & Copier Fund
Printing charges for Jun.-Admin., Rec. Admin., Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks, Red
2,768.99
Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, Mob. Rec., Nat. Cntr., Lyon G.C. & Catalpa
MLRJUNE08
O.C. Printing, Mailing & Copier Fund
Mailing charges for Jun.-Admin.
1,774.13
CONVCOPJUN
O.C. Printing, Mailing & Copier Fund
Convenience copier charges for Apr., May & Jun.-Admin. & Rec. Admin.
1,000.34
BLJUN08
O.C. Building & Liability Insurance Fund
Liability insurance charges for 3rd quarter -All Parks
22,044.00
BLPROPINSO
O.C. Building & Liability Insurance Fund
FY2008 Property insurance -All Parks
85,181.00
JE-53206
O.C. Building & Liability Insurance Fund
DOT drug testing charges for Apr., May & Jun.-Rec. Admin., Tech. Supp., Grove. & Mob. Rec.
145.00
MR06/08
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Jun.-Admin., Rec. Admin., Tech. Supp.,
39,526.71
Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon & Lyon G.C.
JE-53421
O.C. Motor Pool Fund
Car washes for Jun.-Admin., Add., Grove., Indep., Wh. Lk., Spring. & Mob. Rec.
37.50
JE-53495
O.C. Facilities & Operations Fund
Security alarm charges for Apr., May & Jun.-Admin., Rec. Admin., Tech. Supp., Wh. Lk., Add.,
2,538.00
Glen Oaks, Spring., R.O.W. Park, SAC, Water., W.O.W. Park, Tob. Complex, Nat. Cntr.,
Lyon &Lon G.C.
CAPC052825, 53348
O.C. Facilities & Operations Fund
Maintenance repair charges for Jun.-Rec. Adm., Wh. Lk., Spring. & Water.
579.29
JE-53236
O.C. Information Technology Fund
Development charges for Apr., May & Jun.-Admin.
10,113.00
JE-53236
O.C. Information Technology Fund
Operation charges for Apr., May & Jun.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Indep.,
39,103.80
R.O.W. Park, Water., W.O.W. Park, Mob. Rec. & Nat. Cntr.
JE-534* `' -
O.C. Information Technology Fund
Radio Communications c�frges for Apr., May & Jun.-Admin.
251.70
8,121.91
JE-53080
O.C. Information Technology Fund
Telephone charges for Juh.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Indep., Wh.Lk.,
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon & Lyon G.C.
JE-52908
O.C. General Fund
Full-time security charges for Jun. -Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks, Red Oaks, Sprinq
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
CAPC052830 & 53349
O.C. General Fund
Security charges for part-time staff 5/24 thru 6/6, 6/7 thru 6/20-Add., Grove., Orion, Indep.,
36,964.27
WH. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX,
Tob. Complex, Lyon &Lon G.C.
CAPC052819, 52820
O.C. Drain Commission Fund
Drain equipment repairs for Jun. -Add., Indep., Spring. A.C. &Lon G.C.
8,249.96
53343 & 54045
JE-53434
O.C. Drain Commission Fund
Water & sewer charges for Jul. -Lyon G.C.
745.14
JE-53432
O.C. Drain Commission Fund
Water & sewer charges for Jun. -Add.
1,283.17
PAY0052553 & 52554
O.C. Payroll Fund
Payroll charges for pay period ending 6/6/08-All Parks
405,307.93
PAY0053211
O.C. Payroll Fund
Payroll charges for pay period ending 6/20/08-All Parks
432,718.07
PAY0052553 & 52554
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 6/6/08-All Parks
111,677.13
PAY0053211
O.C. Fringe Benefits Fund
Fringe Benefits charges for pay period ending 6/20/08-All Parks
134,290.11
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$1,492,624.59
Oakland County Parks anu Recreation Commission
Internal Service & Department Funds Payment Register
For the month of May, 2008 (FM 08)
Source
Department/Fund
Purpose
Amount
JE-AET04/08
O.C. Fringe Benefit Fund
Short-term disability for Apr. -Tech. Supp.
1,905.00
JE-AET05/08
O.C. Fringe Benefit Fund
Short-term disability for May-Indep. & Tech. Supp.
5,823.20
JE-AUC08P14
O.C. General Fund
Online auction expense (against proceeds of $387.00)-Wh. Lk.
13.55
JE-AUC08P15
O.C. General Fund
Online auction expense (against proceeds of $341.00)-Sprin .
11.94
JE-51538
O.C. Treasurer's Office
Credit card expense for Apr. -Add., Grove., Indep., Wh. Lk., Glen Oaks, Red Oaks, Spring., Mob. Rec.,
2,958.91
R.O.W. Park &Lon G.C.
JE-51436
O.C. Planning/information Service
One -Stop -Shop purchases-Admin.
60.00
PRTMAY08
O.C. Printin , Mailing & Copier Fund
Printin charges for Apr.-Admin., Rec. Admin., Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks,
3,168.78
Red Oaks, Spring., W.O.W. Park, Mob. Rec., Nat. Cntr., Lon &Lon G.C.
MLRMAY08
O.C. Printing, Mailing & Copier Fund
Mailin char es for may-Admin.
878 84
MP05/08 & MP02/08B
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for May-Admin., Rec. Admin., Tech. Supp.,
35,543.15
Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
JE-52016
O.C. Motor Pool Fund
Car washes for Apr.-Admin., Add., Indep., Wh. Lk., Mob. Rec. &Lon G.C.
48.25
CAPC051704 & 52013
O.C. Facilities & Operations Fund
Maintenance repair charges for May-Wh. Lk., Red Oaks, Spring. & Water.
786.18
JE-51764
O.C. Information Technology Fund
Telephone charges for Ma Admin., Rec. Admin., Tech. Supp., Add., Grove., Indep., Wh.Lk.,
12,182.32
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon &Lon G.C.
JE-51587
O.C. General Fund
Full time security charges for May -Add., Grove., Orion, Indep., Wh. Lk., Glen Oaks, Red Oaks, Spring.,
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
CAPC051711, 51709
52015 & 52828
O.C. General Fund
Securit charges for part-time staff 4/12 thru 4/25, 4/26 thru 5/9, 5/10 thru 5/23 -Add., Grove., Orion,
Indep., WH. Lk., Glen Oaks, Red Oaks, S rin ., R.O.W. Park, Water., W.O.W. Park, BMX,
33,587.80
Tob. Complex, L on &Lon G.C.
CAPC051693, 52007
52008, 52009 & 52817
O.C. Drain Commission Fund
Drain equipment repairs for May -Add., Orion, Indep., Glen Oaks, Spring. A.C. &Lon G.C.
12,127.27
JE-51257
O.C. Drain Commission Fund
Water & sewer char es for Jun. -Lyon G.C.
745.14
JE-51256
O.C. Drain Commission Fund
Water & sewer charges for May. -Add.
1,283.17
PAY0051326 & 51327
O.C. Payroll Fund
Payroll charges for pay period endin 5/9/08-AII Parks
314,536.98
PAY0051885
O.C. Payroll Fund
Payroll charges for pay period ending 5/23/08-All Parks
362,273.29
PAY0051326 & 51327
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 519/08-All Parks
122,262.19
PAY0051885
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 5/23/08-All Parks
138,451.00
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$1,073,399.96
Oakland County Parks arr"� Recreation Commission
Internal Service & Department Funds Payment Register
For the month of April, 2008 (FM 07)
Source
Department/Fund
Purpose
Amount
JE-50217
O.C. Treasurer's Office
Credit card expense for Mar.-Inde ., Wh. Lk., Glen Oaks, Lyon G.C., Mob. Rec. & Tob. Complex
152.52
PRTAPR08
O.C. Printing, Mailing & Copier Fund
Printing charges for Apr.-Admin., Rec. Admin., Add., Grove., Inde ., Wh. Lk., Glen Oaks,
9,022.10
Red Oaks G.C., Spring., R.O.W. Pool, W.O.W. Pool, Mob. Rec., Nat. Cntr., Lyon G.C. & Rose
MLRAPR08
O.C. Printing, Mailing & Copier Fund
Mailing charges for Apr.-Admin.
1,899.38
JE-49780
O.C. Building & Liability Insurance Fund
Property insurance credit -High.
63.00
MP04/08 & MP04108B
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Apr.-Admin., Rec. Admin., Tech. Supp.,
33,099.42
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
48.50
JE-50626
O.C. Motor Pool Fund
Car washes for Mar.-Admin., Add., Spring. & Mob. Rec.
CAPC051079, 51080
O.C. Facilities & Operations Fund
Maintenance repair charges for A r.-Inde ., Glen Oaks, Red Oaks &Lon G.C.
905.40
& 51086
JE-50401
O.C. Information Technology Fund
Telephone charges for Apr.-Admin., Rec. Admin, Tech. Supp., Add., Grove., Inde ., Wh.Lk.,
11,636.62
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon &Lon G.C.
JE-50224
O.C. General Fund
Full time security charges for Apr. -Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring.,
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
CAPC051093 & 51096
O.C. General Fund
Security charges for art -time staff 3/15 thru 3/28, 3/29 thru 4111-Add., Grove., Orion, Inde .,
18,893.94
WH. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex,
Lyon &Lon G.C.
JE-49647
O.C. Drain Commission Fund
Water & sewer charges for May -Lyon G.C.
745.14
JE-49646
O.C. Drain Commission Fund
Water & sewer charges for Apr. -Add.
1,283.17
JE-50179,50186 & 50194
O.C. Drain Commission Fund
Water & sewer charges for 1/7 thru 4/7-Glen Oaks
1,432.03
CAPC051075
O.C. Drain Commission Fund
Drain equipment repairs for A r: L on G.C.
855.22
PAY0049848 & 49849
O.C. Payroll Fund
Payroll charges for pay period ending 4/11/08-All Parks
236,981.56
PAY0050604
O.C. Payroll Fund
Payroll charges for pay period ending 4/25/08-All Parks
265,863.54
PAY0049848 & 49849
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 4/11108-All Parks
106,200.40
PAY0050604
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 4/25/08-All Parks
109,024.97
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$822,733.91
Oakland County Parks and Recreation Commission
Internal Service & Department Funds Payment Register
For the month of March, 2008 (FM 06)
Source
Department/Fund
Purpose
Amount
JE-48423
O.C. Treasurer's Office
Credit card expense for Feb.-Inde ., Glen Oaks, Lyon G.C., Mob. Rec. & Tob. Complex
395.38
JE-48774
O.C. Indirect Cost
Indirect cost for Jan., Feb. & Mar.-Admin.
110,522.00
PRTMAR08
O.C. Printing, Mailing & Copier Fund
Printing charges for Mar.-Admin., Rec. Admin., Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks,
2,485.21
Red Oaks G.C., R.O.W. Pool, Water., W.O.W. Pool, Mob. Rec., Nat. Cntr., Lyon G.C., Rose & High.
MLRMAR08
O.C. Printing, Mailing & Copier Fund
Mailing charges for Mar.-Admin.
392.09
CONVCOPMAR
O.C. Printing, Mailing & Copier Fund
Convenience copier charges for Jan., Feb. & Mar.-Admin. & Rec. Admin.
669.98
BLSMAR08
O.C. Building & Liability Insurance Fund
Pro.perty insurance charges for 2ndquarter-All Parks
22,044.00
JE-48963
O.C. Building & Liability Insurance Fund
DOT drug testing charges for Jan., Feb., & Mar. -Tech. Supp.
55.00
MP03/08
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Mar.-Admin., Rec. Admin., Tech. Supp.,
30,011.25
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
JE-49122
O.C. Motor Pool Fund
Car washes for Feb. & Mar.-Adm., Add., Spring. & Mob. Rec.
24.25
JE-49425
O.C. Facilities & Operations Fund
Security alarm charges for Jan., Feb. & Mar-.-Admin., Rec. Admin., Tech. Supp., Wh. Lk., Add.,
2,538.00
Glen Oaks, Spring., R.O.W. Park, SAC, Water., W.O.W. Park, Tob. Complex, Nat. Cntr.,
Lyon &Lon G.C.
CAPC048892, 48893
O.C. Facilities & Operations Fund
Maintenance repair charges for Feb: Inde ., Red Oaks, Water. BMX, Tob. Complex &Lon G.C.
2,294.89
& 48901
JE-48792
O.C. Information Technology Fund
Development charges for Jan., Feb. & Mar.-Admin.
6,283.00
JE-48792
O.C. Information Technology Fund
Operation charges for Jan., Feb., Mar.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Inde .,
36,638.00
R.O.W. Park, Water., W.O.W. Park, Mob. Rec. & Nat. Cntr.
JE-49074
O.C. Information Technology Fund
Radio Communications charges for Jan., Feb. & Mar: Admin.& Add.
341.70
JE-48686
O.C. Information Technology Fund
Telephone charges for Mar.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Inde ., Wh.Lk.,
10,825.20
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon &Lon G.C.
JE-48784
O.C. General Fund
Full time security charges for Mar. -Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring.
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
Oakland County Parks and Recreation Commission
Internal Service & Department Funds Payment Register
For the month of March, 2008 (FM 06)
Source
Department/Fund
Purpose
Amount
CAPC048904 & 48906
O.C. General Fund
Security charges for art -time staff 2/16 thru 2129, 3/1 thru 3/14-Add., Grove., Orion, Inde .,
4,038.46
WH. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex,
Lyon &Lon G.C.
JE-48266
O.C. Drain Commission Fund
Water & sewer charges for Apr. -Lyon G.C.
745.14
JE-48256
O.C. Drain Commission Fund
Water & sewer charges for Mar. -Add.
1,283.17
PAY0048420
O.C. Payroll Fund
Payroll charges for pay period ending 3/14/08-All Parks
218,305.25
PAY0049155
O.C. Payroll Fund
Payroll charges for pay period ending 3/28108-All Parks
210,256.99
PAY0048420
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 3/14/08 -All Parks
107,402.88
PAY0049155
1O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 3/28/08-All Parks
104,456.25
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$896,761.09
Oakland County Parks ai.. Aecreation Commission
Internal Service & Department Funds Payment Register
For the month of February, 2008 (FM 05)
Source
Department/Fund
Purpose
Amount
JE-AET12/07
O.C. Fringe Benefit Fund
Short-term disability for Jan. -Spring. &Lon G.C.
$2,457.60
JE-45828
O.C. Treasurer's Office
Credit card expense for Jan.-Inde ., Wh. Lk., Spring., Lyon G.C., Mob. Rec. & Tob. Complex
325.95
PRTFEB08
O.C. Printing, Mailing & Copier Fund
Printing charges for Feb.-Admin., Add., Grove., Inde ., Wh. Lk., Glen Oaks, Spring., R.O.W. Park,
1,537.78
W.O.W. Park, Mob. Rec., Tob. Complex, Lyon, &Lon G.C.
MLRFEBO8
O.C. Printing, Mailing & Copier Fund
Mailing charges for Feb.-Admin.
991.13
JE-46931
O.C. Building & Liability Insurance Fund
DOT drug testing charges for Jan :Tech. Supp. & Mob. Rec.
90.00
MP02/08
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Feb.-Admin., Rec. Admin., Tech. Supp.,
34,912.27
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
JE-47594 & 47597
O.C. Motor Pool Fund
Car washes for Jan. & Feb.-Adm., Tech. Supp., Add., Inde . Wh. Lk. & Spring.
86.25
CAPC047262, 47264
O.C. Facilities & Operations Fund
Maintenance repair charges for Feb. -Tech. Supp., Inde ., Glen Oaks, Water. &Lon G.C.
3,411.94
47269 & 48432
JE-47255
O.C. Information Technology Fund
Telephone charges for Feb.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Inde ., Wh.Lk.,
10,698.30
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon &Lon G.C.
JE-47158
O.C. General Fund
Full time security charges for Feb. -Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
CAPC047270 & 47272
O.C. General Fund
Security charges for art -time staff 1/19 thru 2/1, 2/2 thru 2/15-Add., Grove., Orion, Inde .,
4,256.58
WH. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex,
Lyon &Lon G.C.
JE-46626
O.C. Drain Commission Fund
Water & sewer charges for Mar. -Lyon G.C.
745.14
JE-46624
O.C. Drain Commission Fund
Water & sewer charges for Feb. -Add.
1,283.17
JE-46627
O.C. Drain Commission Fund
Water & sewer charges for Feb. -SAC
350.00
JE-46212, 46213 & 46214
O.C. Drain Commission Fund
Water & sewer charges for Oct. thru Jan. -Glen Oaks
2,197.39
JE-46622
O.C. Treasurer's Office
Correction for billing error
438.47
PAY0046437 & 46438
O.C. Payroll Fund
Payroll charges for pay period ending 02/01/08-AII Parks
224,914.01
PAY0047074
O.C. Payroll Fund
Payroll charges for pay period ending 02/15/08-AII Parks
222,162.25
PAY0047772
O.C. Payroll Fund
Payroll charges for pay period ending 02/29/08-AII Parks
220,780.41
PAY0046437 & 46438
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 02/01/08 -All Parks
110,312.09
PAY0047074
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 02/15/08-AII Parks
108,342.32
PAY0047772
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 02/29/08-AII Parks
107,384.77
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$1,081,553.88
Oakland County Parks w.� Recreation Commission
Internal Service & Department Funds Payment Register
For the month of January, 2008 (FM 04)
Source
Department/Fund
Purpose
Amount
JE-45828
O.C. Treasurer's Office
Credit card ex ense for Dec.-Inde Wh. Lk. Glen Oaks Lyon G.C. Mob. Rec. & Tob. Co m lex
287.61
JE-45661
O.C. Clerk -Register of Deeds
Recording fee for Catalpa Oaks property -Catalpa Oaks
17.00
JE-46681
O.C. Motor Pool Fund
Purchase of vehicle #08-901-Mob. Rec.
30,663.00
JE-45690
O.C. Facilities & Operations Fund
Lon Oaks Building Authority bond payment #18- Princi al-$525,000.00/lnterest-$32,912.50
557,912.50
PRTJAN08
O.C. Printing, Mailing & Copier Fund
Printing charges for Jan.-Admin., Rec. Admin., Add., Grove., Orion, Inde ., R.O.W. Park, W.O.W. Park
1,821.74
Mob. Rec., Tob. Complex, Lyon, Rose & High.
MLRJAN08
O.C. Printing, Mailing & Copier Fund
Mailing charges for Jan.-Admin.
613.80
MP01/08
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasoline charges for Jan.-Admin., Rec. Admin., Tech. Supp.,
29,046.61
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, SAC, Water.,
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
CAPC045297, 45298,
O.C. Facilities & Operations Fund
Maintenance repair charges for Jan: Inde ., Glen Oaks, Spring. & Water.
3,273.43
45303 & 46773
JE-45788
O.C. Information Technology Fund
Telephone charges for Jan.-Admin., Rec. Admin, Tech. Supp., Add., Grove., Inde ., Wh.Lk.,
11,181.01
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
Lyon &Lon G.C.
JE-44856
O.C. Information Technology Fund
Radio Communications charges for Oct., Nov. & Dec.-Admin., Glen Oaks, Red Oaks &Lon
865.32
JE-45611
O.C. General Fund
Full time security charges for Jan. -Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring.,
24,753.00
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lyon &Lon G.C.
CAPC045304 & 46779
O.C. General Fund
Security charges for art -time staff 12/22 thru 1/4, 1/5 thru 1/1 8-Add., Grove., Orion, Inde .,
3,481.29
WH. Lk., Glen Oaks, Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex, Lon,
&Lon G.C.
JE-45786
O.C. Drain Commission Fund
Water & sewer charges for Feb. -Lyon G.C.
745.14
JE-45775
O.C. Drain Commission Fund
Water & sewer charges for Jan. -Add.
1,283.17
JE-45789
O.C. Drain Commission Fund
Water & sewer charges for Jan. -SAC
700.00
PAY0044936 & 44937
O.C. Payroll Fund
Payroll charges for pay period ending 1/04/08-All Parks
215,926.11
PAY0045688
O.C. Payroll Fund
Payroll charges for pay period ending 1118/08-AII Parks
219,753.58
PAY0044936 & 44937
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 1/04/08-All Parks
113,617.11
PAY0045688
O.C. Fringe Benefits Fund
Fringe Benefit charges for pay period ending 1/18/08-AII Parks
111,713.32
TOTAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$1,327,654.74
Oakland County Parks and Recreation Commission
Internal Service & Department Funds Payment Register
For the month of December, 2007 (FM 03, FY 2008)
Source
Department/Fund
Purpose
Amount
JE-AET12/07
O.C. Fringe Benefit Fund
Short-term disability for Dec. -Lyon G.C.
$498.00
JE-44516
O.C. Treasurer's Office
Credit Card expense for Nov: Inde ., Wh. Lk., Glen Oaks, Red Oaks, Spring., Mob. Rec. &
582.48
Lyon G.C.
JE-44177
O.C. Treasurer's Office
Parks & Recreation's portion of short-term bond. Local municipal Treasurers are bonded to
collect the Coun 's portion of taxes)-Admin,
2,584.86
JE-44450
O.C. Indirect Cost
Indirect cost for Oct., Nov. & Dec.-Admin.
110,522.00
PRT12/07
O.C. Printing, Mailing & Copier Fund
Printing charges for Dec.-Admin., Rec. Admin., Tech. Supp., Add., Orion, Grove., Inde ., Water.,
Tob. Complex & Nat. Cntr.
1,206.89
MLRDEC07
O.C. Printing, Mailing & Copier Fund
Mailing charges for Dec.-Admin.
953.58
CONCOPDEC
O.C. Printing, Mailing & Copier Fund
Convenience copier charges for Oct., Nov. & Dec.-Admin. & Rec. Admin.
907,89
BLDEC07
O.C. Building & Liability Insurance Fund
Property insurance charges for 1stquarter-All Parks
22,044.00
JE-44515
O.C. Building & Liability Insurance Fund
DOT drug testing charges for Oct., Nov. & Dec.-Rec. Admin., Tech. Supp., Water. & Mob. Rec.
230.00
MP12/07
O.C. Motor Pool Fund
Car/Truck lease, maintenance & gasorine charges for Dec.-Admin., Rec. Admin., Tech. Supp.,
Add., Grove., Orion, Inde ., Wh. Lk., Glen Oaks, Red Oaks, S rin ., R.O.W. Park, SAC, Water.,
29,936.93
Mob. Rec., W.O.W. Park, Tob. Complex, Nat. Cntr., Lyon &Lon G.C.
JE-44443
O.C. Motor Pool Fund
Car washes for Nov.-Admin., Add., Grove. & Inde .
27.75
CAPC044216 & 44699
O.C. Facilities & O erations Fund
Maintenance repair charges for Dec.-Inde ., Spring: & Water.
1,159,24
JE-45152 & 45170
O.C. Facilities & Operations Fund
Security alarm charges for Oct., Nov. & Dec.-Admin., Rec. Admin., Tech. Supp., Wh. Lk., Add.,
Glen Oaks, Spring., R.O.W. Park, SAC, Water., W.O.W. Park, Tob. Complex, Nat. Cntr.,
2,587.35
Lyon &Lon G.C.
JE-44265
O.C. Information TechnologyFund
Development charges for Oct., Nov. & Dec.-Admin.
2,714,50
JE-44265
O.C. Information Technology Fund —Operation
charges for Oct., Nov. & Dec.-Admin., Rec. Admin., Tech. Supp., Add., Grove., Inde .,
R.O.W. Park, Water., W.O.W. Park, Mob. Rec. & Nat. Cntr.
38,816.18
JE-44336
O.C. Information Technology Fund
Telephone charges for Dec.-Admin., Rec. Admin, Tech. Supp., Add., Grove., Inde ., Wh.Lk.,
Glen Oaks, Spring., Red Oaks, R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Nat. Cntr.,
16,183.31
L on &Lon G.C.
JE-44043
O.C. General Fund
Full time security char es for Dec. -Add., Grove., Orion, Indep., Wh. Lk., Red Oaks, Spring.,
R.O.W. Park, SAC, Water., W.O.W. Park, BMX, Tob. Complex, Lon &Lon G.C.
23,802.00
CAPC044220 & 44702
O.C. General Fund
Security charges for art -time staff 11/24 thru 12/7, 12/8 thru 12/21-Add., Grove., Orion, Inde .,
WH. Lk., Red Oaks, Spring., R.O.W. Park, Water., W.O.W. Park, BMX, Tob. Complex, Lyon,
6,682. 88
Lyon G.C. & Highland
JE-44093
O.C. Drain Commission Fund
Water & sewer charges for Jan. -Lyon G.C.
745.14
JE-44100
O.C. Drain Commission Fund
Water & sewer charges for Dec. -Add.
1,283.17
JE-44106
O.C. Drain Commission Fund
Water &sewer char es for Dec. -SAC
700.00
PAY0043803 &43804
O.C. Payroll Fund
Payroll charges for a _period endiM 12/7/07 -All Parks
209,784.54
PAY0044381
O.C. Payroll Fund
Pa roll charges for pay period ending 12/21/07-AII Parks
214,361.62
PAY0043803 &43804
O.C.. Frin e Benefits Fund
Fringe Benefit charges for a period ending12/7/07-All Parks
107,334.83
PAY0044381
O.C. Fringe Benefits Fund
e Benefit char es for a eriod endin 12/21/07-AII Parks
107,098.95
TAL FOR INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER
$902,748,19
Oakland County Parks and Recreation Commission
Oak Management, Inc.
Credit for Services Rendered Register
Apr., May & Jun., 2008
Source
Park/Budget Center
Purpose
Amount
JE50466
Administration
Employee Recognition Banquet, 4/11/08
$ 1,628.25
JE50469
Lon Oaks Golf Course
Septic Tank Pumping, 3/28/08
200.00
JE50479
Lon Oaks Golf Course
Window Washing, 4/10/08
182.50
JE52040
Lon Oaks Golf Course
Window Washing, 5/8/08
182.50
JE53092
Lon Oaks Golf Course
Direct TV, 5/08 - 5/09 50%
610.94
JE53094
Glen Oaks
Direct TV, 5108 - 5/09 (50%)
610.94
JE53757
Lon Oaks Golf Course
Window Washing, 6/19/08
182.50
$ 3,597.63
r r.tV1��55�4C1
l'
County Parks and Recreation Commission
Oakland Co Y ement, Inc.
Oak Manag m-,,iPred Register
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 9, FY 2008
(FOR MONTH ENDING 6/30/08)
2008
YEAR TO
(OVER),
% OF
REVENUE
BUDGET
DATE
UNDER BUDGET
BUDGET
ADMINISTRATION: Millage Tax
$14,850,000.00
$15,134,8 55.37
($284,845.37)
101.9%
Other
274,300.00
818,156.31,
(543,856.31)
298.3%
GLEN OAKS GOLF COURSE
1,256,400.00
574,762.73
681,637.27
45.7%
LYON OAKS GOLF COURSE
1,249,500.00
564,935.40
684,564.60
45.2%
RED OAKS GOLF COURSE
419,000.00
202,571.55
216,428.45
48.3%
SPRINGFIELD OAKS GOLF COURSE
875,160.00
429,182.76
445,977.24
49.0%
WHITE LAKE OAKS GOLF COURSE
1,021,750,00
481,096,70
540,653.30
47.1%
INDEPENDENCE OAKS NATURE CENTER
48,000.00
30,650.84
17,349.16
63.9%
ADDISON OAKS
416,790.00
186,396.72
230,393.28
44.7%
ADDISON OAKS CONFERENCE CENTER
115,000.00
40,797.21
74,202.79
35.5%
GROVELAND OAKS
732,600.00
195,974.67
536,625.33
26.8%
HIGHLAND OAKS
0.00
2,334.00
(2,334.00)
0.0%
INDEPENDENCE OAKS
327,125.00
172,248.26
154,876.74
52.7%
LYON OAKS
347,000.00
273,621.00
73,379.00
78.9%
ORION OAKS
106,000.00
75,249.87
30,750.13
71.0%
ROSE OAKS
1,700.00
882.00
818.00
51.9%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
13,000.00
508.00
12,492.00
3.9%
WATERFORD OAKS ACTIVITY CENTER/PARK
29,788.00
19,501.11
10,286.89
65.5%
RECREATION ADMINISTRATION
28,400.00
22,624.50
5,775.50
79.7%
CATALPA OAKS
0.00
2,436.00
(2,436.00)
0.0%
MOBILE RECREATION
387,050.00
209,249.15
177,800.85
54.1%
RED OAKS WATERPARK
834,700.00
144,143.96
690,556.04
17.3%
WATERFORD OAKS BMX COMPLEX
16,600.00
10,402.60
6,197.40
62.7%
WATERFORD OAKS GAMES COMPLEX
16,000.00
14,335.00
1,665.00
89.6%
WATERFORD OAKS TOBOGGAN COMPLEX
120,500,00
148,939.09
(28,439.09)
123.6%
WATERFORD OAKS WATERPARK
796,500.00
95,676.78
700,823.22
12.0%
TOTAL REVENUE
$24,282,863.00
$19,851,521.58
$4,431,341.42
81.8%
OPERATING EXPENSES
ADMINISTRATION
$4,367,001.00
$2,744,015.27
$1,622,985.73
62.8%
GLEN OAKS GOLF COURSE
1,211,030.00
755,884.86
455,145.14
62.4%
LYON OAKS GOLF COURSE
2,065,155.00
1,321,850.14
743,304.86
64.0%
RED OAKS GOLF COURSE
790,966.00
459,295.61
331,670.39
58.1%
SPRINGFIELD OAKS GOLF COURSE
980,836.00
673,119.79
307,716.21
68.6%
WHITE LAKE OAKS GOLF COURSE
1,095,973.00
700,371.80
395,601.20
63.9%
INDEPENDENCE OAKS NATURE CENTER
512,455.00
296,288.33
216,166.67
57.8%
ADDISON OAKS
1,574,613.00
870,757.85
703,855.15
55.3%
ADDISON OAKS CONFERENCE CENTER
252,279.00
181,737.60
70,541.40
72.0%
GROVELAND OAKS
1,523,269.00
707,922.62
815,346.38
46.5%
HIGHLAND OAKS
51,550.00
19,377.11
32,172.89
37.6%
INDEPENDENCE OAKS
1,215,364.00
727,674.49
487,689.51
59.9%
LYON OAKS
651,522.00
474,019.45
177,502.55
72.8%
ORION OAKS
202,054.00
88,130.61
113,923.39
43.6%
ROSE OAKS
50,734.00
21,287.58
29,446.42
42.0%
SPRINGFIELD OAKS ACTIVITY CENTERIPARK
409,839.00
178,524.80
231,314.20
43.6%
WATERFORD OAKS ACTIVITY CENTER/PARK
545,243.00
442,020.14
103,222.86
81.1 %
RECREATION ADMINISTRATION
643,432.00
505,110.28
138,321.72
78.5%
CATALPA OAKS
86,375.00
6,864.23
79,510.77
7.9%
MOBILE RECREATION
810,166.00
412,552.58
397,613.42
50.9%
RED OAKS WATERPARK
1,640,636.00
774,860.43
865,775.57
47.2%
WATERFORD OAKS BMX COMPLEX
50,637.00
26,323.20
24,313.80
52.0%
WATERFORD OAKS GAMES COMPLEX
38,947.00
30,263.18
8,683.82
77.7%
WATERFORD OAKS TOBOGGAN COMPLEX
364,135.00
265,897.21
98,237.79
73.0%
WATERFORD OAKS WATERPARK
1,262,172.00
549,940.96
712,231.04
43.6%
TECHNICAL SUPPORT
1,518,447.00
968,289.39
550,157.61
63.8%
CONTINGENCY/INTERNAL SERVICE CHARGES*
474,308.00
285,180.91
189,127.09
N/A
$24,389,138.00
$14,487,560.42
$9,901,577.58
59.4%
REVENUE OVER/(UNDER) EXPENSES
($106,275.00)
$5,363,961.16
($5,470,236.16)
2008
2007
ACTUAL REVENUE TO DATE:
81.8%
81.5%
BUDGET BALANCE:
18.2%
18.5%
ACTUAL EXPENSE TO DATE:
59.4%
59.5%
BUDGET BALANCE:
40.6%
40.5%
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(Page 1 of 3) 6_1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 9, FY 2008
(FOR MONTH ENDING 6/30/08)
,ONTINGENCY: BUDGET AMENDMENTS
$80,642 TO ADMINISTRATION (OCP&RC-NOV./POSTED MAR.)
$45,050 TO INDEPENDENCE OAKS (OCP&RC-NOV.IPOSTED MAR.)
CONTINGENCY: PENDING
OTHER: BUDGET AMENDMENTS
$18,000 REVENUE AND EXPENSE INCREASE FOR SPRINGFIELD OAKS GOLF COURSE MDEQ REFINED PETROLEUM FUND
REIMBURSEMENT PROGRAM (OCP&RC-JAN/POSTED FEB.)
OTHER: PENDING
6-2
(Page 2 of 3)
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
REVENUE AND EXPENSE COMPARISON
FM 9, FY 2008
(FOR MONTH ENDING 6130/08)
YEAR TO DATE YEAR TO DATE REVENUE OVER
PARK REVENUE EXPENSE (UNDER)EXP.
ADMINISTRATION:
ADMINISTRATION
ADMINISTRATION SUB -TOTAL
GOLF:
GLEN OAKS GOLF COURSE
LYON OAKS GOLF COURSE
RED OAKS GOLF COURSE
SPRINGFIELD OAKS GOLF COURSE
WHITE LAKE OAKS GOLF COURSE
GOLF SUB -TOTAL
NATURE:
INDEPENDENCE OAKS NATURE CENTER
NATURE SUB -TOTAL
PARKS:
ADDISON OAKS
ADDISON OAKS CONFERENCE CENTER
GROVELAND OAKS
HIGHLAND OAKS
INDEPENDENCE OAKS
LYON OAKS
ORION OAKS
ROSE OAKS
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
WATERFORD OAKS ACTIVITY CENTER/PARK
PARKS SUB -TOTAL
RECREATION:
RECREATION ADMINISTRATION
CATALPA OAKS
MOBILE RECREATION
RED OAKS WATERPARK
WATERFORD OAKS BMX COMPLEX
WATERFORD OAKS GAMES COMPLEX
WATERFORD OAKS TOBOGGAN COMPLEX
WATERFORD OAKS WATERPARK
RECREATION SUB -TOTAL
TECHNICAL SUPPORT:
TECHNICAL SUPPORT
TECHNICAL SUPPORT SUB -TOTAL
CONTINGENCY/INTERNAL SERVICE CHARGES*
TOTAL
$15,953,001.68 $2,744,015.27 $13,208,986.41
$15,953,001.68 $2,744,015.27 $13,208,986.41
574,762.73
564,935.40
202,571.55
429,182.76
481,096.70
2,252,549.14
755, 884.86
1,321,850A4
459,295.61
673,119.79
700,371.80
3,910,522.20
(181,122.13)
(756,914.74)
(256,724,06)
(243,937.03)
_ (219,275.10)
(1,657,973.06)
30,650.84 296,288.33 (265,637.49)
30,650.84 296,288.33 (265,637.49)
186, 396.72
40,797.21
195,974.67
2,334.00
172,248.26
273,621.00
75,249.87
882.00
508.00
19,501.11
967,512.84
22,624.50
2,436.00
209,249.15
144,143.96
10,402.60
14,335.00
148,939.09
95,676.78
647,807.08
0.00
0.00
0.00
$19,851,521.58
870,757.85
181,737.60
707,922.62
19,377.11
727,674.49
474,019.45
88,130.61
21,287.58
178,524.80
442,020.14
3,711,452.25
505,110.28
6,864.23
412,552.58
774,860.43
26,323.20
30,263.18
265,897.21
549,940.96
2,571,812.07
(684,361A3)
(140,94039)
(511,947.95)
(17,043.11)
(555,426.23)
(200,398.45)
(12,880.74)
(20,406.58)
(178,016.80)
(422,519.03)
(2,743,939.41)
(482,485.78)
(4,428.23)
(203,303.43)
(630,716.47)
(15,920.60)
(15,928.18)
(116,958.12)
(454,264.18)
(1,924,004.99)
968,289.39 (968,289.39)
968,289.39 (968,289.39)
285,180.91
$14,487,560.42
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(285,180.91)
$5,363,961.16
6-3
(Page 3 of 3)
Park/FacilitV
Future Acquisition & Imp.
Addison Oaks (A)
Catalpa Oaks
Glen Oaks
Groveland Oaks
Highland Oaks
Independence Oaks(B)
Lyon Oaks (C)
Orion Oaks
Red Oaks
Rose Oaks
Springfield Oaks (D)
Waterford Oaks (E)
White Lake Oaks
Contingency
Oakland County Parks and Recreation Commission
Capital Improvement Program (C.I.P.) Budget Report
FM 9, FY2008
As of 6/30/08
Summary Total for All Parks/Facilities
Estimated 2007 2008 Net New Estimated
Proiect Cost Adiustment Adjustment Adiustment Project Cost
Contract(s)
Amount Contract(s) Awd., Pre & Enc. Project
Paid Retainer Balance ** Balance
8,056,000.00
0.00
0.00
0.00
8,056,000.00
0.00
0.00
0.00
8,056,000.00
2,440,000.00
0.00
9,920.81
9,920.81
2,449,920.81
(32,127.61)
0.00
0.00
2,417,793.20
195,000.00
0.00
0.00
0.00
195,000.00
(9,992.50)
0.00
0.00
185,007.50
235,000.00
0.00
(30,000.00)
(30,000.00)
205,000.00
(107,702.63)
0.00
0.00
97,297.37
185,000.00
0.00
(100,000.00)
(100,000.00)
85,000.00
0.00
0.00
0.00
85,000.00
138,150.00
0.00
56,410.40
56,410.40
194,560.40
(145,927.93)
0.00
0.00
48,632.47
4,929,480.00
0.00
0.00
0.00
4,929,480.00
(317,484.85)
0.00
0.00
4,611,995.15
316,000.00
0.00
1,009.00
1,009.00
317,009.00
(54,319.47)
0.00
0.00
262,689.53
80,000.00
0.00
35,000.00
35,000.00
115,000.00
0.00
0.00
0.00
115,000.00
650,000.00
0.00
56,000.00
56,000.00
706,000.00
0.00
0.00
0.00
706,000.00
50,000.00
0.00
208,256.00
208,256.00
258,256.00
(193,256.00)
0.00
0.00
65,000.00
1,373,000.00
0.00
0.00
0.00
1,373,000.00
(73,773.44)
0.00
0.00
1,299,226.56
1,614,000.00
0.00
1,611,000.00
1,611,000.00
3,225,000.00
(209,446.00)
0.00
0.00
3,015,554.00
150,000.00
0.00
0.00
0.00
150,000.00
(148,446.25)
0.00
0.00
1,553.75
1,925,981.09
0.00
(1,847,596.21)
(1,847,596.21)
78,384.88
0.00
0.00
0.00
78,384.88
J Capital Improvement Projects Grand Total $22,337,611.09 $0.00 $0.00 $0.00 $22,337,611.09 ($1,292,476.68) $0.00 $0.00 $21,045,134.41
I
r✓
(A) State Grant $844,800
(B) State Grant $2,119,000
(C) State Grant $53,500
(D) O.C. Fair Board Donations $15,000 and $26,250 = $41,250 total
State Grant $99,500
(E) State Grants $440,000
Grand Total of (possible) grants and donations included in Estimated Project Cost = $3,598,050
Dollar Column Explanation:
Estimated Proiect Cost is the sum of the current year's Budget columns "Project Cost Estimate" figure, the "Adjusted to Project Cost" figure, and the "Proposed New Projects" figure for the projects still open
(any "Project Balance" funds for projects closed to fixed assets at the end of the prior fiscal year have been added to the contingency).
2007Adiustment is the net of any adjustments made from/to contingency and individual projects in June - September of the prior fiscal year (the current fiscal year's perpetual budget started with figures
as of 5/31).
2008 Adiustment is the net of any adjustments made from/to contingency and individual projects during the current fiscal year.
Net Adiustment is the sum of "2007 Adjustment" and "2008 Adjustment" figures.
New Estimated Proiect Cost is the sum of "Estimated Project Cost", "2007 Adjustment" and "2008 Adjustment" (or "Net Adjustment") figures.
Amount Paid is the cost of the project expensed as of the report date. This amount includes the "Contract(s) Retainer" dollars.
Contract(s) Retainer is the amount of retainage withheld from a contract payment and may be in an interest bearing account set-up via the O.C. Treasurer's office. The amount is not part of the "Project Balance"
calculation because it is already included in the "Amount Paid" figure.
Contract(s) Awd., Pre & Enc. Balance is the sum of the Pre -encumbered and Encumbered dollars for the contracts that have been awarded and for outstanding Requisitions and Purchase Orders.
Project Balance is the amount of available dollars remaining on a project that have not been paid or encumbered.
** Pre -Encumbered & Encumbered charges are N/A at this time, figures are based on large contracts.
ITEM #8
VERIZON WIRELESS LLC LICENSE AGREEMENT
SPRINGFIELD OAKS COUNTY PARK
At the September 28, 2007 Commission meeting, staff received
Commission authorization to begin negotiations with Verizon Wireless LLC for a
License Agreement to locate telecommunications antennae on the water tower at
Springfield Oaks County Parks.
The attached License Agreement was negotiated with the assistance of
Corporation Counsel and the input of staff and representatives of the prospective
licensee.
Staff recommends Commission adoption of the enclosed resolution
forwarding this License Agreement to the Oakland County Board of
Commissioners for their approval and execution.
AM
RESOLUTION
WHEREAS, the County of Oakland is the owner of the Springfield Oaks County
Park located at 12451 Andersonville Road, Davisburg, Michigan; and
WHEREAS, Verizon Wireless LLC has requested license space from the County
on the water tower at Springfield Oaks for the installation and operation of antennae for
use in connection with its communication business; and
WHEREAS, the Oakland County Parks and Recreation Commission has
negotiated the terms and conditions of a License Agreement with Verizon Wireless LLC
for said antennae; and
WHEREAS, approval of this License Agreement will provide a service for the
public good as well as another source of earned income for the Oakland County Parks
and Recreation Commission, as directed through the strategic master plan; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel
have reviewed and/or prepared all necessary documents related to the attached
License Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission supports the approval and acceptance of the terms of the
License Agreement and all other related documents between the County of Oakland
and Verizon Wireless LLC, which may be required.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that the Oakland County Board of Commissioners direct
its Chairperson or designee to execute the License Agreement for the installation and
operation of antennae on the water tower at Springfield Oaks County Park.
Moved by
Supported by
Date
8-2
D:\$Data\My documents\Resolutions\2008\0182008 Verizon Wireless SOAC.doc
TELECOMMUNICATIONS LICENSE AGREEMENT
This License Agreement (Agreement) is made between the County of Oakland, a
Michigan municipal and constitutional corporation, whose address is 1200 N. Telegraph Road,
Pontiac, Michigan 48341 ("Licensor"), and New Par, a Delaware partnership d/b/a Verizon
Wireless By: Verizon Wireless (VAW) LLC, its general partner, whose address is One Verizon
Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Licensee"); Licensor and
Licensee agree to the following terms and conditions:
INTRODUCTION
A. Licensor is the owner in fee simple of a parcel of land located at 12451
Andersonville Road, Davisburg, Michigan, 48350, a portion on which a water -tower
owned by Licensor is located. The portion of land on which the water tower ("Water
Tower") is located is legally described in Exhibit A, ("Owned Premises").
B. Licensee desires to license space on the Water Tower located on the Owned
Premises, for the installation and operation of antennae for use in connection with its
communication business.
C. Accordingly, the Parties enter into this Agreement and agree to the following
terms and conditions.
§1. GRANT OF LICENSE AND FEE PAYMENT REQUIREMENTS
1.1. Licensor grants Licensee, a revocable, non-proprietary, non-exclusive license to
access and place telecommunications equipment on the Water Tower and place
an equipment shelter (collectively "Equipment") on the Owned Premises as fully
described in Exhibit B. Licensee may not add additional Equipment or change
the Equipment from that shown on Exhibit B without the prior written approval of
the Licensor.
1.2. This Agreement shall commence on ( 200 )
("Commencement Date') and end on the fifth (5th) anniversary of the
Commencement Date, unless terminated and/or cancelled sooner pursuant to the
terms of this Agreement ("Term").
1.3. This Agreement shall be automatically renewed for three (3) additional five (5)
year periods ("Renewal Term"), unless Licensee provides Licensor written notice
of its intent not to renew this Agreement within ninety (90) days before the
expiration of the Term or Renewal Period. The terms and conditions of each
Renewal Term shall be the same, except for the License Fee, described in 1.4.
The Renewal Term shall commence upon expiration or the Term or the Renewal
Term.
1.4. Licensee shall pay Licensor an annual license fee of Twenty -Seven Thousand
Dollars ($27,000.00) ("License Fee"). The License Fee for the first year is due
and payable within sixty (60) days of the Commencement Date. Thereafter the
License Fee is due and payable on each anniversary of the Commencement
Date. The License Fee, throughout the Term and all Renewal Terms, will be
increased annually by 3% on the anniversary of the Commencement Date.
Final License Agreement
1
8 - 3
1.5. Unless otherwise agreed by the Parties, payment of the License Fee, or late
payment charges shall be payable in United States funds by business check
payable to Licensor either in person or by mail, postage pre -paid, and delivered
to:
Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road,
Building 97W Waterford, Michigan 48328-1917 or another address designated by
Licensor in writing.
The date Licensor receives the payment, and not the date of mailing, shall be
deemed the date payment is made. If Licensee uses the United States Postal
Service or other delivery agent, then Licensee assumes all risks for delays or
failures of those agencies. Depositing of partial payment by Licensee shall not be
deemed acceptance of a partial payment in lieu of full payment and shall not
prejudice Licensor's right to collect the remaining balance due including any late
charges. If Licensee should enter into other agreements with Licensor and
Licensee's payments do not state to which facility they apply, then Licensor may
apply Licensee's payments to its accounts in its sole discretion.
1.6. Licensee shall pay Licensor a late payment charge equal to five (5) percent of
any payment not paid when due. Any amounts not paid when due shall also bear
interest until paid at the lesser rate of two (2) percent per month or the highest
rate permitted by law.
1.7. If Licensee is delinquent in payment of any amounts due under this Agreement
for a period of five (5) months or longer, notwithstanding any other provision,
Licensor may terminate and/or cancel this Agreement upon thirty (30) days
notice.
1.8. Upon execution of this Agreement, Licensee shall pay Licensor Five Thousand
Dollars ($5,000.00) for administrative fees. The Five Thousand Dollar
($5,000.00) administrative fee is non-refundable.
§2. USE OF OWNED PREMISES
2.1. Licensee shall use the Owned Premises and Water Tower, as depicted in Exhibit
B, for the installation, operation, and maintenance of its Equipment for the
transmission, reception and operation of telecommunications and uses incidental
thereto and for no other uses.
2.2. Licensor may permit others to use other portions of the Owned Premises and
Water Tower.
2.3. Licensee shall be responsible for obtaining any utility service to Water Tower that
it desires. Licensee must have all utility work pre -approved by Licensor and all
utility work performed by a contractor pre -approved by Licensor; such approval
will not be unreasonably withheld. Licensee shall pay, when due, all of its
charges for utilities to the Water Tower during the term of this Agreement.
2.4. Notwithstanding any other provision of this Agreement, if Licensee should cause
any modifications, alterations, or changes to the Owned Premises or Water
Tower, or any installations, replacements or repairs to Equipment in violation of
Final License Agreement
2
Ow
this Agreement or applicable law, then Licensor, in its sole discretion, may
terminate and/or cancel this Agreement without notice. Licensee shall pay to
Licensor all costs and expenses necessary to restore the Owned Premises to the
condition prior to those changes and Licensee shall payto Licensor a service fee
of Five Thousand and 00/100 Dollars ($5,000.00).
§3. EQUIPMENT
3.1. Prior to installing any Equipment on the Water Tower, Licensee, at its own
expense, shall have the Water Tower evaluated for load -bearing capacity and for
the Water Tower's ability to accept Licensee's Equipment without causing
diminishment of the Water Tower's structural integrity. Such evaluation shall be
done by a contractor approved by the Licensor. Licensee shall provide a copy of
the evaluation to Licensor at no cost. Prior to installing Equipment on the Water
Tower, Licensor may require Licensee at its expense to perform an interference
study indicating whether Licensee's intended use will interfere with any existing
communications facilities on the Water Tower.
3.2. If the evaluation or study required by Section 3.1 indicate that the proposed
Equipment or the additional or replacement Equipment will interfere with or affect
the load -bearing capacity of the Water Tower, diminish the Water Tower's
structural integrity, or cause interference with any Equipment already on the
Water Tower, then such Equipment shall not be installed and this Agreement may
be terminated by Licensor, in its sole discretion, unless Licensor approves such
installations in writing.
3.3. Licensee shall install and maintain, at its sole cost and a)Pense, all Equipment in
or on the Owned Premises and Water Tower in accordance with good
engineering practices and in accordance with all applicable laws, regulations,
rules and ordinances, including but not limited to, FCC rules and regulations.
3.4. Within thirty (30) days after the Commencement Date, Licensee shall provide
Licensor with as -built drawings, which show the actual location of all Equipment
and improvements consistent with Exhibit B. Said drawings shall be
accompanied by a complete and detailed inventory of all Equipment and personal
property located on or in the Owned Premises and Water Tower.
3.5. Any damage done to the Owned Premises and Water Tower during installation
and during operations shall be repaired or replaced within ten (10) business days
of written notice by Licensor at Licensee's expense and to Licensor's satisfaction.
3.6. Licensee may update or replace its Equipment located on the Water Tower from
time to time with the prior written approval of Licensor; consent will not be
unreasonably withheld, provided that the replacement Equipment on the Water
Tower is not greater in number or size than the existing Equipment and that any
change in their location on the Water Tower is satisfactory to Licensor. Licensee
shall submit to Licensor a detailed proposal for any such replacement Equipment
and any supplemental materials as may be requested, for Licensor's evaluation
and approval. Nothing contained herein shall limit Licensee's ability to change
equipment located inside its equipment shelter.
3.7. Licensee's Equipment shall not cause interference with Licensor's equipment on
the Water Tower or at the Owned Premises, even though Licensee's Equipment
Final License Agreement
3
8 - 5
was located on the Water Tower or at the Owned Premises prior to Licensor's
Equipment. Notwithstanding any other provision of this Agreement, if Licensee's
Equipment causes such inference, Licensee shall, upon forty-eight (48) hours
written notice from Licensor, cease transmitting on the frequencies or equipment
causing the interference. Before Licensee commences transmitting on the
frequencies or equipment causing the interference, Licensee shall demonstrate to
Licensor's satisfaction that the interference is corrected and eliminated. If such
interference is not corrected and eliminated within sixty (60) days, Licensor, in its
sole discretion, may terminate and/or cancel this Agreement.
3.8. Licensor and Licensee acknowledge that there is no other equipment on the
Water Tower at the time this License was executed. Licensee recognizes the
potential for broadcast and electronic interference inherent in multiple uses of the
Water Tower and the need to cooperate with each user in preventing the
occurrence of interference and promptly eliminating it, if it occurs.
3.9. Licensor does not guarantee to Licensee subsequent noninterference with
Licensee's equipment and communications operations, Licensor agrees that any
subsequent licenses for collocation onto this Water Tower will recognize
Licensee's use as pre-existing. In the event any after -installed Licensee owned
equipment causes interference to another licensee's pre-existing use and after
Licensee has been notified in writing of such interference, Licensee will take all
commercially reasonable steps necessary to correct and eliminate the
interference, including but not limited to, powering down such equipment and
later powering up such equipment for intermittent testing.
3.10. Any Equipment used by Licensee shall meet Licensor's requirements regarding
the Owned Premises and the Water Tower. All transmitters shall be equipped
with the appropriate isolators, cavities, filters, and/or other devices as deemed
necessary by Licensor either at installation or within thirty (30) days after written
notification by Licensor in order to minimize radiation, intermodulation, and/or
other interference in conformance with generally accepted good engineering
practices. Licensor assumes no liability for any actions or omissions pursuant to
this Section.
3.11. All of Licensee's Equipment shall meet and be maintained at current R56
standards for lightening protection, surge protection, and grounding.
3.12. Licensee's Equipment will comply with all applicable current and future Federal
communications Commission ('FCC"), Occupational Safety and Health
Administration ("OSHA"), Michigan Occupational Safety & Health Administration
("MIOSHA") and Licensor's guidelines for human exposure to Electromagnetic
Energy ("EME") at antenna sites at the controlled level. Licensee will provide
Licensor with all relevant information necessary for mandatory placards via the
Actual Documentation method, and will apprise Licensor of and relevant change
in Equipment, frequency, or power throughout the term of the Agreement.
Licensee shall provide the following information to Licensor transmitter
frequency by antenna mount, power out of transmitter, network loss between
transmitter and antenna, antenna characteristics and specifications, antenna
location and standoff, uptime characteristics, and layout of antenna field. All
necessary measurements and placards shall be at the Licensee's expense.
Final License Agreement
4
3.13. Licensee shall provide Licensor with documentation of Licensee's EME Safety
Plan and Procedures, and shall provide documentation that all Licensee's
employees or contractors who enter the Owned Premises and/or Water Tower
have been trained in EME awareness and site standards prior to accessing the
site, and retrained upon any revision of EME regulations.
3.14. Licensee's employees and contractors who enter the Owned Premises and/or
Water Tower shall obey all posted signs and shall wear personal RF monitors
and personal protective equipment as required by law.
3.15. Equipment Maintenance.
3.15.1. Licensee shall, at its own expense, maintain any Equipment on or
attached to the Owned Premises and Water Tower in a safe condition, in
good repair and in a manner suitable to Licensor and so as not to conflict
with the use of other entities located on or in the Owned Premises and
Water Tower.
3.15.2. Licensee shall have sole responsibility for the maintenance, repair, and
security of its Equipment and personal property, and shall keep the same
in good repair and condition during this Agreement.
3.15.3. Licensee shall keep the Owned Premises free of debris and anything of a
dangerous, noxious or offensive nature or which would create a hazard or
undue vibration, heat, noise, or interference.
3.15.4. Any installment, replacement, repair, or removal of any or all of Licensee's
Equipment, including but not limited to, equipment cabinets, tiansmission
lines, antennas, electrical service or meters, shall be performed by
contractors approved by Licensor. Licensee shall be responsible for
paying all charges related to installation, replacement, repair, or removal
of any Equipment.
3.16. Before Licensee installs any Equipment at the Owned Premises or on the Water
Tower and at all times while the Licensee has any Equipment installed at the
Owned Premises or on the Water Tower, upon request by Licensor, Licensee
shall furnish to the Licensor satisfactory evidence that Licensee has complied
with all state, federal, or local laws, regulations, rules, and requirements that
apply to the installation and operation of Licensee's Equipment. Upon request by
Licensor, Licensee shall provide Licensor documentation that frequencies used at
the Owned Premises are lawfully licensed to Licensee by the FCC.
3.17. Licensor or its Agent shall have the right, at anytime during this Agreement, to
inspect Licensee's Equipment upon three (3) days written notice in order to
ensure that Licensee is complying with the terms of this Agreement. Licensor
shall also have the right to inspect Licensee's Equipment for the purposes of
evaluating and testing for any interference problems. By signing this Agreement,
Licensee acknowledges that Licensor has the right, either with or without prior
notice or consent of Licensee, to admit officials of the FCC or any other
governmental agency to the Owned Premises and Water Tower for the purpose
of inspection.
Final License Agreement
5
8 - 7
§4. LIMITATION OF LIABILITY
4.1. This Agreement is made with the express understanding that whenever Licensor
is required, whether prior to or during the term of this Agreement, and whether
voluntary or required hereunder, to make any approval, representation, or
requirement regarding Licensee's Equipment, including, but not limited to
location, placement, compatibility, electromagnetic interference, repairs,
replacements, modifications, or alterations thereto, THAT LICENSOR MAKES
NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, IN
LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, OR USE OF LICENSEE'S EQUIPMENT. Licensee acknowledges
that it is not relying on Licensor's skill or judgment and has not consulted with
Licensor to select or furnish any of Licensee's Equipment, whether approved or
required by Licensor.
4.2. There are absolutely no warranties made by Licensor relating to Licensee's
Equipment, or any replacements, repairs, modifications, or alterations of said
Equipment.
4.3. Licensor shall have no liability to Licensee for any loss or damage due to
personal injury, property damage, libel, slander or imperfect, defective or
unsatisfactory communications experienced by Licensee for any reason.
4.4. Licensor shall not be liable to Licensee for any expenses or lost revenues
associated with Licensee's failure to complete installation of its Equipment or for
failure of Licensee's Equipment to be operational.
4.5. In no event, shall Licensor be liable to Licensee for special, indirect, or
consequential damages, including, but not limited to, lost profits, lost business,
lost customers, damage to business reputation, or lost business opportunities in
connection with this License.
§5. DEFINITION OF CLAIMS AND AGENTS
5.1. "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, fines, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs and
expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement and/or any other amounts or liabilities of any kind
whatsoever which are imposed on, incurred by or asserted against Licensor,
and/or any Agent of Licensor, as defined below, or for which Licensor, and/or any
Agent of Licensor may become legally and/or contractually obligated to pay or
defend against, whether direct, indirect or consequential.
5.2. "Agent" or "Agents" shall be defined to include any of Licensor's elected officials,
appointed officials, directors, board members, council members, commissioners,
authorities, boards, committees, commissions, employees, departments,
divisions, volunteers, representatives, and/or any such person's successor(s)
(whether such persons act or acted in their personal representative or official
capacities), and/or any person(s) acting by, through, under, or in concert with any
of them, excluding Licensee and/or any of Licensee's Agents, independent
Final License Agreement
6
:
contract professionals or employees. "Agent" or "Agents" shall also include any
person who was an Agent of Licensor at any time during the term of this
Agreement but, for any reason, is no longer employed, appointed, or elected in
that capacity.
§6. .INSURANCE
6.1. Prior to the installation of Licensee's Equipment, and at all times during this
Agreement, the Licensee, at its sole cost and a)pense, shall purchase and
maintain the following insurance coverage(s) in the minimum amounts indicated
and provide Licensor with appropriate certificates of insurance.
6.1.1. One Million and 00/100 Dollars ($1,000,000.00) combined single limit per
occurrence, and Three Million and 00/100 Dollars ($3,000,000.00) annual
aggregate Comprehensive General Liability, including broad form
contractual coverage. These policies and/or protection(s) will provide that
the Licensor, and/or any Licensor Agent, as defined in this Agreement,
must be named as additional insureds with respect to any Claim(s) as
defined in this Agreement, or any Claim(s) arising out of this License
Agreement, subject to standard policy provisions and exclusions.
6.1.2. Workers' Compensation as required by law: Coverage B - Employers'
Liability in the minimum amount of Five Hundred Thousand and 00/100
Dollars ($500,000.00).
6.1.3. One Million and 00/100 Dollars ($1,000,000.00) Combined Single Limit
Automobile Liability, including coverage for hired and leased vehicles and
owned and non -owned autos, with No -Fault coverage as required by law.
_ If no vehicles are owned or leased by Licensor then non -owned and hired
car coverage will be required in lieu of auto fleet coverage.
6.2. Licensee shall assure that all of its contractors, and/or any other agent serving
Licensee under this Agreement, shall have the insurance coverage set forth in
6.2.1., 6.2.2., and 6.2.3. Licensee shall be responsible for obtaining certificates
of insurance from its contractors and/or any other agent performing services for
Licensee on the Water Tower, or at the Owned Premises, for review by Licensor.
6.2.1. Comprehensive General Liability, including broad form contractual
coverage, of at least One Million and 00/100 Dollars ($1,000,000.00) per
occurrence, One Million and 00/100 Dollars ($1,000,000.00) annual
aggregate.
6.2.2. Workers' Compensation as required by law: Coverage B - Employers'
Liability in the minimum amount of Five Hundred Thousand and 00/100
Dollars ($500,000.00).
6.2.3. One Million and 00/100 Dollars ($1,000,000.00) Combined Single Limit
Automobile Liability, including coverage for hired and leased vehicles, and
owned and non -owned autos, with No -Fault coverage as required by law.
If no vehicles are owned or leased by the agent, non -owned and hired car
coverage will be required in lieu of auto fleet coverage.
6.3. All certificates of insurance provided by Licensee shall contain the following
clauses:
Final License Agreement
7
6.3.1. "Any insurance coverage afforded the County, and/or any County Agent,
and the additional insureds shall apply as primary as relates to Licensee
operations and not excess to any insurance issued in the name of the
County, and/or any County Agent, or any of the additional insureds in this
respect."
6.4. Licensee shall provide Licensor at least thirty (30) days notice of cancellation of
any policy for which certificates of insurance, bonds, or other required documents
are provided to Licensor. These certificates must be provided to the Oakland
County Risk Management & Safety Division no less than ten (10) working days
after the Commencement Date of this License Agreement, and at any time
thereafter, upon reasonable request.
6.4.1. The insurance company(ies) issuing the policy or policies shall have no
recourse against the County, and/or any County Agent, or the additional
insureds for payment of any premiums or for assessments under any form
of policy.
6.4.2. Any and all deductibles and/or self -insured retention in the above -
described insurance coverage shall be assumed by, and be for the
account of, and at the sole risk of, the Licensee.
§7. WAIVER OF SUBROGATION
7.1. Each Party to this Agreement mutually agrees to waive its right of subrogation
against the other Party for first Party losses covered by insurance for the Water
Tower, the Owned Premises, or its contents, including but not limited to, fre,
lightning, vandalism, aircraft damage, and explosion.
§8. INDEMNIFICATION
8.1. The indemnification provision and insurance provisions of this Agreement with
regard to any Claim(s) either occurring or having their basis in any events or
transactions that occurred before the cancellation and/or termination of this
Agreement shall survive the cancellation and/or termination of this Agreement.
8.2. Except to the extent caused by the negligence or willful misconduct of the
Licensor, its agents or employees, the Licensee agrees to save, indemnify, and
hold harmless the Licensor and any Licensor Agent from and against any and all
Claim(s), as defined in Paragraph 5.1, which are imposed upon, incurred by or
asserted against the Licensor and any Licensor Agent, by any person and which
are based upon, result from, arise from, or are in any way related to any alleged
error, mistake, negligent or intentional act(s) or omission(s) of the Licensee and
any of Licensee's agents, independent contractors, or employees, including, but
not limited to, any alleged failure by the Licensee and any of its agents,
independent contractors, or employees to comply with any duty or obligation in
this Agreement and/or any alleged breach of legal duty to any person.
§9. DAMAGE OR DESTRUCTION OF WATER TOWER
9.1. If the Water Tower or any portion thereof is altered, destroyed or damaged so as
to materially hinder effective use of Licensee's Equipment, through no fault or
negligence of Licensee, Licensee may elect to terminate this Agreement upon
thirty (30) days written notice to Licensor. If Licensee chooses to terminate this
Final License Agreement
8
8 - 10
agreement, Licensee shall promptly remove the Equipment, if possible, from the
Water Tower and Owned Premises. However, this License (and Licensee's
obligation to pay rent) shall not terminate until Licensee's fulfillment of the
obligations set forth in the preceding sentence, then at that time Licensee shall be
entitled to the reimbursement of any License Fee prepaid by Licensee and the
Agreement shall terminate.
9.2. During such period that the Owned Premises or Water Tower shall be unusable
and Licensee chooses not to terminate this Agreement, Licensee, at its own
expense and if possible, may relocate its operations to another location at the
Owned Premises ("Temporary Site"), as mutually agreed by Licensor and
Licensee. The Temporary Site shall not interfere with the operations of the
Licensor or any of its programs. Once such relocation is complete, either
temporary or permanent, the term "Owned Premises", as used in the Agreement,
shall: (i) include the space to which Licensee has relocated its operations, and (ii)
no longer include any portion of the original Owned Premises from which
Licensee has removed its Equipment and operations.
9.3. Notwithstanding any other provision of this Agreement, if the Water Tower or any
portion thereof is altered, destroyed, or damaged, Licensor shall have no
obligation to repair or replace the Water Tower. The Licensor, in its sole
discretion, will determine whether to repair or replace the Water Tower.
§10. CANCELLATION AND/OR TERMINATION
10.1. Either Party may terminate and/or cancel this Agreement or any part thereof, at
any time for any reason upon one hundred and eighty (180) days notice to the
other Party. The effective date for termination and/or cancellation shall be clearly
stated in the notice.
10.2. Upon termination and/or cancellation of this License, as provided in this
Agreement, Licensee shall cause all Equipment on the Water Tower or at the
Owned Premises to be removed by a contractor authorized by Licensor and at the
time and manner approved by Licensor. Such removal shall take place no later
than thirty (30) days after the date of termination and/or cancellation of this
Agreement. If Licensee fails to remove the Equipment as required in this
Paragraph, Licensor may remove the Equipment and charge the costs associated
with the removal to the Licensee.
10.3. Upon termination and/or cancellation, as provided in this Agreement, Licensee at
its expense, shall cause all damage to the Owned Premises and/or Water Tower
caused by Licensee to be repaired by a contractor authorized by Licensor and in
a time and manner authorized by Licensor, except for normal wear and tear.
10.4. Upon termination and/or cancellation, as provided in this Agreement, Licensee
shall be responsible to pay all License Fees and other monthly charges set forth
in this Agreement, until the Equipment is removed from the Owned Premises
and/or Water Tower.
10.5. In the event that Licensee holds over after the termination and/or cancellation of
this Agreement, the License Fee, due and payable, shall be one and one half
(1 %z) times the License Fee from the last anniversary of the Commencement
Final License Agreement
9
8 - 11
Date. This License Fee increase shall apply whether or not Licensee's
Equipment continues to function or has been disconnected, but not removed.
10.6. If the Licensor or Licensee terminates and/or cancels this Agreement, as
provided in this License Agreement, the terminating Party shall not be liable for
any direct, indirect, special, or consequential damages including, but not limited
to, future loss of income, profits, revenues, or any economic benefit the other
Party may have realized but for the termination and/or cancellation.
10.7. The Licensor or Licensee shall not be obligated to pay a termination/cancellation
fee if the Agreement is cancelled and/or terminated as provided in this License
Agreement.
§11. ASSIGNMENT AND SUBLETTING
11.1. Licensee may not assign or otherwise transfer all or any part of its interest in this
Agreement without the prior written consent of Licensor; provided, however, this
Agreement may be sold, assigned, or transferred by Licensee without prior written
consent of Licensor to the Licensee's principal, affiliates, subsidiaries of its
principal or to any which acquires all or substantially all of Licensee's assets or
ownership interest by reason of a merger, acquisition, or other business
reorganization. In the event, Licensee assigns its interest pursuant to the terms of
the Agreement, Licensee shall provide Licensor written notice containing the
assignee's full name, address, and the name of the assignee's contract
administrator.
11.2. Licensor may assign this Agreement upon written notice to Licensee, subject to
the assignee assuming all of Licensor's obligations herein.
11.3. The rights and obligations under this Agreement shall not be diminished in any
manner by assignment by Licensee. Any assignment or transfer by Licensee
must include a requirement that the assignee will comply with the rights and
obligations contained in this Agreement.
§12. ACCESS BY LICENSEE
12.1. While this Agreement is in force, Licensee shall have non-exclusive, continuous
seven (7) days per week and twenty-four (24) hours a day access to Licensee's
Equipment, provided that Licensee complies with all requirements established by
the Licensor and does not interfere with any functions while on the Owned
Premises. Licensee shall supply Licensor with a list of Licensee's subcontractors
that will have access to Licensor's Owned Premises and Water Towers. Such
subcontractors shall carry with them at all times personal and employment
identification while on the Owned Premises or Water Tower. All individuals
contained on Licensee's access list may be subject to security clearance by the
Licensor, in its sole discretion, and may be denied access to the Owned
Premises and/or Water Tower in the Licensor's sole discretion. Licensee is solely
responsible for all costs associated with access to the Owned Premises outside
normal business hours, including but not limited to, overtime wages for Licensor's
employees and agents. Licensee shall promptly pay all costs upon invoice by
Licensor.
Final License Agreement
10
8 - 12
§13. ENVIRONMENTAL REQUIREMENTS
13.1. Except as otherwise provided by law, and except for any back-up generator or
fuel for such generator located at the Owned Premises, Licensee shall not bring
onto the Owned Premises and/or Water Tower any Hazardous Substances,
Hazardous Wastes, Pollutants, asbestos, polychlorinated biphenyls (PCBs),
petroleum or other fuels (including crude oil or any fraction or derivative thereof),
battery spillage or acid and battery byproducts and the vapor expulsion of toxic
fumes from mishandling or improper care and maintenance of batteries and
backup of power equipment, or utilize any underground storage tanks (collectively
"Environmental Hazards"). For purposes of this Agreement, the term "Hazardous
Substances" shall be defined in the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. §9601, et seq.), and any subsequent
or amended regulations thereto. The term "Hazardous Wastes" shall be as
defined in the Resource Conversation and Recovery Act (42 U.S.C. §6901, et
seq.), and any subsequent or amended regulations thereto. The term "Pollutants"
shall be as defined in the Clean Water Act (33 U.S.C. §1251, et seq.), and any
subsequent or amended regulations thereto.
§14. CONDITION OF FACILITY AND/OR WATER TOWER
14.1. Licensee acknowledges that it has been afforded a complete and full opportunity
to inspect, investigate, and review the Owned Premises and/or Water Tower in
order to determine the Owned Premises' appropriateness use by the Licensee.
Licensee further acknowledges that after said review or opportunity to review, it
accepts the Owned Premises and/or Water Tower "AS IS".
14.2. Licensor shall not be liable for any fine, forfeiture, or other assessment issued by
- the FCC against Licensee, or for any other fines or assessments issued by any
other governmental agency, in connection with Licensee's use of the Owned
Premises and/or Water Tower.
14.3. Licensee's use of the Owned Premises and Water Tower complies with all
applicable state, local, and federal laws, ordinances, and regulations, including
but not limited to, electrical and fire codes, and any and all rules and regulations.
§15. CONDEMNATION
15.1. If all or part of the Owned Premises and/or Water Tower is condemned or
transferred in lieu of condemnation, Licensee may terminate this Agreement as of
the date of the condemnation or transfer in lieu of condemnation by giving notice
to Licensor no more than forty-five (45) days following the date of condemnation
or transfer in lieu of condemnation. If Licensee chooses not to terminate this
Agreement, the Licensee Fee shall be reduced or abated in proportion to the
actual reduction or abatement of use of the Owned Premises and/or Water
Tower.
§16. LIENS AND TAXES
16.1. Licensee shall be responsible for any and all assessments or taxes imposed
upon Licensee's Equipment, operations, and/or improvements made by Licensee
to the Owned Premises and/or Water Tower and shall keep any structure, and
the property on which it is located, free of any and all liens for materials furnished
or labor performed at the instruction of Licensee. Licensee understands that
Final License Agreement
11
8 - 13
Licensor is not required to pay taxes for the reason that it is a tax-exempt unit of
government.
§17. BANKRUPTCY
17.1. Notwithstanding any other provision herein, in the event proceedings in
bankruptcy are commenced against Licensee or Licensee is adjudicated
bankrupt or a receiver of Licensee is appointed and qualifies, then Licensor may,
at any time thereafter, terminate this Agreement by giving seven (7) days written
notice to Licensee of such termination.
17.2. Licensee's Equipment complies with all applicable state, local, and federal laws,
ordinances, and regulations, including but not limited to, electrical and fire codes,
and any and all rules and regulations
§18. SERVING WRITTEN NOTICE
18.1. Any notice required to be served pursuant to this Agreement shall be in writing.
Notices shall be deemed served when they are personally delivered to the
representative of the Party authorized below to receive such notices or by mailing
such notices, certified or registered mail, with pre -paid postage to the address set
forth below. If the mail is used, then the date the notice is deemed served is the
date of mailing. If either Party fails or refuses to accept any delivered or mailed
notification pursuant to this Agreement, then service of said notice shall be
deemed waived and no further attempt to serve said notice shall be required.
Faxing of notices during normal business hours, Monday through Friday 8:00
a.m. to 5:00 p.m. (not holidays), is acceptable if a confirmation notice can be
provided to the other Party (upon request) indicating that the faxed notice was
received. Any change in company ownership, personnel, or Department
responsibility in administering this Agreement shall be submitted to Licensor
within thirty (30) days of the change. The persons to whom any notices are to be
sent are:
The Licensor: Oakland County Parks and Recreation
Executive Director
2800 Watkins Lake Road
Waterford, Michigan 48328
The Licensee: New Par d/b/a Verizon Wireless
180 Washington Valley Drive
Bedminster, New Jersey 07921
Attn: Network Real Estate
§19. HEADINGS
19.1. The terms and conditions of this Agreement are contractual and not a mere
recital. The paragraph headings used throughout this Agreement are provided
for reader convenience only and shall not be controlling in the interpretation of
this Agreement.
§20. ENTIRE AGREEMENT
20.1. This Agreement constitutes the entire understanding between the Parties and
supersedes all prior offers, negotiations, and/or agreements between the parties
relative to the subject matter addressed herein. Licensee represents that there
are no understandings, representations, or promises of any kind, oral or written,
Final License Agreement
12
8 - 14
that have been made by Licensor to induce the execution of this Agreement
except those expressly set forth in writing in this Agreement.
§21. INVALID PROVISION
21.1. The invalidity or unenforcability of any paragraph(s) or subparagraph(s) of this
Agreement shall not affect the validity or enforceability of the remainder of this
Agreement or the remainder of any paragraph(s) or subparagraph(s). This
Agreement shall be construed in all respects as if any invalid or unenforceable
paragraph(s) or subparagraph(s) were omitted.
§22. GOVERNING LAW AND VENUE
22.1. This Agreement shall be construed in accordance with, and subject to, the laws of
the State of Michigan. To the extent provided by law, any action at law, suit in
equity or other judicial proceeding for the enforcement of this License Agreement
or any provision thereof shall only be instituted in the Oakland CountyCircuit
Court, a District Court located in Oakland County, or the United States District
Court for the Eastern District of Michigan, depending on the nature of the
Claim(s).
§23. AMENDMENT
23.1. This Agreement may not be changed, modified, amended, or altered, except by
an agreement in writing, signed by both Parties.
§24. SUCCESSION
24.1. This Agreement is binding upon the Parties and shall be binding upon their
successive heirs, representatives, administrators, successors, subcontractors,
and assigns.
§25. FORCE MAJEURE
25.1. Except for the payment of any sums due under this Agreement, each Party shall
be excused from any obligations under this Agreement during the time and to the
extent that a Party is prevented from performing due to causes beyond such
Party's control. Reasonable notice shall be given to the affected Party of any
such event.
§26. DISCRIMINATION
26.1. Licensee shall not discriminate against a Licensee employee, an applicant for
employment, or another person or entity with respect to hire, tenure, terms,
conditions, privileges of employment, or any matter directly or indirectly related to
employment in violation of any federal, state, or local law.
§27. SUSPENSION OF SERVICES
27.1. Upon written notice, Licensor may suspend performance of the Agreement, if
Licensee has failed to comply with Federal, State, or Local law or any
requirements contained in the Agreement. The right to suspend services is in
addition to Licensor's right to terminate and/or cancel the Agreement. Licensor
shall incur no penalty, expense, or liability to Licensee if Licensor suspends
services under this section.
Final License Agreement
13
8 - 15
§28. RESERVATION OF RIGHTS
28.1. The Agreement 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 Licensor.
§29. NO IMPLIED WAIVER
29.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce
any right or remedy under the Agreement shall constitute a waiver of those rights
with regard to any existing or subsequent breach of the Agreement. No waiver of
any term, condition, or provision of the Agreement, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a
continuing waiver of any term, condition or provision of the Agreement. No waiver
by either Party shall subsequently effect its right to require strict performance of
the Agreement.
Final License Agreement
14
8 - 16
IN WITNESS WHEREOF, Beth Ann Drohan hereby acknowledges that she has been authorized
by Licensee to execute this License Agreement on behalf of Licensee and hereby accepts and
binds said LLC and partnership to the terms and conditions hereof on this day of
LICENSEE: New Par, a Delaware partnership
d/b/a Verizon Wireless By: Verizon Wireless (VAW)
LLC, its general partner
Beth Ann Drohan
Its: Midwest Area Vice President — Network
Date:
IN WITNESS WHEREOF, executes this License Agreement
on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this
License Agreement on this day of
LICENSOR:
COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:_
Its:
Date:
Final License Agreement
15
8 - 17
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me by Beth Ann Drohan, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to within this instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument, the entity upon behalf of which the person
acted, executed the instrument.
Signed and sworn to before me in the County of Cook,
Illinois, on the day of , 200
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of Oakland
NOTARY SEAL
STATE OF MICHIGAN
COUNTY OF OAKLAND
This instrument was acknowledged before me by , personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to within this instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument, the entity upon
behalf of which the person acted, executed the instrument.
Signed and sworn to before me in the County of Oakland,
Michigan, on the day of , 200
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of Oakland
NOTARY SEAL
Final License Agreement
16
8 - 18
f
MDIX O< SNEJ:TY
A,^I[t, u�-tN0.DMG
SNM' F 9E5^O °rMN
L rPD BUPP nS1Y.tMN 6 USA Ip INVC A
_ �;
nNvr save+. Dr ss o: ass .wo suc+rr r+rooier
O" ASe aR (C39 Arir! A u4,aN.M rMNNESS Q" 1
:_,=����'wnav
..cry At I rr IIa�n, rxreavA«mArc ro.+r
n541AfkAV uat 9QN l�ffa la A Ii XVI:Ar
,y-1E��[]f�u•flfwYAB a0
-i s�IE.YR
"0.'IOOAZS O< J WOF] AI f.D P;;F F(Nytiy MG
IW A A.+ur SAtFM A• IJ Arq SYd([ PR9IXICI
nrtxox ¢
a-Jvs,
. JTr
L AfWpP PAKLKG6rsiE'.{r�AS.4DeD ID u.LF'
'.P-�Z3yj)LiT"�, TC
IUUC IDRGut N 200 DR LCSZ
t 0
J. TM1S SNCL�U d 45 119: CDJtw U.
-�T�NauIICi�]
rmr x I ,ra E'wr x.rm :aamvcmv rrx �sse
8J1' N.f1aW1 61eL'YMG CSC MO 6 M
COufturFC NIM
.�
1D966R- µfl.LtWi 8Lv(pli
CA'C f99e W1iDfMlKwrL LrCeWiCN, Cii]('NC
r--+7 MG N!Y
AFS ! W c r
I..TE T FLJER 6 ALSD n CDW1Wi MM r➢De
. d-! CFVUAPJMG Iy]A2S C£CnG MEN
. a_: rr-uns acwnuvs ._s vc en
e-J eAOIIMfC ¢btS EriMr [ e D
� l�9 Ywu�/ 9Q MOiGY KCriaX
a 'itzxuc ccnc
rS-.im�l!aic �lr'�'
i DESGV �
,ror ur ruo . tm Prr
s r -
/iC4P PMII tM t0.O -ISO PY
.xw vtxrrc . 1v +n+r
I S
�aA�vr.
sJ ur T - swe c
srnrlcnA
a. s.."nnn .FA ae PLKip or A aua x
se s'rPucnuva uran' - ?iv PANT. a
g
lea ae:.xs
.exue:ne scar ro"vanov ar onv�
31
' - DCAG:E5 A N WN.CN ELAK WORK i0
, sra.rw �s - saa P;r a se Drn
9£ GVNE W ME7N£ FIELD.
¢ �LLt rtCue +91m AS %%IONXY' S+MLL K
II, Wf6 iuT 9E' Ml r
r aav sw+c ,wa Aw�MFDE Lx+rcw u.r
'nwu sc'E ro vrF aeovurruw..
co
i
r
...SKIN THIS SHFITER NOT F9R1
FOAM 90ARD " L - '' � HUMAV HABRATON
INSULATION
3!8' FRP TT SECTION
ION
' �re•nls�
CONCRETE yg FRp
FOAM BOARD
wsuunDN TYPICAL'LOOR SECTION "A -A"
SFC70N
suit P.Ts
26'-0" [312
FlELD WORN
v Y
-
a
rs
64"
FILTER
RACK �
}
M
�( FILTER
��;G 1� Lei RACK 24.,
p51 MO0U�A'X OyVVStpN
S
7
t
FOAM BOARD
F
FLOOR PLAN
INSULATION
29.2.5 SO- FT.
� CANCRETE SqN
'ANY ITEMS REQUIRED UNDER
�A.GRECA'r
PART Iil 28CFR35 TO BE
PROMED BY ON -SITE OV✓NER• "
PRCJ- NO.__
IJ I
ELEVATIO(IJ KE
av i n:rc a�nr. Aaaar un nnncn.rn voc.An.r_n.no�•. oc. ..,., -,.' ,,,, I _,�
Mlndon, Loulalona 11oss 800-824-2614 '
iNeeea..wNrt MawRufaVl �d-SW y��
F4' wao •wo'�0.tiior�ivor'I�Pbgo ----�--ror
Nar.wc Nauma•tteeFaurma ovi
A� F�rFwmoomerauroNaA �•Rr? wiz: 6/3/Dr
rrixee aanwi wnti Fee'"�o�c'"''
mmiscuN000rAwsomarAmowi �' are:
FRCfl� W"OF CMOfMFF CRNNi W
ros9EeewHaPT"+rV"10EFWn[SSr sun I
FRA,'4K
R,; Cy
E 4GINEE
m
47740
a'dua�.F:Aadv+Sa+ TD uv aS a+•v.
299 Bock A
Fairfield, Cnlifomla 94533 33 70 T0T-42'f-706
VERIZON WIRELESS
II' X. 26 -0 EQUIPMENT SHELTE
FLOOR PLAN
C TCo
1 C
8 �
p
ELEVTION A_ KEY
FIELD 'WORKC16, r
6
3n
44 \J
34 40
0 4 r 4
v
05
BUILDIN
!D PLA7
�k-rB°
ELEUAr�oN_c
oMal n�Eu
MINCEN
FAIRflELD
.��I o.• UL.4. iSt ,
SI �
FRAUK J.
RA LEY
477411
EtdB!ME
Na
FAIRFIELD
4l
FIBREBOND CORPORATION FIBREBOND WEST, INC.
1300 �avenoarl Oliva 229 Back A—uo
Mlntlan, Loulalana 71055 800-824-2814 4 Folr".telef, C21Nomla 94533 7074121.106
I
i11tTM1.YaIMMCONaalNL
dbf.
VERIZON WIRELESS
1
_..
pwcwpmn uv .amumr
rinwlmaarrercea»c�M veacp
tarwao part, at a m rnr rwlwna
rrmMuromar.Yo.a TMprmaa
O K4YM-nRY
.u�cnammwrsmoma.n+rma,
M
Y. 1tR
utE B/J/Ol
I 1 -3 X 26 -0 EOUTAVENT SHELTS
-
EXTERIOR ELEVATION C
--_
._
-
; ^.
0�1L
�.". n.mr
ai nn appnr nk1 annCRYY1�9RUlV<n,�pAt/pCT leop
neY'C
ppy
pv
nnT '
'
aEY:SION .
APP,
GATE
p
or.
opn:
1—
T/',9"_l�-a' r.'3 _ i�j+n. Q-575B
00
i
N
-1
4
A
EI_EVATIO�,' ttcv
eL VATrcv ,g
OVED BNY
kUG 4 7 W
MOOULA���
00
N
N
FlELD waaK
0�,
I
10 + 3/ ve
FlELD WORK q
o t 114 " PVC (�
~ SERVICE-� CONDUIT
o ENTRANCE STRAPPED TO
WALL
� FELD WORK � a
5 5 3 OF
WIG ry
FIEF WORK
ELEVATION B ELEVATION D
D � —
I
A ELEVATION ;tky
9Y: ^ATE BLD0. bFR0A;70. ADDED-TOlacur*�c�+.can..
MINDEN FAIRFlELD
3LDG. N0. PROJ. N0.
FiBREBOND COR:
1300 D—.np.n
-- Mlnden, L..W1®nm 71 ass
APPBOVED BY
AUG 17 2W'
SI PSI ODULAR IV;51
[Vl
99 Bn
C-2514
Feirtleid, C I99 m 9a 45 7033 7-421-10t
mm °7 6/Q1 'v'E.RIZON WIRELESS
G E
11 -3' X ZE -0 EOUfP,4fENF SN,ELFE
atE: s/s/or
G„!
E,'VTEP10R ELL'✓AF!ONS B & D
N)
Lo
'FW-5-ND
ITEM UST
rlE. UST
T%W.
PART NO.
MANUPACTURER
DESCRIPTION
ITEM
F�R;��BVP
R
IMUFAMTER
MANUfAMRIB?
PART No.
PART
POWER CONTROL BOX 8* X a*
— —
41
11073
TA2314
4 1/2* X A 112- HINGE
2
2096.
GTS-4;231-2C0
70HUER
— — — —
2-AMP I PHASE AUTOMATIC TRANSFER SWITCH
—
42
—
—
i 7W —
—
— —
—
19SN-12
— — —
— — — —
BOOR SSWEEP— — — —
3
22781
2�-FRG2
SCIES
� �7XSTIlI C
LP!LkSELGfNII!G. ARRES7
43
— —
27371
— — —
— — —
— —
— 'y' LA0R
LATCH,NOOK — — — — —
4
23720
CH42810DK
CUTER HAMMER--
2M AMP I PRASE ..S.
11
27371
— — —
— — —
— — — — — —
7' U11CH — KEEP
— —
— — — —
—GROUS-- MINDS —
—ZOG GEM. RECEP
'2533
Im-55,
DOOR STOP
EXTENDER
476-4 W/ "Ll" RIAC
7
23922
PORT 1'- 11 IOLE
17
It I
— —
Ll '�IE ln)�CUI 1
8
"al I I
— —
LL357TP
— — — —
MAWAIR
— — —
LEAO LAG EA.RaNMEN,- CONTROL
— — — —
48
1366,
— —
'591
— — —
— — — — — — — —
EMRIOR CFCl RECEPTACLE /2* X 4' W,P.J.8.
9
10,86
_fM2- Al 20'4H
L_ _
MIET�JX
— — _
FLUORESCENT UCKI F-MRE-2/-
_j_ — — (1*—
1 —
I
-- —
IS 97
— — —
— — —
— — — — — — — —
1/4. x A, x 5 , GROUND BAR
la
15413
ITI�111111
IIETAII%
RIOR P111 OSE
So
— — —
127,o
— — —
— — —
— — — — — — — —
La C!"OULIT
11
10101
—
R2*1
141
UP RECEPTACLE 1 4.5.
51
Hfacc,, WAY,
�Cualc ENTRY, Is HOLE,
12
1015,
— — —
— — — —
— — —
x 4' J.8,
--TZ—Q9
,3
— — —
— — — —
— — —
— — — —
61
20426
5T602
32 — E� �W� �r=)4
14
'0203
CS)2 -1
PAS
— — —
INTERIOR UGW SMTCH/2" X 4' J.B.
. .
203n
. . .
1GO2551 44
.
GRAWGER
WALL TELEPHONE
15
Is
23433
AYPGOACA-IOC
MAWAJR
5 TOM I PHASE MR WNII� 11 W/ECONOMIZER
55
—
— — —
Cc2m
— — —
OMER HAMMER
— — —
200 AMP MAIN BREAKER W/ ENCLOSURE
— — — — — — — —
433 Awsa"Ei MARIA] I oc R 5 TON I PNAsE MR COND. 12 WIECOWMIZER
17 10166 1 11/11' X 4 11/16" I.B.
is 1171M NONMEU 41 NUAA(Xry &ARM/2' X 4' J.B
LD HUMIDITYALA'W/2 K A J.D.
12 —77-6 707M:�U
— — -- — — — — — — — — --
20 10"L— -Lcl-ll MOM HIGH ru;p ALA�
21 10677_ 'EICI
22 10,71 — — ESIS 11 ASI =M CTROHICS SMOKE OOR/4- x A- J.H.
— — — — — — — — — — — — —
1 -2 — — IM-0 DOOR ALfIV
24 HUSHING & 3 PIECE BOX CONNL
25 11056 — — — — — — H—�Ul;—C MR —CLOSER
— — -- • APFROV
26 1051 —-1* L.B. CONOULET ED BY
— — — — — — — — — — — — — — — — — — 27 11317 669�50.1449 NEMON BLOCK i 7 2W
211 1'731 I e WIFEWAY 5'-0- NO
— — — — — — — — — — — — ;"k DIVI'
29 izips, WAD/WS2 CAMI4— CO-M—VERI�—tROIIER�AIL RELAY
30 loic�*— 7*s— O—UPLEX RECEP,/4- X Ito� J.B. SIG
j? 1016!
32 116k5j CURRIES 3670 M MR �ajj7� SM L .4a.�ra pmlvlpz,,c �r
. . . . . . . . . . " _ �CZ
US/ED. w
3, 1296. ELco DjAR73/1- X I--0- X .,-0- (-M lE op A41
34 — -- — — — — — — — it.00 ElT - ;��, PIPE X
7' 10150 — — — FOR TOWER 1;�;l C;NTRCQ RA
F. A LEY J.
ZS 114�5 -;CTC — — — — — — — —
37 15397 I X t: X 20• GROUND BAR —
MINE
33 207C-0 1O21C-261) SIMPLEX-- OW BOLT -KEY OUT. THUMB IN No. IM
— — —
PREP FOR SIMPLEX UNICAN M BE MELD NSTALLEC) 4 774
— — -- — — —
39
SF
51 — — — — — -- — — — — — — — — — —
— — — — — — — — ---- L, I'D
MINn, FAJRFlEW F.NRFIMD
'
FIBREBOND CORPORATION MREBOND WEST, INC.
1300 Davenport Drive 4 2------ - � Minden, ulvlwn* 71OSS 50(�-824-2814 F.1,M.1d, C.Iftml. 94513 707-42=
ZA
NA MOCAPNOiRAN69HBMAtpq
NAM-
�aw
04'. 07126110)
VERIZON WIRELESS
Yr.
I l'-j x 25 -0' E-QUEMENT SMELT~,
iTEV LIST
EVISION
WE
ONE 6 B,- D-5758
ITEM #9
PROPOSED INTERLOCAL AGREEMENT
BETWEEN THE
COUNTY OF OAKLAND AND THE CITY OF WIXOM
The Lyon Oaks Park Master Plan includes the development of a hiking
trail system. As part of a phased improvement, the Oakland County Parks and
Recreation Commission has an opportunity to upgrade an existing bridge across
the Norton Drain.
Since the city of Wixom has an existing sanitary sewer easement that is
accessed by the existing bridge, which is in a state of disrepair and in need of
replacement, negotiations between the County and the city of Wixom have taken
place, resulting in the enclosed Interlocal Agreement between the County of
Oakland and the city of Wixom.
Staff is recommending adoption of the enclosed resolution supporting the
approval and execution of the Agreement by the Oakland County Board of
Commissioners.
9-1
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission manages
property commonly referred to as the Lyon Oaks County Park; and
WHEREAS, the Oakland County Parks and Recreation Commission wishes to
construct a bridge which shall replace a bridge in Lyon Oaks County Park over the
Norton Drain; such bridge shall provide access to an existing sanitary maintenance
easement and shall provide access to public trails; and
WHEREAS, the city of Wixom wishes to maintain access to an existing sanitary
maintenance easement via the bridge; and
WHEREAS, the Oakland County Parks and Recreation Commission proposes to
construct the bridge in-house using park staff and equipment; and
WHEREAS, the parties shall evenly split the entire cost of the project, assisting
the Parks Commission in its strategic master plan goal to increase both revenue
sources and partnerships with local government agencies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission supports the approval and acceptance of the terms of the
Interlocal Agreement between the County of Oakland and the city of Wixom.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that the Oakland County Board of Commissioners direct
its Chairperson or designee to execute the Interlocal Agreement for the construction of
a bridge over the Norton Drain in Lyon Oaks County Park.
Moved by
Supported by
Date
D:\$Data\My documents\Resolutions\2008\0192008 LO Bridge Agreement.doc
9-2
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF WIXOM
This Agreement is made between Oakland County, a Municipal Constitutional
Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and the City of
Wixom, a Municipal and Constitutional Corporation, 49045 Pontiac Trail, Wixom, MI
48393 ("Wixom"). All obligations and responsibilities of the County shall be carried out
by the Oakland County Parks and Recreation Commission, an official statutory agent of
the County, 2800 Watkins Lake Road, Waterford, Michigan 48328 ("Parks and
Recreation Commission"). In this Agreement, the County and Wixom may also be
referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501, et seq., the County and Wixom enter into this Agreement. The
purpose of this Agreement is to delineate the responsibilities and obligations of the
Parties regarding the construction and maintenance of a bridge in Lyon Oaks Park.
WHEREAS, the Parks and Recreation Commission manages property commonly
referred to as the Lyon Oaks County Park; and
WHEREAS, the Parks and Recreation Commission wishes to construct a bridge which
shall replace a bridge in Lyon Oaks Park over the Norton Drain, such bridge shall provide
access to an existing sanitary maintenance easement and shall provide access to public
trails ("the Project"); and
WHEREAS, Wixom wishes to maintain access to an existing sanitary maintenance
easement via the bridge; and
WHEREAS, the Parks and Recreation Commission proposes to construct the bridge in-
house using park staff and equipment, according to specifications specifically described
in Exhibit A; and
WHEREAS, the parties shall evenly split the entire cost of the Project; and
NOW, THEREFORE, in consideration of the mutual promises, obligations,
representations, and assurances in this Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation
marks, or possessive or nonpossessive, shall be defined, read, and interpreted as
follows:
Bridge Agreement -Final
Page 1
9 - 3
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits
attached hereto, and any other mutually agreed to written and executed
modification or amendment.
1.2. Countv means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, all departments, divisions, the
County Board of Commissioners, elected and appointed officials, directors,
board members, council members, commissioners, authorities, committees,
employees, agents, or any such persons' successors.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59
p.m.
1.4. Exhibit means all of the following documents which are fully incorporated
into this Agreement:
1.4.1. Exhibit A: Bridge Drawing
1.5. Project means the construction of a bridge, pursuant to Exhibit A, which
shall replace a bridge in Lyon Oaks Park over the Norton Drain; such bridge
shall provide access to an existing sanitary maintenance easement and shall
provide access to public trails.
1.6. Wixom means the City of Wixom, including, but not limited to, its Council,
departments, divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees,
employees, agents, subcontractors, or any such persons' successors.
2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained
in this Agreement, and applicable changes in law, the County shall carry out the
following:
2.1. The Parks and Recreation Commission shall construct a bridge at Lyon
Oaks County Park, as more specifically described in Exhibit A.
2.2. The Parks and Recreation Commission shall construct the bridge using
Parks and Recreation Commission staff and equipment.
2.3. In the event a contractor is needed at any time during the Project, the Parks
and Recreation Commission shall contract with a suitable contractor to
perform worked deemed necessary.
2.4. The Parks and Recreation Commission shall secure the necessary permits
and approvals from the government entities having jurisdiction, including
the necessary permits from Wixom. Wixom shall not charge the County
fees for such permits or approvals.
2.5. The Parks and Recreation Commission shall keep and maintain complete
and accurate records regarding all costs associated with the Project and shall
make same available to Wixom.
2.6. The Parks and Recreation Commission shall maintain and provide
necessary repairs for the bridge.
3. WIXOMS RESPONSIBILITIES. Subject to the terms and conditions contained
in this Agreement, and applicable changes in law, the County shall carry out the
following:
3.1. Wixom shall be responsible for fifty percent (50%) of the total cost of the
Project, not to exceed forty thousand dollars ($40,000.00).
Bridge Agreement -Final
Page 2
9 - 4
3.2. Wixom shall make one lump sum payment to the Parks and Recreation
Commission upon completion of the Project.
3.3. Wixom, at its discretion, may provide staff to assist in the construction of
the bridge. If assisting in the construction, Wixom shall keep complete and
accurate daily records of the assistance provided and submit their labor and
equipment rates. The Parties shall calculate the monetary worth of
Wixom's assistance and deduct that amount from the amount Wixom is
responsible to pay under Section 3.1.
4. DURATION OF AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when
executed by both Parties, with resolutions passed by the governing bodies
of each Party, and when the Agreement is filed according to MCL 124.510.
The approval and terms of this Agreement and any amendments hereto shall
be entered in the official minutes of the governing bodies of each Party.
4.2. This Agreement shall remain in effect until cancelled or terminated by
either Party pursuant to Section 6.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its
employees, agents, and subcontractors, the costs associated with those acts,
and the defense of those acts.
5.2. Neither Party shall be liable to the other Party for any consequential,
incidental, indirect, or special damages of any kind in connection with this
Agreement.
- 5.3. To the maximum extent provided by law, if there is any amount past due
under this Agreement, the County, in its sole discretion, has the right to set
off that amount from any amount due to Wixom from the County,
including, but not limited to, distributions from the Delinquent Tax
Revolving Fund (DTRF).
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1. Either Party may terminate or cancel this Agreement for any reason upon
thirty (30) days notice. The effective date for termination or cancellation
shall be clearly stated in the notice.
7. NO THIRD PARTY BENEFICIARIES. Except as expressly provided in this
Agreement, this Agreement does not and is not intended to create any obligation,
duty, promise, contractual right or benefit, right to indemnification, right to
subrogation, and/or any other right, in favor of any other person or entity.
8. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state,
and local laws, statutes, ordinances, regulations, administrative rules, and
requirements applicable to its activities performed under this Agreement.
9. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or other persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment, or any matter directly or
indirectly related to employment in violation of any federal, state or local law.
10. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to,
impair, divest, delegate, or contravene any constitutional, statutory, and/or other
legal right, privilege, power, obligation, duty, or immunity of the Parties.
Bridge Agreement -Final
Page 3
9 - 5
11. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to,
an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of
power source, or any other circumstances beyond the reasonable control of the
affected Party. Reasonable notice shall be given to the affected Party of any such
event.
12. IN -HIND SERVICES. This Agreement does not authorize any in -kind services,
unless previously agreed to by the Parties and specifically listed herein.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without
the prior written consent of the other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach
of this Agreement. No waiver of any term, condition, or provision of this
Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of
this Agreement. No waiver by either Party shall subsequently effect its right to
require strict performance of this Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of
This Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning.
The numbers, captions, and indexes shall not be interpreted or be considered 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 nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the
context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall 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 on the date when one of the following first 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 days after mailing first class or certified U.S. mail.
17. L If Notice is set to the County, it shall be addressed and sent to:
Oakland County Parks and Recreation Commission
Executive Officer
2800 Watkins Lake Road, Building 97
Waterford, MI 48328
and
Bridge Agreement -Final
Page 4
9 - 6
Oakland County Board of Commissioners, Chairperson
1200 North Telegraph Road
Pontiac, MI 48341
17.2. If Notice is set to the County, it shall be addressed and sent to:
17.3. Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
18. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement 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 Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue
is proper in the courts set forth above.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recission, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Parties' governing
bodies.
20. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning and not construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
IN WITNESS WHEREOF, hereby acknowledges that he has been
authorized by a resolution of the , a certified copy of which is
attached, to execute this Agreement on behalf of the Political Subdivision and hereby
accepts and binds the Political Subdivision to the terms and conditions of this Agreement.
EXECUTED:
DATE:
Bridge Agreement -Final
Page 5
9 - 7
WITNESSED:
DATE:
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behalf of Oakland County and hereby accepts and binds
Oakland County to the terms and conditions of this Agreement.
EXECUTED:
EXECUTED:
WITNESSED:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Pecky Lewis, Chairperson
Oakland County Parks and
Recreation Commission
Ruth Johnson, Clerk Register of Deeds
County of Oakland
DATE:
"�M-9
DATE:
Bridge Agreement -Final
Page 6
L" u
T \EICN ENE
Ca? itill.=
GLL S:JER �
6" ?
3P.11.E I Rl 5zc ."
GALr. TJRL' B.._.,�
jR OK 7OF
c
F
., n. L ICCDFR......; TlEATF-
,
EY IS'"'vi GR.t�E
I 1
T" r Jcf ^4
'PilFnKING
CE i AIL... CONNECTION_.
1 4 ij E ,i•.r.0
6L'PTE
� 4
F T
'1tCABLE_CONN, DETAIL
' JLE
_
µ
TO CF MR 6^1.'
yTARll(3 FE?
B ' s
W R cLJ.
Wh✓NcR
..^.:n'�u.^.'CR TO FR.. At L l—WOVi
'IN FELL —OR
I
PLANVIEW .................................
0 F. 11'
1.
✓� ,
_I
i
��1 ��
I
�
1
!• r .� Kos
:al Ff
I
�'r P VY
IJ
..
I _
L
W✓'I"r,.OL..r _..wr5
uNCOD TO BE.
................._2:.�.��A...�l.
SIDE_ELEVATION ..................................
+�. _', 1',.�
L../,'\_ l ..may
6 C
2 --0
FRONT ._ELEVATION ._......................._
........................................
................
...
..____.............
ITS Nf)iEGllf.'O JYil�l'v:,
:Sc Olt!F.M OrS OL'NCnTfP.
U W
0
Lv
I
Y
A
P.a gt Sy r
7 (� Ci i
is
M�
OS 503
ITEM #10
ELECTRICAL IMPROVEMENTS
SPRINGFIELD OAKS — ELLIS BARN
Since the completion of the Ellis Barn Relocation Project, staff has been working
with Risk Management and our blanket consultants to provide the necessary
improvements to the barn for various public events, activities and programs. As part of
these improvements, we have identified the necessary electrical and fire alarm
requirements for the various public areas of the barn.
For budgetary purposes, the bid includes a Base Bid and three Alternates for a
total opinion of costs of $120,000. Base Bid includes materials and installation of the
minimum electrical and fire alarm requirements for the upcoming Ellis Barn Festival,
scheduled for October 4, 2008 (Refer to enclosed flyer). Alternate #1 includes materials
and installation of the lightning protection system. Alternate #2 includes materials and
installation of the remaining necessary electrical requirements for other public events,
activities and programs. Alternate #3 includes materials and installation for upgrading
the power source for the barn, for future electrical requirements, such as a mechanical
lift system between the two floors.
Purchasing issued electrical drawings and specifications for bid that are due on
Monday, August 11, 2008. Upon review of the bids, staff will report and make a
recommendation at Wednesday's Commission Meeting.
The FY2008 Capital Improvement Project Budget is $50,000 and the Proposed
FY2009 Capital Improvement Project increases the total amount of the budget to
$150,000. The opinion of costs for the other barn improvements, such as the lower level
paving, accessible decks & entrances and handrails, is $50,000.
10-1
10 - 2
ITEM #11
MAINTENANCE BUILDING ADDITION
LYON OAKS
Bids were received for the addition to the Lyon Oaks maintenance
building. The existing building is comprised of a decorative block and pre -
manufactured metal building. The proposed addition consists of a 1,600 sq. ft
extension, including the matching of the exterior facade and roof using like or
equal material and radiant heat. Site work is a minimum, basically creating a
small swale and some minor asphalt removals and repairs.
Bids received are as follows:
Contractor
Base Bid
Heater
Total
deduct
Hittle
$150,775
($9,505)
$141,270
Vanston O'Brien
$139,000
$139,000
Construction Solution
$159,800
$159,800
CMA
$129,900
($5,500)
$124,400
Evangelists
$148,750
$148,750
W. J. Stewart
$134,978
$134,978
Parks and Purchasing staff have reviewed the bids. Staff recommends
approval of a contract to CMA Design Build, Inc. in the amount of $124,400, plus
a 5% contingency of $6,220, for a total approved amount of $130,620.
The 2008 Capital Improvement Projects (CIP) budget is $120,000, with an
additional $40,000 in the 2009 CIP budget, for a total of $160,000 available for
this project.
Springfield Oaks — Ellis Barn
Electrical Improvements
Since the completion of the Ellis Barn Relocation Project, staff has been working with
Risk Management and our blanket consultants to provide the necessary improvements to the
barn for various public events, activities and programs. As part of these improvements, we
have identified the necessary electrical and fire alarm requirements for the various public areas
of the barn.
For budgetary purposes, the bid includes a Base Bid and three Alternates for a total
opinion of costs of $120,000. Base Bid includes materials and installation of the minimum
electrical and fire alarm requirements for the upcoming Ellis Barn Festival, scheduled for
October 4, 2008 (Refer to enclosed flyer). Alternate #1 includes materials and installation of
the lightning protection system. Alternate #2 includes materials and installation of the
remaining necessary electrical requirements for other public events, activities and programs.
Alternate #3 includes materials and installation for upgrading the power source for the barn, for
future electrical requirements, such as a mechanical lift system between the two floors.
Purchasing received the following five bid responses on Monday, August 11, 2008.
Oak Electric,
Inc.
Waterford
Primary
Electric,
Wales, MI
Electrical
Systems, Inc
Shelby Twp..
United
Water-NACO
Grand Rapids
W.J. Stewart
Contracting,
Waterford
Base Bid
$31,250
$45,000
$52,150
$134,227
$38,500
Alt #1
$12,976
$13,100
$11,500
#17,259
$12,968
Alt#2
'$9,085-
$8,500
$18,150
$41,785
$8,350
Alt #3
$6,500
$6,000
$7,000
$22,028
$8,975
Total
$59,811
$72,600
$88,800
$215,299
$68,793
Upon review of the bids, staff recommends approval of a contract that includes the Base
Bid and Alternates 2 & 3. Alternate #1 is not being considered at this time because the cupolas
have not yet been installed. Therefore, staff recommends approval of a contract to the low
bidder Oak Electric, Inc., in the amount of $46,835, plus a 5% contingency of $2,342, for a total
approved amount of $49,177.
The FY2008 Capital Improvement Project Budget is $50,000 and the Proposed FY2009
Capital Improvement Project increases the total amount of the budget to $150,000. Other barn
improvements, such as the lower level paving, accessible decks & entrances and handrails are
estimated at $50,000.
ITEM #12
EXECUTIVE OFFICER'S REPORT
A. Pure Michigan Billboard: The Pure Michigan billboard featuring Orion Oaks County Park is in 144 locations
throughout Michigan, Chicago, Indiana, Ohio, Ontario, Milwaukee and St. Louis with a total estimated number of
impressions (or viewings) of more than 1.7 billion monthly. The billboards have been up for approximately three
months. The Pure Michigan campaign was created by Michigan.org to promote tourism in the state.
B. 2008 MRPA Lifeguard Competition: Attached for your information is a copy of the results from the 2008
MRPA Lifeguard Competition. As you will see, staff from both waterparks placed first through fourth.
C. Commission Photo: The commission photo will be scheduled once again at the September 3 Commission
meeting, which will be held at the Commission's regular meeting location of the administration offices. Please
dress in business attire.
D. Department Re -organization: At the request of the Oakland County Human Resources Department, the re-
organization resolution has been postponed for Commission consideration until the September 3 meeting.
E. Upcoming Events: Attached for your information is a listing of the upcoming special events in the Parks.
12-1
2008 @PA Lifeguard Competition Results
1
8
Kyle
Allison
Red Oaks
4 6
5 45
591
2
1 17
36
6
12
43
1 1
20
4 0
240
2
17
3
15.5
2
10
Kieth
Rochelle
aterford Oak
4 : 26
5 26
592
3
16
39
3
16
38
7
12
4 15
255
5
14
1
20
3
11
David
Kelly
Red Oaks
4 : 27
4 54
561
1
20
35
9
6.75
37
8
8.25
3 42
222
1
20
5
12.5
4
9
Steve
Tara
Vaterford Oak
4 : 40
5 45
625
7
12
36
6
12
40
3
15.5
4 12
252
4
15
5
12.5
5
1
Paul
Claire
Troy
5 12
5 15
627
9
9
35
9
6.75
40
3
15.5
4 26
266
10
7
2
17
6
3
Klodian
Lisa
Troy
4 : 44
5 42
626
8
11
40
1
18.5
37
8
8.25
4 20
260
7
11.5
9
4.625
7
1 2
David
Whitney
Troy
4 : 35
5 55
630
10
1 7
40
1 1
1 18.5
42
2
1 17
1 4 381
278
121
51
9
4.625
8
5
Scott
Marie
Troy
4 16
5 46
602
5
14
35
9
6.75
35
14
2
4 19
259
6
13
3
15.5
9
15
Tim
AshleyWaterford
4 36
5 22
598
4
15
35
9
6.75
37
8
8.25
4 34
274
13
4
5
12.5
10
14
Brandon
Nikki
Lake Erie
4 31
6 18
649
12
5
37
4
14.5
36
12
4.5
4 4
244
3
1
9
4.62
11
4
Kyle
Claire
Troy
4 : 37
5 42
619
6
13
33
14
2.5
35
14
2
4 20
260
7
11.5
5
12.5
12
13
Zach
Katie
Lake Erie
5 18
6 23
701
17
0
37
4
14.5
37
8
8.25
5 : 9
309
15
2
9
4.625
13
16
Jason
Rachele
Waterford
5 4
5 56
660
15
2
34
13
4
39
5
13.5
5 19
319
16
1
9
4.62
14
6
Jayeson
Brittany
Troy
5 50
5 8
658
14
3
31
16
0.5
39
5
13.5
4 54
294
14
3
9
4.625
15
7
Dan
Sara
GPW
5 0
5 35
635
11
6
33
14
2.5
36
12
4.5
4 31
271
11
6
9
4.625
16
17
Tim
Meagha
Livonia
5 12
5 45
657
13
4
31
16
0.5
35
14
2
4 25
265
9
9
9
4.625
17
12
Preston
Marissa
Troy
5 5
6 3
668
16
1
36
6
12
34
17
0
5 36
336
17
0
17
0
2008 Lifeguard Competition Sponsors
Gold
Advanced Pool Services
All -Pro Exercise
Direct Fitness Solutions
Northwest Pools
Professional Pool Techs
Silver
B&B Pools
Dick's Sporting Goods
Footprints Sportswear
Hasty Awards
m - OP Aquatics
81.5
78
67.5
67
55.25
53.875
52.125
51.25
46.5
44.625
41.5
29.375
25.125
24.625
23.625
20.125
13
Upcominjj Events
Wheelchair Sports Camp
Ages 6-18 years
Beech Woods Recreation Center/Southfield Civic Center
August 8, 9, 10
Warren Orlick Memorial Adaptive Golf Outing
White Lake Oaks; Friday, August 15, 2008; 9:30 am — 1:30 pm
TGIT — Olympics
For individuals 18 & older with intellectual impairments
Waterford Oaks Activity Center; Thursday, August 21; 7-9 p.m.
Open Adaptive Golf - Red Oaks
August 8 and 22; noon
BMX Racing
Waterford Oaks BMX Track
Saturdays in August; 10 am
Bob Warnicki Scholarship BMX Race
Waterford Oaks BMX Track
August 23; 10 am
Walk Michigan Lunchtime Walk
Waterford Oaks Court Games Complex
August 8, 11:45-12:15
Walk Michigan Lunchtime Walk
Waterford Oaks Court Games Complex
August 15; 12:45-1:15
Bow Wow Dog Swim
Red Oaks Waterpark
September 7; 11:30 am — 3:30 pm
Waterford Oaks Dog Swim
Waterford Oaks Waterpark
September 13; 11:30 am — 3:30 pm
Addison Oaks Campmround Recreation
Blast from the Past — August 7-10
Clowning Around — August 14-17
Rodeo Round -Up — August 21-24
Loungin' on Labor Day — August 28-Sept. 1
12E- 1
Groveland Oaks Campground Recreation
Balloons, Bubbles & Balls — August 5-10
Time Warp — August 12-17
Aloha Hawaii — August 19-24
Loungin' on Labor Day — August 26-Sept.
Military Appreciation Days
Waterford Oaks Waterpark — August 20; 11 am — 8:30 pm
Red Oaks Waterpark — August 21; 11 am — 8:30 pm
Independence Oaks Nature Center
August 9
Petal People and All Things Small, 1:30 - 3 p.m. Join the naturalist in the nature
center's sensory garden as we take a closer look at all things small! Perhaps catch a
glimpse of a petal fairy. We will read a book and enjoy a snack, along with other
activities. Make a petal fairy of your own to take home! $2.50/person. Prepay to register.
August 16
Native American Campfire, 7:30 - 9 p.m. This evening campfire program will focus on
the first Americans. Enjoy stories, a craft, snack and a visit from a special guest. Bring
bug spray and a blanket! $2/person. Prepay to register.
August 23
Summer Star Party, 9 11 p.m. Look up at the summer night sky during this star-studded
evening that includes a cast of characters including, Scorpio, Lyra and Aquila. The
Nature Centers starlab (portable planetarium) will ensure good star viewing. The Oakland
Astronomy Club provides telescope viewing, weather permitting. Suitable for school -age
children and adults. $2/person. Prepay to register.
12E- 2