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Agendas/Packets - 2015.04.14 - 40295
MEETING NOTICE OAKLAND COUNTY PARKS AND RECREATION COMMISSION NOTICE IS HEREBY GIVEN that a regular meeting of the Oakland County Parks and Recreation Commission will be held at 2:00 p.m. on Tuesday, April 1111 14, 2015, at Oakland County Parks and Recreation Administration Office, located at 2800 Watkins Lake Road, Waterford, Michigan 48328. GERALD A. FISHER CHAIRMAN Telephone: (248) 858-4603 1 2800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917 248.858.0906 • 1.888.00PARKS • DestinationOakland.com KLANDCOUNTYPARKS April 8, 2015 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: A meeting has been called of the Oakland County Parks and Recreation Commission as follows: PLACE .................................... Oakland County Parks Administration Office 2800 Watkins Lake Road Waterford, MI 48328 TIME ................................... Tuesday, April 14, 2015 2:00 p.m. PURPOSE ................................ REGULAR MEETING This meeting has been called in accordance with the authorization of Chairman Gerald Fisher of the Oakland County Parks and Recreation Commission. Sincerely, Daniel J. Stencil, CPRE Gerald A. Fisher Chairman Executive Officer J. David VanderVeen Vice Chairman John A. Scott Secretary Next Meeting:Tuesday, May 12, 2015 (cry, 2:00 p.m. Pecky D. Lewis, Jr. ChalrpersonEmeritus Red Oaks Nature Center A. David Baumhart 111 30300 Hales Street Gregory C. Jamian Robert E. Kostin Madison Heights, Michigan 48071 Christine Long Gary R. McGillivray Jim Nash Daniel J. Stencil Executive Officer 2 0 ur mission is to provide quality recreational experiences that encourage healthy lifestyles, support economic prosperity and promote the protection of natural resources. Oakland County Parks and Recreation Commission Meeting Parks & Recreation Administration Offices 2800 Watkins Lake Road, Waterford, MI 48328 Tuesday, April 14, 2015 2:00 PM AGENDA Page #'s Action Reauired Presenter/Phone # 1. Call Meeting to Order ------ G. Fisher 248.514.9814 2 Roll Call ------ « 3. Pledge of Allegiance ------ « 3-4 4. Approval of Agenda Approval G. Fisher/D. Stencil 248.858.4944 5-12 5. Approval of Minutes: Regular Meeting of 03/10/2015 Approval V. Valko 248.858.4603 6. Public Comments: G. Fisher 7. PRESENTATION: 13 Emmett's Energy (Waterford) - Winter Classic BBQ Rib Cook -off Sponsor D. Stencil/J. Brown 858.5495 8. INTRODUCTIONS - New Full-time Staff Members: D. Stencil 14 A. Ryan Danescu - Red Oaks Assistant Park Supervisor M. Pardy 837.2863 15 B. Donald J. (D.J.) Coffey - Independence/Orion Oaks Park Supervisor J. Dunleavy 858.4647 16 9. CONSENT AGENDA: 17 A. OCPR Monthly Revenue and Expenditure Budget to Actual Report for Month Ending Receive & File J. Phelps 248.858.5319/D. Stencil 02/28/15 (FM 05, FY 15) 18 B. Monthly Revenue and Expenditure Comparison Report for Month Ending Receive & File J. Phelps/D. Stencil 02/28/15 (FM 05, FY15) 19 C. Monthly Revenue and Expenditure Average Comparison Report for Month Ending Receive & File J. Phelps/D. Stencil 02/28/15 (FM 05, FY15) 20-22 D. Capital Improvement Projects Budget to Actual Report & Statement of Net Position Receive & File J. Phelps/D. Stencil For Month Ending 02/28/15 (FM 05, FY15) 23 E. FY 2015 CIP Schedule Update Receive & File M. Donnellon 858.4623/1). Stencil 24 F. FY 2015 Non-CIP Maintenance Projects Update Receive & File M. Donnellon/D. Stencil 25 G. Revised FY 2015 Vehicle Budget Amendment Approval J. Phelps/P. Castonia 858.0909/1). Stencil 10. REGULAR AGENDA: A. Temporary Use Permits - With Request for Alcohol Sales: 26-33 1. Michigan Antiques Festival, May 2015 / Oakland County Fair Association Informational/Approval M. Prowse 249-2801/ D. Stencil 34-41 2. State Figure 8 Championship, September 2015 / Oakland County Fair Association InformationaUApproval M. Prowse/ D. Stencil 42-49 3. Michigan Antiques Festival, October 2015 / Oakland County Fair Association Informational/Approval M. Prowse/ D. Stencil 50-57 4. Back Roads Half Marathon November 8, 2015 / SCAMP/Clarkston State Bank - Informational/Approval M. Prowse/ D. Stencil Independence Oaks B. FY 2015 CIP Project Approvals: 58-67 1. Addison Oaks - Kitchen Storage Unit - Conceptual Approval Information/Approval J. Myers 202.9287 3 68-103 C. Food & Beverage - Proposed Contract with Katherine's Catering (Ann Arbor) - White Lake Oaks and Lyon Oaks Banquet and Grill Room Operations Informational/Approval/BOC P. Castonia/J. Hall/S. Wells 858.4634/D. Stencil 104-115 D. FY 2015 PENDING CIP Project Report Receive & File M. Donnellon 858.4623/D. Stencil 116-118 E. Update on CAPRA - Commission for Accreditation of Parks and Recreation Agencies Information D. Stencil/D. Folland 736.9087/P. Castonia (National Parks & Recreation Association) 119-142 F. OC Market Programming and Operations Presentation Receive and File J. Brown/ S. Wells/D. Stencil 143-153 G. Semi -Annual Communications and Marketing Presentation Receive and File D. Stanfield 858.4627/D. Stencil 154 H. Identification of OCPR Marketing Goals/Marketing Committee Update Verbal Report from G. Fisher/D. Stencil/M. Prowse/D. Stanfield Chair and Staff 155 1. Proposed OCPRC Study Sessions - April 28 and May 26, 2015 Approval D. Stencil 156-197 J. Proposed Waterford Oaks Greenhouse License Agreement with RecoveryPark Information/Approval M. Prowse/D. Stencil BREAK AT THE DISCRETION OF THE CHAIR H. STAFF REPORTS: 198-215 A. Executive Officer Report Receive and File D. Stencil B. Participation and Program Review FY 2015, Month 06 Receive and File T. Fields 858.0914/J. Dunleavy 858.4647/ T. Hughes 343.1011 216 C. Food & Beverage Committee Update Receive and File P. Castonia/S. Wells/D. Stencil D. Executive Committee Update Receive and File G. Fisher 12. OLD BUSINESS G. Fisher 13. NEW BUSINESS G. Fisher 14. ADJOURN Next Meeting: 2:00-3:30 p.m. on May 12, 201S Red Oaks Nature Center 30300 Hales St., Madison Heights, Michigan 48071 ** Red Oaks Connector Trail Dedication Ceremony @ 4:00 p.m. ** * NOTE: All phone numbers are area code (248) unless otherwise noted. As a reminder, if you have not already done so, please turn your cellular phones off or to a silent or vibrate mode for the duration of the meeting. This will allow the meeting to proceed without distractions or interruptions. Thank you for your cooperation. 4 Oakland County Parks and Recreation Commission Meeting March 10, 2015 Chairman Fisher called the meeting to order at 2:00 p.m. in the Buffet Room at the White Lake Oaks Banquet and Conference Center. COMMISSION MEMBERS PRESENT: Chairman Gerald Fisher, Vice Chairman J. David VanderVeen, Secretary John A. Scott, A. David Baumhart III, Ronald Fowkes, Robert E. Kostin, Christine Long, Gary McGillivray, Phil Sanzica (representing Jim Nash) COMMISSION MEMBERS ABSENT WITH NOTICE: Chairperson Emeritus Pecky D. Lewis, Jr. ALSO PRESENT: Parks and Recreation OC Corporation Counsel OC Fiscal Services Oakland County Purchasing Oakland County Facilities Management APPROVAL OF AGENDA: Daniel Stencil, Executive Officer Sue Wells, Manager of Parks & Recreation Operations Phil Castonia, Chief of Business Operations Mike Donnellon, Chief -Park Facilities Maint. & Dev. Jim Dunleavy, Chief -Park Ops. & Maint.- N. District Julee Erskine, Volunteer Services Rec. Specialist Terry Fields, Chief-Rec. Programs & Services Donna Folland, Senior Planner Tom Hughes, Chief -Park Ops. & Maint.- S. District Karen Kohn, Supervisor —Administrative Services Stephanie Mackey, Business Development Rep. Matt Pardy, Park Supervisor Melissa Prowse, Supervisor of Planning Desiree Stanfield, Supervisor -Comm. & Marketing Jody Hall, Financial Attorney - Corp. Counsel Jeff Phelps, Parks and Rec. Fiscal Coordinator Andy Krumwiede, Buyer II Paul Zachos, Property Management Specialist Moved by Mr. Scott, supported by Mr. Fowkes to approve the agenda with the following change: • Remove Item 9D under Regular Agenda - Proposed Waterford Oaks Greenhouse Lease with Recovery Park AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. 5 APPROVAL OF MINUTES: Moved by Mrs. Long, supported by Mr. Baumhart to approve the minutes of the OCPR Regular Commission Meeting of February 10, 2015, with the following change: • Under New Business, change the date of the event at Beaudette Park in Pontiac from February 14, 2015 to June 6, 2015. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. PUBLIC COMMENTS: There were no comments from the public. PRESENTATIONS/INTRODUCTIONS: Presentation - 2015 Michiqan Recreation and Parks Association (MRPA) Awards Supervisor of Communications and Marketing Desiree Stanfield presented the Commission with the 2015 MRPA awards Oakland County Parks and Recreation received at the 2015 MRPA Trade Show and Conference in February. The awards received include: 1. State Elected Official: Ruth Johnson, Michigan Secretary of State (OCPR Nomination) 2. Commitment to Excellence Award: Daniel Stencil 3. New Professional: Matt Pardy 4. Marketing Award Media Advocate: Lisa LaGrou, Oakland County Moms 5. Marketing Award Best Video: Dixie Gully Run 6. Programmy Outreach Partnership: Recreation Assistance Partnership Program 7. Programmy Health/Wellness Program: River Walk at Red Oaks Waterpark Introduction Staff introduced Andy Krumwiede, Buyer, from Oakland County Purchasing. Andy is the Oakland County Purchasing Buyer recently assigned to Parks and Recreation to assist with the purchasing process including bids and RFP's. Andy advised he will be attending the OCPR Commission meetings to be kept apprised of the purchasing activity at Parks and Recreation. CONSENT AGENDA: All items are considered to be routine by the OCPR Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commission member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Moved by Mrs. Long, supported by Mr. Kostin to remove Items 8 E FY 2015 CIP Schedule Update, and 8 F FY 2015 Non-CIP Maintenance Projects Update, and approve Items 8 A-D and Items 8 G-K under the Consent Agenda as follows: 8A. OCPR Monthly Revenue and Expenditure Budaet to Actual Report for Month Endina 01/31/15 (FM 04, FY15) 8B. Monthly Revenue and Expenditure Comparison Report for Month Ending 01/31/15 (FM 04. FY15) 8C. Monthly Revenue and Expenditure Average Comparison Report for Month Endinq 01/31/15 (FM 04, FY15) 8D. Capital Improvement Proiects Budaet to Actual Report & Statement of Net Position For Month Endina 01/31/15 (FM 04, FY15) 8G. 1 st Quarter Contributions Report 8H. 1st Quarter Temporary Use Permit Report 81. 1 st Quarter Sponsorship Report 8J. 1st Quarter Purchasina Report 8K. Budaet Amendment — Allocation of FY2015 Salaries and Frinqe Budget - Based on FY2014 Actual Data AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. 8E. FY 2015 CIP Schedule Update — As the Waterford Oaks/Springfield Oaks Greenhouse Operation Lease item was removed from the agenda — this item should be removed from the CIP Maintenance Projects Schedule, and the Red Oaks Nature Center Parking lot is being postponed until details can be resolved with the City of Madison Heights. 8 F. FY 2015 Non-CIP Maintenance Proiects Update (for projects under $100,000) — Staff clarified that budgeted amounts listed over $100,000 don't mean that will be the cost of specific projects, but that the budgeted amount could be for multiple projects in multiple parks, i.e. parking lot projects could apply to the cost of parking lot improvements in several parks. Moved by Mr. VanderVeen, supported by Mr. Fowkes to approve 8 E and 8F as modified. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. 7 REGULAR AGENDA: Reschedule June 9, 2015 OCPR Commission Meetinq Moved by Mrs. Long, supported by Mr OCPR Commission meeting date from to Tuesday, June 16, 2015 at 9:00 a.m. Fowkes to reschedule the June 2015 Tuesday, June, 9, 2015 at 2:00 p.m. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. Addison Oaks Telecommunications Tower Site Lease Extension Moved by Mrs. Long, supported by Mr. Baumhart to adopt the following resolution approving the amendment to the License Agreement with SBA Steel, LLC regarding the Communications Tower at Addison Oaks, and forward it to the Oakland County Board of Commissioners for final approval: WHEREAS the Oakland County Parks and Recreation Commission contracted with Sprint Spectrum, LP to construct, own, operate and maintain a communications tower at Addison Oaks County Park (M.R. #04088); and WHEREAS the License Agreement was purchased by SBA Steel LLC on November 13, 2009; and WHEREAS an amendment to the License Agreement has been proposed which would grant an extension for four (4) additional successive terms of five (5) years (20 years total). Upon full execution of the Amendment, SBA shall pay to the Oakland County Parks and Recreation Commission a one-time payment of Five Thousand Dollars ($5,000). Commencing on September 27, 2019, and each anniversary of such date thereafter, Owner's License Fee and Co -Location Fee shall increase three percent (3%). All escalations provided therein shall be in lieu of and not in addition to any escalations currently provided in the Agreement. Total revenue of this lease from September 27, 2019 to September 2043 is $1,197,749; and WHEREAS Corporation Counsel has reviewed and/or prepared all necessary documents related to the Amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve the Amendment to the License Agreement between SBA Steel LLC and the Oakland County Parks and Recreation Commission. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. E. Fiscal 2015 Capital Equipment Purchases: Facilities Maintenance Wood Chipper, Facilities Maintenance Stump Grinder, Independence Oaks Utilitv Vehicle Moved by Mr. Baumhart, supported by Mr. Fowkes to: • Award the bid for a wood chipper to Morbark Incorporated of Winn, Michigan in the amount of $45,255, and • Award the bid for a stump grinder to Morbark Incorporated of Winn, Michigan in the amount of $15,957. • Award the bid to Spartan Distributors Inc., in the amount of $25,260 for the purchase of one (1) Toro Workman utility vehicle. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. Proposed Volunteer Policv Amendment Moved by Mrs. Long, supported by Mr. Sanzica to approve the proposed amendments to the Oakland County Parks and Recreation Volunteer Policy. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. FY 2015 PENDING CIP Proiect Report Staff provided an update on the FY 2015 Pending CIP projects. The Commission asked for further clarification on the roofing projects, specifically the Davis House at Springfield Oaks. The Commission expressed concern about the cost of the roof replacement and also asked staff and Corporation Counsel to research and report back if there are any historic restrictions if any modifications are made to the house. In addition, the Commission requested the Ernst House be removed from this list. Moved by Mrs. Long, supported by Mr. Scott to receive and file this report, as amended with the recommendations from the Commission. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. 9 Proposal to Implement "Swim At Your Own Risk" Proqram at Addison Oaks Moved by Mrs. Long, supported by Mr. Scott to approve the proposal to implement a "Swim At Your Own Risk" Program at Addison Oaks, and allow staff to operate the beach at Addison Oaks without lifeguards during the 2015 operating season. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. Proposed FY 2015 Kev Initiatives The Commission has been discussing establishing OCPRC key initiatives in order to keep everybody moving in a consistent but limited direction, and to focus on what is important. A preliminary list of five (5) potential key initiatives have been identified and were presented at the February 10, 2015 Commission meeting; they are listed below along with additional information: 1. Food Services: Including the contracts for food and beverage and concessions. 2. ORV Proposal: We need to establish a name that more clearly reflects or describes what this is, and what we will be doing to draw the people into the park. 3. Marketing: Need to establish goals of what we want to achieve. A new meeting of the committee will be scheduled before the April 14, 2015 OCPR Commission meeting. 4. County -wide Survey: To be performed by a professional selected by RFP in which the Commission should, as a group, be actively engaged. This would be to determine the residents' wants from Parks and Recreation, and what is best for economic development. 5. Accreditation: This is through the National Recreation and Parks Association (NRPA) and insures policies, plans, and processes are in writing. There are approximately 150 standards that agencies are evaluated on to receive this certification. The advantage for accreditation is sustainability with processes in place for future agency success. This could also be used for promotional and marketing purposes. Staff will bring back additional information on this topic to the April 14, 2015, OCPR Commission meeting. Moved by Mr. McGillivray, supported by Mrs. Long, to receive and file this key initiatives list. AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. STAFF REPORTS: Participation and Program Review FY 2015, Month 04 The Participation and Program Review report for February 2015 was received. 10 Food -Beverage -Golf Committee Update Chief of Business Operations Phil Castonia provided an update on the Food -Beverage -Golf projects including the following items: • Status of Springfield Oaks Food and Beverage Operations with MMD Food Service • Staff held a tour of the Conference Centers at White Lake and Lyon Oaks with Katherine's of Ann Arbor - negotiations are progressing smoothly • The plan is to bring the agreement with Katherine's of Ann Arbor to the OCPR Commission meeting in April for approval Executive Officer Report In addition to the items included in the Executive Officer's Report filed in the agenda, the following information was noted: - Thank you letter from County Executive L. Brooks Patterson for OCPR Staff assistance at 2015 Fire & Ice Festival - Fat Tire Bike activities at Addison Oaks County Park - Update on Oakland Parks Foundation activities - Scheduling 2015 Budget Study Session meetings with OCPR Commission - Michigan Farm Market Association Certification Program at Waterford Oaks - Virtual tour of White Lake Oaks facility at the end of the meeting - Special Park Districts Forum scheduled for June 8-12, 2015 Executive Committee Update Chairman Fisher advised the Commission that the February 24 Executive Committee meeting included a review of the most recent Food & Beverage update and recommendation, the review of the proposed Greenhouse Operation Lease, marketing and the goals for OC Parks, the five key initiatives, and discussion of the March 10, OCPRC agenda items. NEW BUSINESS There was no new business to report OLD BUSINESS Commissioner Long provided an update on the status of the Oakland County Board of Commissioner's appointment to the OCPR Commission. A new OCPR Commissioner will be appointed and will be able to attend the April OCPR Commission meeting. 11 CLOSED SESSION: Moved by Mr. Scott, supported by Mr. VanderVeen to adjourn to a Closed Session for the purpose of discussing possible land acquisition. ROLL CALL VOTE: AYES: Baumhart, Fisher, Fowkes, Kostin, Long, McGillivray, Sanzica, Scott, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. The meeting adjourned to closed session at 3:40 p.m. The meeting reconvened to open session at 4:07 p.m. ADJOURNMENT: Meeting adjourned at 4:07 p.m. John A. Scott, Secretary Vicky Valko, Recording Secretary i.0 APRIL 14, 2015 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA AGENDA ITEM NO. 7 OAKLAND COUNTY MARKET To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Jeremy Brown, Assistant Park Supervisor Submitted: April 7, 2015 Subject: Presentation — Emmett's Energy (Waterford) - Winter Classic BBQ Rib Cook -off Sponsor INTRODUCTION _AND _HISTORY Rick Bray, Manager at Emmett's Energy of Waterford, will be present at the April 14, 2015, OCPR Commission meeting to receive special recognition for their sponsorship of the Winter Classic BBQ Rib Cook -off which was held on March 15, 2015 at the Oakland County Market. Emmett's Energy generously provided $900 in prize money for the top three finishers. Since 1979, Emmett's Energy has been Michigan's leader in high -efficiency and clean -burning gas, wood; electric, corn, and pellet stoves, fireplaces, fireplace inserts, wood burning furnaces, barbecue grills, glass doors, gas logs, patio furnishings, appliances, mantles, one of a kind rustic furniture and much more. 13 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2014 AGENDA ITEM NO. 8 A FACILITIES OPERATIONS AND MAINTENANCE To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Matthew Pardy, Park Supervisor Submitted: March 31, 2015 Subject: Introduction —Assistant Park Supervisor Ryan Danescu INTRODUCTION AND HISTORY Ryan Danescu joins us as a full time Assistant Park Supervisor at Red Oaks County Park. Ryan obtained his Bachelor's Degree in Integrated Studies, with minors in Weliness, Health, and Injury Prevention and Exercise Science from Oakland University. He comes to OCPR after working 13 years seasonally in Aquatics and Parks and Recreation, Ryan worked as a seasonal employee with OCPR at Red Oaks Waterpark, Waterford Oaks Waterpark, and the Fridge Toboggan Run. He has been a Lifeguard, Laborer, and Seasonal Program Specialist. He also worked as a Pool Supervisor at Waterford School's Pool and Fitness Center and as the Aquatics Director at the Farmington Hills YMCA. In his new role, Ryan will report to Matt Pardy, Park Supervisor and will support the operations of Red Oaks County Park, which includes the golf course, nature center, youth soccer complex, dog park and waterpark. Primarily, he will supervise the operations of Red Oaks Waterpark, including staff recruitment, training, hiring, scheduling, and oversight. He will also be in charge of coordinating Oakland County Parks lifeguard training program. 14 ©AKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 147 2015 To: Chairman Fisher and Commission Members AGENDA ITEM NO. 8 B BUSINESS STRATEGY DEVELOPMENT From: Daniel J. Stencil, Executive Officer Jim Dunleavy, Chief of Parks Operations & Maintenance, North District Submitted: March 31, 2015 Subject: Introduction — Independence/Orion Oaks Park Supervisor Donald (DJ) Coffey INTRODUCTION AND HISTORY DJ Coffey joins us as a full time Park Supervisor for Independence Oaks and Orion Oaks. He obtained his Bachelor's Degree in Recreation Leisure Services and Facility Management with a Minor in Business Administration from Central Michigan University. He has 8 years of experience working in a variety of recreation roles that have included park management and operations for the Michigan Department of Natural Resources, recreation programing, event planning and golf course maintenance. In his new role, DJ will report to Jim Dunleavy, Chief of Parks Operations & Maintenance, North District. DJ will be responsible for making the transition from winter operations to summer operations, including the hiring and training of summer staff. DJ will also begin meeting with staff on upcoming events and rental operations. His initial goals will be to understand our current park operations focusing on the maintenance and operation of Independence Oaks and Orion Oaks. 15 It1sI:101,A,I g Lee,L>r11,1 l i I OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 AGENDA ITEM NO. 9 FISCAL SERVICES -- P&R ACCOUNTING To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Brian Menghini, Fiscal Services Supervisor II Jeffrey Phelps, Fiscal Services Coordinator Submitted: March 17, 2015 Subject: Consent Agenda — OCPR Monthly Financial Reports 9. A. REVENUE AND EXPENDITURE BUDGET TO ACTUAL REPORT February, 2015 (FM 5, FY 2015) 9. B. REVENUE AND EXPENDITURE COMPARISON REPORT February, 2015 (FM 5, FY 2015) 9. C. REVENUE AND EXPENDITURE AVERAGE COMPARISON REPORT February, 2015 (FM 5, FY 2015) 9. D. CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL REPORT AND STATEMENT OF NET POSITION February, 2015 (FM 5, FY 2015) 16 Item # 9 A OAKLAND COUNTY PARKS AND RECREATION COMMISSION REVENUE AND EXPENDITURE BUDGET TO ACTUAL REPORT FM5FY2015 (FOR MONTH ENDING 2/28115) 2015 YEAR TO (OVER), % OF REVENUE BUDGET DATE UNDER BUDGET BUDGET ADMINISTRATIVE SERVICES: Millage Tax $11,702,000,00 $9,319,423.32 $2,382,576.68 79.6% Other 255,525.D0 54,267A 2 201,257.88 21.2% GLEN OAKS GOLF COURSE W2,000.00 32,446,46 779,553.54 4.0 % LYON OAKS GOLF COURSE 1,219,500,00 76,921.04 1,142,578.96 6,3% RED OAKS GOLF COURSE 336,700,00 17,002.7E 319,697,22 5.0 % SPRINGFIELD OAKS GOLF COURSE 681,654.00 34,142AI 647,511.39 5.0% WHITE LAKE OAKS GOLF COURSE 764,12B.00 37,351.01 726,776,99 4.9% ADDISON OAKS CONFERENCE CENTER 130,000,00 39.312.90 90.687.10 30.2% GLEN OAKS CONFERENCE CENTER 200,000,00 42,150A5 157,849.55 21.1 % GROVELAND OAKS CONCESSIONS 91,500.00 0.00 9i,500.D0 0.0% LYON OAKS CONFERENCE CENTER 110,000.00 21.766,88 88,233.12 19.8% RED OAKS WATERPARK CONCESSIONS 225,500,00 0.00 225,500,00 0,0 % SPRINGFIELD OAKS CONCESSION 12,000,00 0,00 12,000,00 0.01/6 WATERFORD OAKS WATERPARK CONCESSIONS 140,500.00 0.00 140,500.00 0.0% WHITE LAKE OAKS CONFERENCE CENTER 55,000.00 11,562.62 43,437.38 21.0 % OAKLAND COUNTY MARKET 195,200.00 36,874.99 158,325.01 18.9% ADDISON OAKS PARK 542,516,00 107,181.24 435,334.76 19.8 % GROVELAND OAKS PARK 778,150A0 41,048.70 737,101.30 5.3% HIGHLAND OAKS PARK 9,930.00 3,119.00 6,811,00 31.4% INDEPENDENCE OAKS PARK 349,028.00 68,113.87 280,914A3 19.5% LYON OAKS PARK 165.000.00 23,347.00 141,653.00 14.1% ORION OAKS PARK 167,000.00 77,943.00 89,057.00 467% RED OAKS DOG PARK 47,000.00 10,598.00 36,402.00 22.8% RED OAKS PARK 12.000.00 15,458.50 (3,458.50) 128.8 % ROSE OAKS PARK 3,000.00 0.00 3,000.00 0.0 % SPRINGFIELD OAKS ACTIVITY CENTER/PARK 112,375.00 82,680A0 29,694.60 73.6% WATERFORD OAKS ACTIVITY CENTERIPARK 77,405.00 33,644.93 43.760.07 43.5% RECREATION PROGRAMS & SERVICES 277,000.00 73,D05.34 203,994.66 26,4% CATALPA OAKS PARK 6,000.00 1,171,00 6,829.00 14.6% RED OAKS WATERPARK 1,052,650,00 450,01 1.052,199.99 0.0% WATERFORD OAKS BMX 17,500.00 1,033,00 16,467.00 5.9% WATERFORD OAKS WATERPARK 647,900,00 450.00 647,450.00 0.1 % CAPITAL IMPROVEMENT 4,439,059.00 0.00 4,439,059.00 0.0% TOTAL REVENUE $25.036,720.00 $10,262,466,17 $15,374,253.83 40,0 % EXPENDITURE ADMINISTRATIVE SERVICES $14.970,006.00 $2,158,330.95 $12,811 675.05 14.4 % FISCAL SERVICES ADMINISTRATION 0.00 53,310.98 (53,310,98) NIA FISCAL SERVICES PARKS & RED 0,00 B2,290.68 (82,290.88) NIA GLEN OAKS GOLF COURSE 394,810.00 202,500.88 192,309.12 51.3% LYON OAKS GOLF COURSE 900,617.00 384,131.06 516,485.94 42.7% RED OAKS GOLF COURSE 353,420.00 188,015.25 165,404.75 53.2 % SPRINGFIELD OAKS GOLF COURSE 348,220,00 211,750.65 136,469.35 60.8% WHITE LAKE OAKS GOLF COURSE 410,550,00 216,383.33 194,166.87 52.7% ADDISON OAKS CONFERENCE CENTER 145,360,00 65,556.30 79.803.70 45.1 % GLEN OAKS CONFERENCE CENTER 139,000.00 96,240.85 42,759.15 69.2 % GROVELAND OAKS CONCESSIONS 105,425,00 696,36 104,728.64 0.7% LYON OAKS CONFERENCE CENTER 174,900,00 91,669.55 83,230.45 52.4% RED OAKS WATERPARK CONCESSIONS 210,700.00 629.59 210,070.41 0.3% SPRINGFIELD OAKS CONCESSION 20,700.00 12,827.53 7,872A7 62.0% WATERFORD OAKS CONCESSIONS 159,175.00 727,53 158,447.47 0.5 % WHITE LAKE OAKS CONFERENCE CENTER 136,600,00 61,991,62 74,608.38 45.4% OAKLAND COUNTY MARKET 103.375,00 50,877,96 52,497.04 49.2 % ADDISON OAKS PARK 838,405,00 420.726.32 417,678.68 50.2% GROVELAND OAKS PARK 725,700.00 289,755.00 435,945.00 39.9% HIGHLAND OAKS PARK 38,030.00 21,670,58 16,359,42 57.0% INDEPENDENCE OAKS PARK 559,450.00 413,376.08 146,073.92 73.9% LYON OAKS PARK 209.400.00 125,973.9E 83,426.02 60,21/6 ORION OAKS PARK 92,195.00 49,196.39 42,996.61 53.4% RED OAKS DOG PARK 34,000.00 23,808.49 10,191,51 70.0 % RED OAKS PARK 99,730.00 37,367.75 62,362.25 37.5% ROSE OAKS PARK 36,050.00 14,451.40 21,598.60 40.1% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 273,900.00 164,006.06 109.893.94 59.9% WATERFORD OAKS ACTIVITY CENTER/PARK 486,910.00 314,826.28 172,083.72 64.7% RECREATION PROGRAMS & SERVICES 491,332.00 519,082.56 (27,750.56) 105.0 % CATALPA OAKS PARK 81,500,00 36,291.96 45,208.04 44.5% RED OAKS WATERPARK 719,030.00 247.916.53 471,113.47 34.5% WATERFORD OAKS BMX 23,030.00 8,262.11 14,767.89 35.9% WATERFORD OAKS WATERPARK 553,100.00 15B4O93.28 395,006.72 28.6 % FACILITIES & MAINTENANCE 1,702,100.00 453,047.21 1,249,052,79 26.6% INTERNAL FUND CHARGES` 100,000.00 75,902.88 24.097.12 NIA TOTAL EXPENDITURE $25,636,720.00 $7,251,686A3 $18.385,033.87 28.3% REVENUE OVERI(UNDER) EXPENDITURE $0.00 3,010,780.04 8,122,567.70 2015 201� 2013 2012 ACTUAL REVENUE TO DATE: 40.0 %% 40.3% 42.21/6 50AI/6 BUDGET BALANCE: 60.01A 593% 57.8% 49.6% ACTUAL EXPENDITURE TO DATE: 28.3% 26.9% 29.2% 26.8% BUDGET BALANCE 71.7% 73.1% 70,8% 7321h 17 'INTERNAL FUND YTD FIGURE: INTERNAL SERVICE AND OTHER FUNDS PAYMENTS IN TRANSIT Item # 9 B OAKLAND COUNTY PARKS AND RECREATION COMMISSION REVENUE AND EXPENDITURE COMPARISON REPORT FM 5 FY 2016 (FOR MONTH ENDING 2/28/15) YEAR TO DATE YEAR TO DATE REVENUE OVER PARK REVENUE EXPENDITURE (UNDER) EXP. ADMINISTRATIVE SERVICES: ADMINISTRATIVE SERVICES (Inc. Tax Revenue) $9,373,690.44 $2,158,330.95 $7,215,359.49 FISCAL SERVICES ADMINISTRATION 0.00 53,310.98 (53,310.98) FISCAL SERVICES PARKS & REC 0.00 82,290.88 j82,290_88) ADMINISTRATIVE SERVICES SUB -TOTAL 9,373,690.44 2,293,932.81 7, 79,757,63 GOLF: GLEN OAKS GOLF COURSE 32,446A6 202,500.88 (170,054.42) LYON OAKS GOLF COURSE 76,921.04 384,131.06 (307,210,02) RED OAKS GOLF COURSE 17,002.78 188,015.25 (171,012.47) SPRINGFIELD OAKS GOLF COURSE 34,142.61 211,750.65 (177,608.04) WHITE LAKE OAKS GOLF COURSE 37,351.01 216,383.33 179,032.32 GOLF SUB -TOTAL 197,863.90 1,202,781.17 (1,004,917.27) FOOD SERVICES: ADDISON OAKS CONFERENCE CENTER 39,312.90 65,556.30 (26,243.40) GLEN OAKS CONFERENCE CENTER 42,150.45 96,240.85 (54,090.40) GROVELAND OAKS CONCESSIONS 0.00 696.36 (696.36) LYON OAKS CONFERENCE CENTER 21,766.88 91,669,55 (69,902.67) RED OAKS WATERPARK CONCESSIONS 0.00 629.59 (629.59) SPRINGFIELD OAKS CONCESSION 0.00 12,827.53 (12,827.53) WATERFORD OAKS WATERPARK CONCESSIONS 0.00 727.53 (727.53) WHITE LAKE OAKS CONFERENCE CENTER 11,562.62 61,991.62 �50,429.00) FOOD SERVICE SUB -TOTAL 114,792.85 330,339.33 ( 15,546,48) COUNTY MARKET: OAKLAND COUNTY MARKET 36,874.99 50,877.96 14,002.97) COUNTY MARKET SUB -TOTAL 36,874A9 50,877.96 14,002A7) PARKS: ADDISON OAKS PARK 107,181.24 420,726.32 (313,545,08) GROVELAND OAKS PARK 41,048,70 289,765.00 (248,706.30) HIGHLAND OAKS PARK 3,119.00 21,670,58 (18,551.58) INDEPENDENCE OAKS PARK 68,113.87 413,376.08 (345,262.21) LYON OAKS PARK 23,347.00 125,973.98 (102,626.98) ORION OAKS PARK 77,943.00 49,196.39 28,746.61 RED OAKS DOG PARK 10,598.00 23,808.49 (13,210.49) RED OAKS PARK 15,458.50 37.367.75 (21,909.25) ROSE OAKS PARK 0.00 14,451.40 (14,451.40) SPRINGFIELD OAKS ACTIVITY CENTER/PARK 82,680.40 164,006.06 (81,325.66) WATERFORD OAKS ACTIVITY CENTER/PARK 33,644,93 314,826.28 (281,181.35) PARKS SUB -TOTAL 463,134.64 1,875,158.33 (1,412,023.69) RECREATION: RECREATION PROGRAMS & SERVICES 73,005.34 519,082.56 (446,077.22) CATALPA OAKS PARK 1,171.00 36,291.96 (35,120.96) RED OAKS WATERPARK 450.01 247,916.53 (247,466.52) WATERFORD OAKS BMX 1,033.00 8,262.11 (7,229.11) WATERFORD OAKS WATERPARK 450.00 158,093.28 157,643.28 RECREATION SUB -TOTAL 76,109.35 969,646.44 969,196.44 FACILITIES & MAINTENANCE: FACILITIES & MAINTENANCE 0.00 453,047.21 (453,047.21 FACILITIES & MAINTENANCE SUB -TOTAL 0.00 453,047.21 (453:047.21 CAPITAL IMPROVEMENT 0.00 0.00 0.00 INTERNAL FUND CHARGES' 0.00 75,902.88 (75,902.88) TOTAL $10,262,466.17 $7.251,686.13 $3,010,780.04 `INTERNAL FUND YTD FIGURE: INTERNAL SERVICE AND OTHER FUNDS PAYMENTS IN TRANSIT, See the Oakland County website's "Transparency in Government -Monthly Financials" to view the latest monthly Financial Statement detail by each departments' budget units: 1_ Log on towww.oakoov.com/rncitbud/fiscal/Pacies/infai)ub/parks.asE)) 2. Click on each of the Parks and Recreation monthly financial reports you are interested in viewing 18 Item # 9 C Oakland County Parks and Recreation Commission Monthly Average Comparison Report (Comparison of FY 2015 Actuals with 5-Year Average Actuals) As of February 28, 2015 FY2015Amended I October November 1 December I January i February March April I May June I JUIV I August I September I YEAR TO DATE REVENUgS: 5-YEAR AVERAGE REVENUE ' $265,938 $147,916,. $1,551,5141 i $5J 76,8321 53,195ANI $2,350,117 $1,272,604I $1,167,743I $1,440,3341 $1,849,794 $1,411,210I $1,458,816J Percentage of Total 1.24% 0.69%11 7.22941 U.02%I 14.88%I 10.949� 5.92%I 5.43°% 6.70% &61%I 6.57%I 6.79,I I FY2015 Amended Budget/Alottment $ 21,280,361 $263,328 $146,4641 $1,536,285 $5,324,056r $3,167,0921 $2,327,049 $1,260,113 $1,156,291 $1,426,197 $1,831,638 $1,397,358' $1,444,497 $21,280,361 FY2015 Planned Use of Fund Balance $ 4,346.291 FY 2015 Amended Budget $ 25,629,662 I' FY 2015 Actuals $339,9201 $178,7771' $9 AZC, $5,818,1341 ,!?80,$30 $10,262,466 Avg. Monthly Revenue over/(Under) _ I I $76S92I I $32,3731 ($590,859)I $494,0771 ($1.86,882)I I 1 ($174,759) EXPENSES: I I _ 5-YEAR%&VERAGE EXPENSE $1,309,496 $1,246,494, $1,558,686J $1,263,1491 $1,201,2941 $1,667,109 $1,442,462 $1,9 758 $2,463,1281 $2,356,964) $2,169,5* $2,466,316 Percentage of Total &20%1 5.90%1 7. 1 5.98%I 5.69%I 7.894 6.83% 3894 11.66%1 11.16%1 10.2* 1L6 FY2025 Amended Budget/Alottment $ 25,926,652 $1,588,3491 $1,511,9421 $1,890,6181 $1,532,145r $1,457,1171 $2,022,130 $2,749,643 $2,404,999 $2,987,6671 $2,858,8941 $2,631,614i $2,991,5341 FY 2015 Actuals $1,508,5781 $1,306,7411 $1.628,0701 $1,488,5091 $1,819,787I I I $7,251,686 Avg. Monthly Expenses (Over)/Under $79,7711 $205,2011 $262,5481 $43,636 f $137,3301 $728,485 I 1 i Total Avg Monthly Favorability/(UMavorability) $156,3621 $237,5141 ($328,312)1 $537,713 &%552)l i I $553,725 IAccualRevenueOver/(Under) Expenses J 1 ($1,166,668)1 ($1,127,964)1 ($692,M)j $4,329,625(--,t-A $01 Sol $01 $01 $ol $01 SDI _ $3,0101710I 1Unrestricted Net Position: 9/30/14$25,850,676.27 I $ 24,682,018 S 23„5i4AS4 9 22,906,562 S 27,236,187 S 29.896.609 19 Parks and Recreation Commission ACTIVE CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL EXPENSE REPORT (as of March 19, 2015) Praject 10 Description Project Category Start Date Last Transaction Estimated Completion jjj Date Date 100000002094 ACC Architectural Improvements Customer5ervice 11/6/2014 3/17/2015 9/30/2015 1 100000001959 ACC Energy Management Upgrade Health and Safety 5/28/2014 3/6/2015 12/31/2014 100000002084 ACC Kitchen Storage Facility Regulatory 10/30/2014 10/30/2014 9/30/2016 100000002115 ACC Water Heater Replacement Efficiency/Operational Savings 1/20/2015 1/20/2015 6/30/2015 1000DO002145 ADD Beach Conc Roofing Health and Safety 2/23/2015 2/23/2015 9/30/2015 100000001997 ADD Beach Front Pavilion Roof Health and Safety 8/5/2014 1/31/2015 12/31/2014 1! 100000001963 ADD Boat Launch Accessible Customer Service 5/28/2014 2/28/2015 9/30/2015 100000001945 ADD Campground Pull Thru Sites Revenue Generation 9/12/2013 2/5/2015 9/30/2014 100000002009 ADD Concrete Sidewalks Health and Safety 8/22/2014 8/27/2014 9/30/2015 100000001982 ADD Fishing Docks Customer Service 7/11/2014 2/28/2015 12/31/2014 100000002095 ADD Fuel Tank Replacement Regulatory 11/6/2014 11/6/2014 9/30/2015 100000002117 ADD Maint Bldg Boiler Replace Efficiency/Operational Savings 1/20/2015 1/20/2015 6/30/2015 100000002023 ADD Maintenance Yard Paving Customer Service 9/23/2014 2/26/2015 6/30/2015 100000000604 ADD Pavilion-Cmpgrd Recreation Revenue Generation 9/1/2004 1/31/2015 9/30/2015 10000000214E ADD Sec C Restroom Roofing Health and Safety 2/23/2015 2/23/2015 9/30/2015 100000001968 ADM Energy Mgt Upgrade Health and Safety 6/2/2014 3/6/2015 12/31/2014 100000002018 CAT Energy Management Upgrade Efficiency/Operational Savings 9/23/2014 9/23/2014 6/30/2015 100000001970 GLC Energy Mgt Upgrade Health and Safety 6/2/2014 3/6/2015 12/31/2014 100000001925 GLC Interior Renovations Revenue Generation 7/23/2013 2/19/2015 3/31/2014 10000D001962 GLC Parking Lot Imp Design Regulatory 5/28/2014 3/17/2015 6/30/2015 [� i 1DOOD0001750 GLG Bridge Replacement #13 Health and Safety 12/3/2012 3/17/2015 6/30/2015 100000001964 GLG Drainagelmprov Design Efficiency/Operational Savings 5/28/2014 5/28/2014 6/30/2015 100000001807 GLG HVAC Replacement Efficiency/Operational Savings 5/15/2013 3/6/2015 6/30/2014 100000001847 GLG Irrigation Pond Dredging Efficiency/Operational Savings 9/17/2013 2/5/2015 9/30/2014 300DODOD1914 GLG Irrigation System Repl Des Efficiency/Operational Savings 2/11/2014 2/31/2015 12/31/2015 100900001371 GLG Parking Lot Imp Design Regulatory 6/2/2014 3/17/201S 6/30/2016 100000002147 GRC Beach Conc Roofing Health and Safety 2/23/2015 2/23/2015 9/30/2015 100000002085 GRC Concession Remodeling Revenue Generation 10/30/2014 3/17/2015 9130/2016 100000002024 GRV Asphalt Safety Path Health and Safety 9/23/2014 12/23/2014 12/32/2014 1000D0001927 GRV Campground Utility Imp Des Efficiency/Operational Savings 3/7/2014 3/17/2015 12/31/2018 100000002012 GRV Play Lot Concession Regulatory 8/28/2014 2/27/201S 12/31/2014 1000DO001751 GRV Restroom/Shower Section C Efficiency/Operational Savings 1213/2012 2/19/2015 9/30/2014 100000002148 GRV Sec A Restroom Roofing Health and Safety 2123/2015 2/23/2015 9/30/201S 100000002116 IND Boat House Boiler Replace Efficiency/Operational Savings 1120/2015 1/20/2015 6/30/2015 100000002113 IND Boat Launch Health and Safety 1/16/2015 1/16/2015 12/31/2015 100000001969 IND Energy Mgt Upgrade Health and Safety 6/2/2014 3/6/2015 12/31/2014 100000001960 IND Fishing Dock Replacement Health and Safety 5/28/2014 5/28/2014 6/30/2015 100000002118 IND Maint Bldg Tube Heater Efficiency/Operational savings 1/20/2015 1/20/2015 6/30/2015 100000002011 IND Play Lot Twin Chimneys Regulatory 8/28/2014 2/27/2015 1Z/31/2014 Item # 9 D Budget Expenses to Date Remaining Budget percentage Completion $70,000.00 $4,156.25 $65,843.75 5.94%� $17,500.00 $14,742.26 $2,757.74 84.24% $13,000.00 $0.00 $13,000.00 0.00%1 $14,600.00 $0.00 514,600.00 0.00%' $43,500.00 $0.00 $43,500.00 0.00%1 $20,000.00 $14,588.72 $5,411.28 72.94% $55,000.00 $255.00 $54,745.00 0.46% $248,167.00 $217,607.S9 $30,559.41 87,69% $18,500.00 $18,210.00 $290.00 98.431%' $60,000.00 $1,522.07 $58,477.93 2.54%1 $65,000.00 $0.00 $65,000.00 0.00%1 $10,200.001 $0.00 $10,200.00 0.00%1 $15,000.001 $5,535.00 $9,465.00 36.90%1 $417,524.00 $319,908.36 $97,615.64 76.62%1 $17,900.00 $0.00 $17,900.00 0.00%' $13,750.00 $9,905.40 $3,844.60 72.04%1 $13,900,00 $0.00 $13,900A0 0.001%1 $19,500.00 $9,027.10 $11,472.90 41.16%1 $577,404.00 $463,681.30 $113,722.70 80.30%1 $27,500.00 $13,577.60 $13,922.40 49.37%1 $232,907.00) $112,30L90 $120,605.10 48.22%1 $18,000.00 $0.00 $18,000.00 0,00%1 $290,939.00 $263A44.94 $27,494.06 90.55%' $296,a00.00 $292,838.72 $3,161.28 98.93%1 $1a8,125.00 $82,034.23 $26,090.77 75.87%1 $27,500.00 $13,577.59 $13,922.41 49.37%1 $36,800.00 $0.00 $36,800.00 0.009%1 $20,000.00 $6,626.98 $13,373.02 33.13%1 $45,000.00 $45,418.00 ($418.00) 100.93%1 $42,500.001 $47,976.93 ($5,476.93) 112.89% $250,000.001 $247,450.90 $2,549.10 98,98% $613,975.00 $590,190,41 $23,784.59 96A3%1 $14,300.00 $0.D0 $14,300.00 0.00%1 $12,000.00 $0.00 $12,000.00 0.00%1 $60,000.00 $0.00 $60,000.00 0.001/81 $14,25a.00 $5,876.10 $8,373.90 41.24%1 $35,000.00 $0.00 $35,a00.00 0.00%1 $8,800.00 $0.00 $8,800.00 0.00% $39,000.00 $36,012.01 $2,987.99 92.34% A Parks and Recreation Commission ACTIVE CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL EXPENSE REPORT (as of March 19, 2015) Item # 9 D Project ID Description Project Category Start Date Last Transaction Estimated Completion Budget Expenses to Date Remaining Budget Percentage Date Date Completion 100000001891 IND Upper Bush BdwlkTrlPhsll Health and Safety 11/15/2013 11/24/2014 3/31/2015 $150,000.00 $34,114.45 $115,885.55 22.74% 100000001966 IND Wood Burning Unit Efficiency/Operational Savings 5/29/2014 3/6/2015 9/30/2014 $48,500.00 $64,247.35 ($15,747.35) 132.47% 100000002151 LYC Parking Lot Replacement Customer Service 2/23/2015 2/23/2015 9/30/2016 $12,000.00 $0.00 $12,000.00 0.00% 100000002005 LYC Sidewalk Replacement Health and Safety 8/21/2014 1/31/2015 12/31/2014 $30,000.00 $16,308.00 $13,692.00 54.36% 100000002021 LYG Boardwalk Replacement Health and Safety 9/23/2014 2/28/2015 3/31/2015 $25,000.00 $23,179.73 $1,820.27 92.72% 100000002152 LYG Parking Lot Replacement Customer Service 2/23/2015 2/23/2015 9/30/2016 $12,000.00 $0.00 $12,000.00 0.00% 100000001998 LYG Pumphouse Roofing Health and Safety 8/5/2014 1/31/201S 12/31/2014 $15,000.00 $6,388.69 $8,611.31 42.59% 100000001753 LYP Pavilion Small Dog Park Customer Service 12/3/2012 9/5/2014 12/31/2017 $40,000.00 $28,254.00 $11,746.00 70.64% 100000000983 LYP West Norton Drain Bridge Regulatory 1/2/2007 1/16/2015 9/30/2013 $40,000.00 $51,498.40 ($11,498.40) 128.75% 100000002008 ORN Dog Park Concrete Sidewalk Health and Safety 8/22/2014 8/27/2014 9/30/2015 $5,238.00 $4,968.00 $270.00 94.85% 100000001499 RDD Stormwater Reclaimation Efficiency/Operational Savings 4/28/2011 1/24/2014 9/30/2017 $70,000.00 $20,982.52 $49,017.48 29.98% 100000002129 RDG Golf Netting Health and Safety 2/4/2015 2/4/2015 3/31/2015 $15,000.00 $0.00 $15,000.00 0.00% 100000002088 RDG LED Entrance Sign Revenue Generation 10/30/2014 10/30/2014 9/30/2015 $30,000.00 $0.00 $30,000.00 0.00% 100000001498 RDG Stormwater Reclaimation Efficiency/Operational Savings 4/28/2011 1/24/2014 9/30/2015 $70,000.00 $19,818.59 $50,181.41 28.31% 100000002019 RDP Energy Management Upgrade Efficiency/Operational Savings 9/23/2014 9/23/2014 6/30/201S $14,450.00 $0.00 $14,450.00 0.00% 100000002089 RDP LED Entrance Sign Revenue Generation 10/30/2014 11/6/2014 9/30/2015 $30,000.00 $0.00 $30,000.00 0.00% 100000001961 RDP Parking Lot Exp Design Customer Service 5/28/2014 3/6/2015 6/30/2016 $50,000.00 $31,625.50 $18,374.50 63.25% 100000002025 RDP Removable Raised Flooring Revenue Generation 9/23/2014 12/18/2014 12/31/2015 $45,355.00 $41,210.00 $4,145.00 90.86% 100000002022 RSE Boardwalk North Connector Customer Service 9/23/2014 3/12/2015 3/31/201S $160,000.00 $104,750.25 $55,249.75 65.47% 100000002087 RWC Concession Remodeling Revenue Generation 10/30/2014 3/6/2015 9/30/2015 $30,000.00 $8,641.15 $21,358.85 28.80% 100000001957 RWP Entrance Shade Structure Customer Service 5/28/2014 5/28/2014 12/31/2014 $48,859.42 $0.00 $48,859.42 0.00% 100000002079 RWP River Pumphouse Restroom Customer Service 10/21/2014 10/21/2014 9/30/2016 $12,000.00 $0.00 $12,000.00 0.00% 100000001958 RWP Shade 5truct Kiddie Area Efficiency/Operational Savings 5/28/2014 5/28/2014 9/30/2014 $80,209.80 $0.00 $80,209.80 0.00% 100000001819 SAC Ellis Barn Improvements Regulatory 6/5/2013 11/7/2014 9/30/2014 $643,056.00 $591,987.77 $51,068.23 92.06% 10000000196E SAC Horse Barn Bldg K Design Customer Service 5/28/2014 2/5/2015 9/30/2015 $20,000.00 $16,046.45 $3,953.55 80.23% 100000002085 SPC Concession Remodeling Revenue Generation 10/30/2014 10/31/2014 9/30/2016 $20,000.00 $1,126.00 $18,874.00 5.63% 100000001999 SPC Concession Roofing Health and Safety 8/5/2014 2/19/2015 12/31/2014 $65,000.00 $48,558.42 $16,441.58 74.71% 100000001916 SPG Irrigation Sys Rep] Des Efficiency/Operational Savings 2/11/2014 1/31/2015 12/31/2015 $116,869.00 $86,264.78 $30,604.22 73.81% 100000002114 SPG Rental House Furnace Efficiency/Operational Savings 1/20/2015 1/20/2015 6/30/2015 $9,300.00 $0.00 $9,300.00 0.00% 100000001938 WCM LED Entrance Sign Efficiency/Operational Savings 3/24/2014 3/12/2015 9/30/2014 $40,000.00 $37,757.80 $2,242.20 94.39% 100000002020 WLC Energy Management Upgrade Efficiency/Operational Savings 9/23/2014 9/23/2014 6/30/2015 $18,200.00 $0.00 $18,200.00 0.00% 100000002149 WLC N Parking Lot Improvement Customer Service 2/23/2015 2/23/2015 9/30/2016 $15,000.00 $0.00 $15,000.00 0.00% 100000002153 WLC 5 Parking Lot Repaving Customer Service 2/23/2015 2/23/2015 9/30/2015 $40,000.00 $0.00 $40,000.00 0.00% 100000002130 WLG Golf Netting Health and Safety 2/4/2015 2/4/2015 3/31/2015 $15,000.00 $0.00 $15,000.00 0.00% 100000001915 WLG Irrigation Sys Rep] Des Efficiency/Operational Savings 2/11/2014 1/31/2015 12/31/2015 $179,720.00 $147,250.22 $32,469.78 81.93% 1000000021SO WLG N Parking Lot Improvement Customer Service 2/23/2015 2/23/2015 9/30/2016 $15,000.00 $0.00 $15,000.00 0.00% 100000002154 WLG 5 Parking Lot Repaving Customer Service 2/23/2015 2/23/2015 9/30/2015 $40,000.00 $0.00 $40,000.00 0.00% 100000001757 WTR Dog Park Fence Revenue Generation 12/3/2012 12/3/2012 12/31/2017 $20,000.00 $0.00 $20,000.00 0.00% 100000001756 WTR Dog Park Site Work Revenue Generation 12/3/2012 3/15/2013 12/31/2017 $30,000.00 $4,597.00 $25,403.00 15.329/21 Project ID Description 200000002017 WTR Energy Management Upgrade 100000002013 WTR Expanded Maintenance Yard 100000002080 WWCConcession Remodeling Project Category Efficiency/Operational Savings Efficiency/Operational Savings Revenue Generation Rlustrative Net Position - Unrestricted Operating Reserve FY2015 Capital Equipment FY2015 Planned Use of Balance: Depredation Operating subsidy Total Planned Use of Fund Balance Active CIP Projects -Budget Capital Reserve/Amount Available for Capital Improvement and Capital Equipment Profects Closed in FY2015 100000000867 ORN Pavilion•Dog Park 100000001114 RSE Trail Development 100000001115 RSE Boardwalks -Docks -Overlooks 100000001331 HGH Trail Development -Phase 1 100000001332 HGH Boardwalks -Docks -Overlooks 100000001335 LYP Boardwalks -Docks -Overlooks 100000001752 HGH Parking Lot - Central 100000001826 ACC Interior Renovations 100000001881 ACC Roof Replacement 100000001967 GRV Roadway Putt Putt Light 100000002007 ADDAsphaltTrall 100000002096 ACC Entrance Drive Replacement Total Projects Closed in FY2015 Total Net Position -Unrestricted as of February Z8,2015 (Unaudited) Parks and Recreation Commission Item # 9 D ACTIVE CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL EXPENSE REPORT (as of March 19, 2015) Start Date Last Transaction Estimated Completion Budget Expenses to Date Remaining Budget Percentage Date Date Completion 9/23/2014 9/23/2014 6/30/2015 $13,850.00 $0.00 $13,850.00 0.00% 8/28/2014 8/28/2014 12/31/2014 $15,000.00 $0.00 $15,000.00 0.00% 10/21/2014 3/6/2015 9130/2016 $20,000.00 $11,323.64 $8,676.36 56.620,6 $6,272,648.22 $4,236,364.07 $2,036,284.15 Unrestricted Net Percentage of Position Total $ 5,750,000 19.90% $ 611,881 2.12% $ 3,408,400 $ 937,891 5 4,346,291 15.04% $ 6,272,648 21.711A $ 9,479,02S 32.80% S 251,463 $ 130,309 $ 231,921 $ 135,206 $ 49,926 $ 76,850 $ 182,165 $ 571,917 $ 657,232 $ 19,311 $ 38,216 $ 92,245 5 2,436,761 8,43% $ 28,896,609 100.00% 22 Item # 9 E Commission Approval Schedule for Capital and Maintenance Projects (REVISED March 31, 2015 - Pending and Subject to change) • April, 2015 o Addison Oaks— Kitchen Storage Unit (Conceptual Approval) • May, 2015 o Addison Oaks — Kitchen Storage Unit (Construction Approval) o Catalpa Oaks — Recreation Fields/irrigation Design ($150,000) (Engineering RFP Approval) o Red Oaks Nature Center— Parking Lot ($575,000) (Conceptual Approval) o Red Oaks Water Park — Wave Equipment ($325,000) (Conceptual Approval) o Springfield Oaks Activity Center — 4-H Covered Arena Construction (Bldg. K) ($200,000) (Conceptual Approval) • June, 2015 o Glen Oaks Golf Course & Conference Center — Parking Lot Design ($768,416) (Construction Approval) o Addison Oaks— Maintenance Yard Improvements (Conceptual Approval) • July, 2015 o Springfield Oaks — Water Tower Improvements — Design ($20,000) (Conceptual Approval) o Independence Oaks —Connector Trail — Interlocal Agreement (General Approval) o Red Oaks —Trail Easement Agreement (General Approval) • August, 2015 o Springfield Oaks Activity Center — 4-H Covered Arena Construction (Bldg. K) ($200,000) (Construction Approval) o Red Oaks Water Park— Wave Equipment ($325,000) (Construction Approval) o Independence Oaks — Twin Chimneys Universally Accessible Improvements (Conceptual Approval) • September, 2015 o Addison Oaks — Maintenance Yard Improvements (Construction Approval) o Red Oaks Nature Center— Parking Lot ($575,000) (Construction Approval) • October, 2015 o Lyon Oaks Golf & Conference Center — Parking lot Replacement — Design ($24,000) (Conceptual Approval) 23 Oakland County Parks and Recreation Commission Item # 9 F Maintenance Projects under $100,000 BUDGET TO ACTUAL EXPENSE REPORT (as of March 12, 2015) Cos t Budget dget Expended Variance (Budget [ Center Title Amount Amount Expended) ACC Stucco Repair $ 20,000 $ 20,000 ADM Pavement Maintenance Program* $ 150,000 $ 6,577 $ 143,423 ADM Carpet/Flooring Management Program* $ 150,000 $ 13,473 $ 136,527 ADM Interior/Exterior Painting Program* $ 120,000 $ 41,332 $ 78,668 ADM Window/Door Replacement Program* $ 120,000 $ 25,471 $ 94,529 ADM Tree Planting Program* $ 125,000 $ 125,000 ADM Natural Resource Program* $ 335,000 $ 420 $ 334,580 ADM ADA Transition Program* $ 350,000 $ 1,475 $ 348,525 ADM Electronic Entry Gates - Park -wide study/design $ 30,000 $ 30,000 ADM Dog Park Development - Design $ 27,500 $ 27,500 GLG Exterior Stone Repair $ 10,000 $ 10,000 RWP Operational Signage $ 20,000 $ 20,000 RWP Wave Pool - Structural Assessment/Repair $ 25,000 $ 25,000 Totals $ 1,482,500 $ 88,749 $ 1,393,751 6% *NOTE: Program amount is listed over $100,000, however this covers multiple project locations. 24 3/26/2015 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 147 2015 AGENDA ITEM NO. 9 G ADMINISTRATION To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Phil Castonia, Chief of Business Operations Jeffrey Phelps, Parks and Recreation Fiscal Coordinator Submitted: April 7, 2015 Subject: Revised FY 2015 Vehicle Budget Amendment - Motor Pool Amendment INTRODUCTION AND HISTORY On February 10, 2015, the Parks Commission approved a consent agenda budget amendment for $203,161 to purchase seven replacement vehicles. Prior to the amendment being submitted to the Finance Committee for approval the Central Garage notified Parks and Recreation of updated purchase prices. Subsequently the total cost of the vehicle purchase is $208,852, an increase of $5,691. In addition, the FY2015 Parks budget included funds for this purchase; a transfer from Planned Use of Balance is not required. FISCAL SERVICES RECOMMENDATION The following budget amendment is proposed to transfer funds from Parks and Recreation to the Motor Pool: Original Revised Fund Dept Program Account Fund Aff Amendment Adjustment Amendment Expenses 50800 5060720 160070 788001 Transfer Out - Motor Pool 66100 31,555 785 32,340 50800 5060327 160010 788001 Transfer Out - Motor Pool 66100 24,338 225 24,563 50800 5060715 160070 788001 Transfer Out- Motor Pool 66100 24,338 350 24,688 50800 5060735 160070 788001 Transfer Out- Motor Pool 66100 24,338 350 24,689 50900 5060831 160210 788001 Transfer Out - Motor Pool 66100 31,555 785 32,340 50800 5060330 160010 788001 Transfer Out- Motor Pool 66100 31,555 785 32,340 50800 5060910 160430 788001 Transfer Out - Motor Pool 66100 35,482 2,411 37,893 50800 5060720 160070 776661 Motor Pool (31,555) (785) (32,340) 50800 5060327 160010 776661 Motor Pool (24,339) (225) (24,563) 50800, 5060715 160070 776661 Motor Pool (24,338) (350) (24,688) 50800 5060735 160070 776661 Motor Pool (24,338) (350) (24,688) 50800 5060831 160210 776661 Motor Pool (31,555) (785) (32,340) 50800 5060330 160010 776661 Motor Pool (31,555) (785) (32,340) 50900 5060910 160430 776661 Motor Pool (35,482) (2,411) (37,893) MOTION Move to transfer an additional $5,691 from FY2015 Parks and Recreation budget to the Motor Pool fund to complete the purchase transaction of seven replacement vehicles, bringing the total amount of the vehicle purchase to $208,852. 25 l�'1G dluILIp1weiyigIad � 1ui l�� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA AGENDA ITEM NO. 10 AA BUSINESS DEVELOPMENT To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Supervisor of Planning Submitted: April 7, 2015 Subject: Temporary Use Permit and Request to Sell Alcohol on OCPR Commission Property Oakland County Fair Association— Michigan Antiques Festival - May 1-3, 2015 INTRODUCTION AND HISTORY Attached is a Temporary Use Permit and letter of request to sell alcohol on OCPRC property from the Oakland County Fair Association. Oakland County Fair Association is requesting to host craft beer sales at the Michigan Antiques Festival at Springfield Oaks County Park May 1-3, 2015. The OCPR Commission approved this activity at this event in 2014. The craft beer sales will be in the Miracle of Birth barn. Per OCPR rules, the Oakland County Fair Association will pull the necessary permits and insurance for this type of use, as required by Corporation Counsel and Risk Management. ATTACHMENTS • Letter of Request from Oakland County Fair Association to sell alcohol on OCPRC property • Temporary Use Permit STAFF RECOMMENDATION The staff recommends the Commission approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the Michigan Antiques Festival. MOTION Move to approve 1.) The sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for a craft beer tent at the Michigan Antiques Festival at Springfield Oaks County Park May 1-3, 2015. 26 Oakland County Fair PO Box 365 12451 Andersonville Rd Davisburg, MI 48350 (248) 634-8830 www.oakfair.org Email: info@oakfair.org March 11, 2015 Dear Chairman Fisher and Commissioners: The Oakland County Fair Board would like to request permission from the Oakland County Parks and Recreation Commission to obtain a temporary liquor license for the Michigan Antique and Collectible Festivals to be held at Springfield Oaks County Park two weekends in 2015 - May 1-3 and October 2-4, and for the State Figure 8 Championship on September 12, The sale times would be for the Antique Festival 11 am- 7pm and for the State Figure 8 Championship 5 pm- 12 midnight. We are excited to continue to have such large events at Springfield Oaks. As these events continue to grow we hope it will bring several thousand people to the grounds and the surrounding area businesses, as they establish themselves as annual events here at Springfield Oaks. The sale of craft beer would tie into the local feel and artisan nature of the event. These sales would be a fundraiser for the fair. The commission has previously approved similar alcohol sales to benefit our fair. The Oakland County Fair Board, as in the past, would meet all the insurance and other requires set forth by the commission. We will uphold the high standard of the Oakland County Parks. Please feel free to call or email me with any questions. Thank you, L.C. Scramlin General Manager 27 �AQKLAND COUNTY PARKS Temporary Use Permit The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a Temporary Use Permit ("Permit") to: Name of Entity or Person ("Permittee"): Oakland County 4H Fair Association Address: 12451 Andersonville Road, Davisburg, MI 48350 Contact Person: L.C. Scramlin Telephone Number: 248-634-7899 E-Mail Address: info@oakfair.org For and in Consideration of the issuance of this Permit, the Parties agree to the following terms and conditions: 1. Use of OCPRC Property. Permittee may only use the property described below for the purposes set forth in this Permit. 1.1. Property Location : Springfield Oaks County Park— Livestock Barn (hereinafter collectively "Property"). 1.2. Event/Activity: Beer sales tent at Michigan Antiques Festival. 1.3. Address: 12451 Andersonville Road, Davisburg, MI 48350 1.4. Date(s)/time(s) of use: 11:00 a.m. on Friday, May 1, 2015 through 7 p.m. on Sunday, May 3, 2015. 1.5. Fees: As this activity is part of an existing event, there is no fee for this permit. 1.6. Permittee shall not place any signs or advertisements on the Property without the prior written consent of the OCPRC Executive Officer. 1.7. Permittee shall keep the Property and anything stored thereon, together with any adjoining sidewalks and entrances/exists, in good order and repair and in a clean, safe, and healthful condition. 1.8. Permittee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by the OCPRC Executive Officer. 1.9. Permittee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.10. Permittee shall leave the Property in the same condition that Permittee found it - clean and free of all trash. 2. Permittee Responsibilities. 2.1. Permittee and all persons performing work on behalf of Permittee shall not in any manner hold themselves out to be agents or employees of OCPRC or Oakland County, Michigan ("County"). Page 1 of 1 28 2.2. Permittee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property, including a liquor license for the sale of alcoholic beverages. 3. Liability/Assurances. 3.1. Damage to OCPRC Property. Permittee shall be responsible for any damage to any County or OCPRC property or facility that is caused by Permittee, its employees, agents, invitees, volunteers, or subcontractors or any other persons on the Property because of Permittee's use of the Property. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Permittee shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. 3.2. Damage to Permittee Propertv. Permittee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Permittee's personal property located, kept, or stored on the Property during Permittee's use of the Property. 3.3. Permittee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Permittee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 3.4. Permittee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter any OCPRC or County property. 3.5. Indemnification. Permittee shall indemnify and hold harmless the County of Oakland, it Boards, Commissions, officials, and employees from any and all Claims that are incurred by or asserted against the County by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Permittee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property as a result of Permittee's use of the Property. 3.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 2 of 2 29 3.7. Alcohol Use. BY LAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES ON THE PROPERTY, OAKLAND COUNTY PROPERTY OR OCPRC PROPERTY. Permittee agrees and warrants that there shall be NO SERVICE TO OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER AGE 21. Permittee shall monitor service and consumption of alcoholic beverages at the Event. Permittee specifically acknowledges that it is solely liable for the service and consumption of any alcoholic beverages at the Event and that such liability shall extend to any aspect regarding the service or consumption of alcoholic beverages. 4. Insurance. Permittee shall obtain and maintain insurance according to the specifications set forth in Exhibit A. Exhibit A is incorporated by reference into this Permit. 5. Compliance with Law and Park Rules. Permittee, including its employees, agents, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, the OCPRC Rules and Regulations and the requirements of this Permit. The OCPRC Park Rules and Regulations can be found on the OCPRC website. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Permittee shall not assign or transfer any portion of this Permit without the prior written consent of OCPRC. 7. Waiver. The failure of OCPRC to insist upon strict performance of any covenants or conditions of this Permit or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this Permit shall be deemed to have been waived by OCPRC, unless such waiver is in writing by OCPRC. 8. Amendments. This Permit cannot be modified unless reduced to writing and signed by both Parties. 9. Severability. If any term, covenant, or condition of this Permit or the application thereof to any person or circumstance is deemed to be invalid or unenforceable to any extent, the remainder of this Permit or the application of such term, covenant or condition to persons or circumstances, shall not be affected thereby and each term, covenant or condition of this Permit shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term materially alters the basic intent of the Parties in executing this Permit. 10. Governing Law. This Permit shall be governed, interpreted, and enforced by the laws of the State of Michigan. Page 3 of 3 30 11. Counterparts. This Permit may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument, 12. Entire Agreement. This Permit sets forth all covenants, promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 13. Effective Date. The Effective Date of this Permit shall be the date upon which the last of the Parties listed below has signed the Permit. 14. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein. APPROVED AND AUTHORIZED BY PERMITTEE: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: DATE: SIGNATURE Page 4 of 4 31 EXHIBIT A INSURANCE REQUIREMENTS. Permittee shall provide and maintain, at their own expense, all insurance as set forth below. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. a. Commercial General Liability Insurance: with the following minimum limits: $1,000,000— Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 — Personal & Advertising Injury Limit $1,000,000 — Products/Completed operations $ 10,000 — Medical Expense (Any One Person) $2,000,000 —General Aggregate Limit Commercial General Liability Insurance shall contain the following minimum coverages: • Occurrence Form • Premises/Operations • Personal and Advertising Injury • Independent Contractors • Broad Form Property Damage • (Blanket) Broad Form Contractual (including coverage for obligations assumed in this contract) b. Liquor Legal Liability Insurance: Liquor Liability insurance with a limit of $1,000,000 each occurrence. c. Workers Compensation Insurance: with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. GENERAL INSURANCE PROVISIONS. All certificates of insurance and insurance policies shall contain the following provisions and/or clauses with evidence of same provided to the County of Oakland (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County of Oakland. (2) The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for subrogation, payment of any premiums, deductibles, or assessments under any form of policy. Page 1 of 1 32 (3) Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of the Vendor. (4) All policies must be endorsed to include a written waiver of subrogation in favor of the County of Oakland. (5) All insurance policies, must be endorsed to name as Additional Insured: the County of Oakland and it officers, directors, employees, appointees and commissioners. (6) Permitee shall require their contractors or sub -contractors not protected under the Permittee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required of the Permittee in this Permit. (7) Certificates of insurance must be provided no less than ten (10) days prior to the event and use of the Property stated in Paragraph 1 and must bear evidence of all required endorsements and clauses. (8) All policies of insurance required in this Permit shall be issued by companies that are licensed and approved to do business in Michigan and shall have and maintain a minimum A.M. Best rating of AN or greater. Page 2 of 2 33 l�1sI A W.AW191*6010169 � A I H �� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA '..�'' . .�1.,,,1,... u_..".1-. 6 11-11", .:. .,: —, .1.1 'mom..., ....„1,,,,. ll-I....",. 1..-,� ' I'll i 11-1.e i...W.a APRIL 14, 2014 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Supervisor of Planning Submitted: April 7, 2015 AGENDA ITEM NO. 10 A.-2 BUSINESS DEVELOPMENT Subject: Temporary Use Permit and Request to Sell Alcohol on OCPR Commission Property Oakland County Fair Association - State Figure 8 Championship - September 12, 2015 INTRODUCTION AND HISTORY Attached is a Temporary Use Permit and letter of request to sell alcohol on OCPRC property from the Oakland County Fair Association. The Oakland County Fair Association is requesting to host craft beer sales at the State Figure 8 Championship held at Springfield Oaks County Park on September 12, 2015, The OCPR Commission approved this activity at this event in 2014. Per OCPR rules, the Oakland County Fair Association will pull the necessary permits and insurance for this type of use, as required by Corporation Counsel and Risk Management. ATTACHMENTS • Letter of Request from Oakland County Fair Association to sell alcohol on OCPRC property • Temporary Use Permit STAFF RECOMMENDATION The staff recommends the Commission approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the State Figure 8 Championship. MOTION Move to approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the State Figure 8 Championship at Springfield Oaks on September 12, 2015. 34 Oakland County Fair PO Box 365 12451 Andersonviile Rd Davisburg, MI 48350 (248) 634-8830 www.oakfair.org Email: info@oakfair.org March 11, 2015 Dear Chairman Fisher and Commissioners: The Oakland County Fair Board would like to request permission from the Oakland County Parks and Recreation Commission to obtain a temporary liquor license for the Michigan Antique and Collectible Festivals to be held at Springfield Oaks County Park two weekends in 2015 — May 1-3 and October 2-4, and for the State Figure 8 Championship on September 12. The sale times would be for the Antique Festival 11 am- 7pm and for the State Figure 8 Championship 5 pm-12 midnight. We are excited to continue to have such large events at Springfield Oaks. As these events continue to grow we hope it will bring several thousand people to the grounds and the surrounding area businesses, as they establish themselves as annual events here at Springfield Oaks. The sale of craft beer would tie into the local feel and artisan nature of the event. These sales would be a fundraiser for the fair. The commission has previously approved similar alcohol sales to benefit our fair. The Oakland County Fair Board, as in the past, would meet all the insurance and other requires set forth by the commission. We will uphold the high standard of the Oakland County Parks. Please feel free to call or email me with any questions. Thank you, L.C. Scramlin General Manager 35 0ZA_KLAND COUNTYPARKS Temporary Use Permit The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a Temporary Use Permit ("Permit") to: Name of Entity or Person ("Permittee"): Oakland County 4H Fair Association Address: 12451 Andersonville Road, Davisburg, MI 48350 Contact Person: L.C. Scramlin Telephone Number: 248-634-7899 E-Mail Address: info@oakfair.org For and in Consideration of the issuance of this Permit, the Parties agree to the following terms and conditions: 1. Use of OCPRC Property. Permittee may only use the property described below for the purposes set forth in this Permit. 1.1. Property Location : Springfield Oaks County Park - Upper Arena (hereinafter collectively "Property"). 1.2. Event/Activity: Figure 8 Championship Race event beer tent sales at Springfield Oaks County Park — Upper Arena and arena parking areas. 1.3. Address: 12451 Andersonville Road, Davisburg, MI 48350 1.4. Date(s)/time(s) of use: September 12, 2015, 5 p.m. - midnight 1.5. Fees: There is no fee for this permit. 1.6. Permittee shall not place any signs or advertisements on the Property without the prior written consent of the OCPRC Executive Officer. 1.7. Permittee shall keep the Property and anything stored thereon, together with any adjoining sidewalks and entrances/exists, in good order and repair and in a clean, safe, and healthful condition. 1.8. Permittee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by the OCPRC Executive Officer. 1.9. Permittee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.10. Permittee shall leave the Property in the same condition that Permittee found it - clean and free of all trash. 2. Permittee Responsibilities. 2.1. Permittee and all persons performing work on behalf of Permittee shall not in any manner hold themselves out to be agents or employees of OCPRC or Oakland County, Michigan ("County'). Page 1 of 1 36 2.2. Permittee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property, including a liquor license for the sale of alcoholic beverages. 3. Liability/Assurances. 3.1. Damage to OCPRC Property. Permittee shall be responsible for any damage to any County or OCPRC property or facility that is caused by Permittee, its employees, agents, invitees, volunteers, or subcontractors or any other persons on the Property because of Permittee's use of the Property. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Permittee shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. 3.2. Damage to Permittee Property. Permittee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Permittee's personal property located, kept, or stored on the Property during Permittee's use of the Property. 3.3. Permittee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Permittee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 3.4. Permittee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter any OCPRC or County property. 3.5. Indemnification. Permittee shall indemnify and hold harmless the County of Oakland, it Boards, Commissions, officials, and employees from any and all Claims that are incurred by or asserted against the County by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Permittee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property as a result of Permittee's use of the Property. 3.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 2 of 2 37 3.7. Alcohol Use. BY LAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES ON THE PROPERTY, OAKLAND COUNTY PROPERTY OR OCPRC PROPERTY. Permittee agrees and warrants that there shall be NO SERVICE TO OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER AGE 21. Permittee shall monitor service and consumption of alcoholic beverages at the Event. Permittee specifically acknowledges that it is solely liable for the service and consumption of any alcoholic beverages at the Event and that such liability shall extend to any aspect regarding the service or consumption of alcoholic beverages. 4. Insurance. Permittee shall obtain and maintain insurance according to the specifications set forth in Exhibit A. Exhibit A is incorporated by reference into this Permit. 5. Compliance with Law and Park Rules. Permittee, including its employees, agents, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, the OCPRC Rules and Regulations and the requirements of this Permit. The OCPRC Park Rules and Regulations can be found on the OCPRC website. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Permittee shall not assign or transfer any portion of this Permit without the prior written consent of OCPRC. 7. Waiver. The failure of OCPRC to insist upon strict performance of any covenants or conditions of this Permit or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this Permit shall be deemed to have been waived by OCPRC, unless such waiver is in writing by OCPRC. 8, Amendments. This Permit cannot be modified unless reduced to writing and signed by both Parties. 9. Severability. If any term, covenant, or condition of this Permit or the application thereof to any person or circumstance is deemed to be invalid or unenforceable to any extent, the remainder of this Permit or the application of such term, covenant or condition to persons or circumstances, shall not be affected thereby and each term, covenant or condition of this Permit shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term materially alters the basic intent of the Parties in executing this Permit. 10. Governing Law. This Permit shall be governed, interpreted, and enforced by the laws of the State of Michigan. Page 3 of 3 38 11, Counterparts. This Permit may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 12. Entire Agreement. This Permit sets forth all covenants, promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 13. Effective Date. The Effective Date of this Permit shall be the date upon which the last of the Parties listed below has signed the Permit. 14. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein. APPROVED AND AUTHORIZED BY PERMITfEE: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: DATE: SIGNATURE Page 4 of 4 39 EXHIBIT A INSURANCE REQUIREMENTS. Permittee shall provide and maintain, at their own expense, all insurance as set forth below. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. a. Commercial General Liabilitv Insurance: with the following minimum limits: $1,000,000 — Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 — Personal & Advertising Injury Limit $1,000,000 — Products/Completed operations $ 10,000 — Medical Expense (Any One Person) $2,000,000 —General Aggregate Limit Commercial General Liability Insurance shall contain the following minimum coverages: • Occurrence Form • Premises/Operations • Personal and Advertising Injury • Independent Contractors • Broad Form Property Damage • (Blanket) Broad Form Contractual (including coverage for obligations assumed in this contract) b. Liquor Legal Liabilitv Insurance: Liquor Liability insurance with a limit of $1,000,000 each occurrence. c. Workers Compensation Insurance: with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. GENERAL INSURANCE PROVISIONS. All certificates of insurance and insurance policies shall contain the following provisions and/or clauses with evidence of same provided to the County of Oakland (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County of Oakland. (2) The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for subrogation, payment of any premiums, deductibles, or assessments under any form of policy. Page 1 of 1 40 (3) Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of the Vendor. (4) All policies must be endorsed to include a written waiver of subrogation in favor of the County of Oakland. (5) All insurance policies, must be endorsed to name as Additional Insured: the County of Oakland and it officers, directors, employees, appointees and commissioners. (6) Permitee shall require their contractors or sub -contractors not protected under the Permittee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required of the Permittee in this Permit. (7) Certificates of insurance must be provided no less than ten (10) days prior to the event and use of the Property stated in Paragraph 1 and must bear evidence of all required endorsements and clauses. (8) All policies of insurance required in this Permit shall be issued by companies that are licensed and approved to do business in Michigan and shall have and maintain a minimum A.M. Best rating of AN or greater. Page 2 of 2 41 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA ....,.. -. I, 1 1 mI'll � ".r.'-1 1 .,.. , " 1.1 i. .1 1, .. 11 1) 1. u....,,,.....a,mnr�omuhim.,.e,i u� a u.. I.. I — .,«.. ..I u uem APRIL 14, 2014 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Supervisor of Planning Submitted: April 7, 2015 AGENDA ITEM NO. 10 A,-3 BUSINESS DEVELOPMENT Subject: Temporary Use Permit and Request to Sell Alcohol on OCPR Commission Property Oakland County Fair Association— Michigan Antiques Festival - October 2-4, 2015 INTRODUCTION AND HISTORY Attached is a Temporary Use Permit and letter of request to sell alcohol on OCPRC property from the Oakland County Fair Association. Oakland County Fair Association is requesting to host craft beer sales at the Michigan Antiques Festival at Springfield Oaks County Park October 2-4, 2015. The OCPR Commission approved this activity at this event in 2014. The craft beer sales will be in the Miracle of Birth barn. Per OCPR rules, the Oakland County Fair Association will pull the necessary permits and insurance for this type of use, as required by Corporation Counsel and Risk Management. ATTACHMENTS • Letter of Request from Oakland County Fair Association to sell alcohol on OCPRC property • Temporary Use Permit STAFF RECOMMENDATION The staff recommends the Commission approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the Michigan Antiques Festival. MOTION Move to approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the Michigan Antiques Festival at Springfield Oaks, October 2-4, 2015. 42 Oakland County Fair PO Box 365 12451 Andersonville Rd Davisburg, MI 48350 (248) 634-8830 www.oakfair.org Email: info@oakfair.org March 11, 2015 Dear Chairman Fisher and Commissioners: The Oakland County Fair Board would like to request permission from the Oakland County Parks and Recreation Commission to obtain a temporary liquor license for the Michigan Antique and Collectible Festivals to be held at Springfield Oaks County Park two weekends in 2015 — May 1-3 and October 2-4, and for the State Figure 8 Championship on September 12. The sale times would be for the Antique Festival 11 am- 7pm and for the State Figure 8 Championship 5 pm- 12 midnight. We are excited to continue to have such large events at Springfield Oaks. As these events continue to grow we hope it will bring several thousand people to the grounds and the surrounding area businesses, as they establish themselves as annual events here at Springfield Oaks. The sale of craft beer would tie into the local feel and artisan nature of the event. These sales would be a fundraiser for the fair. The commission has previously approved similar alcohol sales to benefit our fair. The Oakland County Fair Board, as in the past, would meet all the insurance and other requires set forth by the commission. We will uphold the high standard of the Oakland County Parks. Please feel free to call or email me with any questions. Thank you, L.C. Scramlin General Manager 43 „AKLAND COUNTY PARKS Temporary Use Permit D . The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a Temporary Use Permit ("Permit”) to: Name of Entity or Person ("Permittee"): Oakland County 4H Fair Association Address: 12451 Andersonville Road, Davisburg, MI 48350 Contact Person: L.C. Scramlin Telephone Number: 248-634-7899 E-Mail Address: info@oakfair.org For and in Consideration of the issuance of this Permit, the Parties agree to the following terms and conditions: 1. Use of OCPRC Property. Permittee may only use the property described below for the purposes set forth in this Permit. 1.1. Property Location : Springfield Oaks County Park — Livestock Barn (hereinafter collectively "Property"). 1.2. Event/Activity: Beer sales tent at Michigan Antiques Festival. 1.3. Address: 12451 Andersonville Road, Davisburg, MI 48350 1.4. Date(s)/time(s) of use: 11:00 a.m. on Friday, October 2, 2015 through 7 p.m. on Sunday, October 4, 2015. 1.5. Fees: As this activity is part of an existing event, there is no fee for this permit. 1.6. Permittee shall not place any signs or advertisements on the Property without the prior written consent of the OCPRC Executive Officer. 1.7. Permittee shall keep the Property and anything stored thereon, together with any adjoining sidewalks and entrances/exists, in good order and repair and in a clean, safe, and healthful condition. 1.8. Permittee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by the OCPRC Executive Officer. 1.9. Permittee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.10. Permittee shall leave the Property in the same condition that Permittee found it - clean and free of all trash. 2. Permittee Responsibilities. 2.1. Permittee and all persons performing work on behalf of Permittee shall not in any manner hold themselves out to be agents or employees of OCPRC or Oakland County, Michigan ("County"). Page 1 of 1 44 2.2. Permittee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property, including a liquor license for the sale of alcoholic beverages. 3. Liability/Assurances. 3.1. Damage to OCPRC Property. Permittee shall be responsible for any damage to any County or OCPRC property or facility that is caused by Permittee, its employees, agents, invitees, volunteers, or subcontractors or any other persons on the Property because of Permittee's use of the Property. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Permittee shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. 3.2. Damage to Permittee Property. Permittee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Permittee's personal property located, kept, or stored on the Property during Permittee's use of the Property. 3.3. Permittee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Permittee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 3.4. Permittee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter any OCPRC or County property. 3.5. Indemnification. Permittee shall indemnify and hold harmless the County of Oakland, it Boards, Commissions, officials, and employees from any and all Claims that are incurred by or asserted against the County by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Permittee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property as a result of Permittee's use of the Property. 3.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 2 of 2 45 3.7. Alcohol Use. BY LAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES ON THE PROPERTY, OAKLAND COUNTY PROPERTY OR OCPRC PROPERTY. Permittee agrees and warrants that there shall be NO SERVICE TO OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER AGE 21. Permittee shall monitor service and consumption of alcoholic beverages at the Event. Permittee specifically acknowledges that it is solely liable for the service and consumption of any alcoholic beverages at the Event and that such liability shall extend to any aspect regarding the service or consumption of alcoholic beverages. 4. Insurance. Permittee shall obtain and maintain insurance according to the specifications set forth in Exhibit A. Exhibit A is incorporated by reference into this Permit. 5. Compliance with Law and Park Rules. Permittee, including its employees, agents, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, the OCPRC Rules and Regulations and the requirements of this Permit. The OCPRC Park Rules and Regulations can be found on the OCPRC website. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Permittee shall not assign or transfer any portion of this Permit without the prior written consent of OCPRC. 7, Waiver. The failure of OCPRC to insist upon strict performance of any covenants or conditions of this Permit or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this Permit shall be deemed to have been waived by OCPRC, unless such waiver is in writing by OCPRC. 8. Amendments. This Permit cannot be modified unless reduced to writing and signed by both Parties. 9. Severability. If any term, covenant, or condition of this Permit or the application thereof to any person or circumstance is deemed to be invalid or unenforceable to any extent, the remainder of this Permit or the application of such term, covenant or condition to persons or circumstances, shall not be affected thereby and each term, covenant or condition of this Permit shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term materially alters the basic intent of the Parties in executing this Permit. 10. Governing Law. This Permit shall be governed, interpreted, and enforced by the laws of the State of Michigan. Page 3 of 3 46 11. Counterparts, This Permit may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 12. Entire Agreement. This Permit sets forth all covenants, promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 13. Effective Date. The Effective Date of this Permit shall be the date upon which the last of the Parties listed below has signed the Permit. 14. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein, APPROVED AND AUTHORIZED BY PERMITTEE: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: DATE: SIGNATURE Page 4 of 4 47 EXHIBIT A INSURANCE REQUIREMENTS. Permittee shall provide and maintain, at their own expense, all insurance as set forth below. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. a. Commercial General Liability Insurance: with the following minimum limits: $1,000,000 — Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 — Personal & Advertising Injury Limit $1,000,000 — Products/Completed operations $ 10,000 — Medical Expense (Any One Person) $2,000,000 — General Aggregate Limit Commercial General Liability Insurance shall contain the following minimum coverages: • Occurrence Form • Premises/Operations • Personal and Advertising Injury • Independent Contractors • Broad Form Property Damage • (Blanket) Broad Form Contractual (including coverage for obligations assumed in this contract) b. Liquor Legal Liability Insurance: Liquor Liability insurance with a limit of $1,000,000 each occurrence. c. Workers Compensation Insurance: with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. GENERAL INSURANCE PROVISIONS. All certificates of insurance and insurance policies shall contain the following provisions and/or clauses with evidence of same provided to the County of Oakland (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County of Oakland. (2) The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for subrogation, payment of any premiums, deductibles, or assessments under any form of policy. Page 1 of 1 48 (3) Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of the Vendor. (4) All policies must be endorsed to include a written waiver of subrogation in favor of the County of Oakland. (5) All insurance policies, must be endorsed to name as Additional Insured: the County of Oakland and it officers, directors, employees, appointees and commissioners. (6) Permitee shall require their contractors or sub -contractors not protected under the Permittee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required of the Permittee in this Permit. (7) Certificates of insurance must be provided no less than ten (10) days prior to the event and use of the Property stated in Paragraph 1 and must bear evidence of all required endorsements and clauses. (8) All policies of insurance required in this Permit shall be issued by companies that are licensed and approved to do business in Michigan and shall have and maintain a minimum A.M. Best rating of A:V or greater. Page 2 of 2 49 &.AIAft INl11111*001 `lad 1 i I I �� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA ",Il�llll.,..,,,11,1' il",. I,,II,I„,,,, ki.11V.,.11..�1.1�.1.�;I., 111,.�1v. o.".-11.,...11i,-'A'Ava'A IA-11�1, I'll.. 1.111.1.11, iu.,I I .1. I'll21 1,11,11.1 1 ". 1 11, APRIL 14, 2015 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Supervisor of Planning Submitted: April 7, 2015 AGENDA ITEM NO. 10 A,-4 BUSINESS DEVELOPMENT Subject: Temporary Use Permit and Request to sell alcohol on OCPR Commission Property Clarkston SCAMP - Back Roads Half Marathon at Independence Oaks - November 8, 2015 INTRODUCTION AND HISTORY Attached is a Temporary Use Permit and letter of request to sell alcohol on OCPRC property from Clarkston SCAMP. SCAMP is requesting to host a craft beer tent at the Back Roads Half Marathon at Independence Oaks County Park on November 8, 2015. The OCPR Commission approved this activity at this event in 2014. Per OCPR rules, SCAMP will pull the necessary permits and insurance for this type of use, as required by Corporation Counsel and Risk Management. ATTACHMENTS • Letter of Request from SCAMP to sell alcohol on OCPRC property • Temporary Use Permit STAFF RECOMMENDATION The staff recommends the Commission approve both the 1.) Sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for the craft beer tent at the Back Roads Half Marathon. MOTION Move to approve 1.) The sale of alcohol on OCPRC property, and 2.) The corresponding Temporary Use Permit for Clarkston SCAMP for a craft beer tent at the Back Roads Half Marathon at Independence Oaks on November 8, 2015. 50 i:Y !e?�P •.. yid �� .r�::� "A Special Camp far Special. Kidst" E\ECU"CIVE BOARD PREsrnENT Dr. Jeffery Roeser Ciarkstott t" VICE PRESIDENT Dr. Rebecca Runiph Pender Ortonville 2"`t VICE PRESIDENT Honorable Joseph Fabrizio Clarkston TREASURER Derck Werner Glarkstun SECRETARY Chris Cooper Clarkston PAST PRESIDENT Dawn Horner Clarkston BOARD OF DIRECTORS Zac Bell Clarkston Anne Evans Clarkston Rich Glenn Clarkston Beth Kirchner Clarkston Jennifer Krausman Clarkston A[ Ruhn N1aterford Steve Rremer ortonville McIrdu O'Neill-Niui Chtrkston Dr. Rod Rock Davisburg Barb Rush Clarkston Kevin Tompkins Clarkston Mark Verlinden —" Clarkston Sue Welker Wbile Lake Robert Bru-nback Ex Oflicio Nfember Clarkston Kathy Christopher Fat 011ieio Member Clarkston LEGACY FUNDS Robert A. Olsen Family Rumph Family .Jacqui Milzuw Memorial Scholarship Fund The Alexander Foundation In Memory of: Mary wailesen Clarence G, Catttllo, Jr. niane E. Wint Lewis E. Wint Lucien & Angela Melorhe Bryan Bucche Maitake Bryan hrichael Weightman John Elden Bowman STAFF Executive Directur Wendy clufetos ExecuthT Assistant Maddy Ma7mo March 18, 2015 6389 Clarkston Road • Clarkston, Michigan 48346 Phone 248,623,8089 • Fax 248.623.8070 clarkstonscamp.com Chairman Gerald Fisher Oakland County Parks and Recreation Commission 2800 Watkins Lake Road Waterford, MI 48328 Dear Mr. Fisher, North Oakland SCAMP Funding Corporation is requesting permission to sell alcohol at Independence Oaks County Park located at 9501 Sashabaw Road, Clarkston, MI 48346. The liquor license will be for November 8, 2016 beginning at 9:30 a.m. for the Clarkston State Bank Back Roads Half Marathon and 1OK. This event was held at Independence Oaks last year without incident and was a great success. North Oakland SCAMP Funding Corporation is a 501(c)(3) organization that provides funding for Clarkston SCAMP which is a 5-week summer day camp for children and young adult with special needs. The 31d Annual Clarkston State Bank Marathon will be donating a portion of the proceeds to benefit Clarkston SCAMP, Thank you for your consideration, Wendy Clufetos Executive Director Clarkston SCAMP North Oakland SCAMP Funding Corporation Mission Statement: 'To provide funding and guidance for Clarkston SCAMP, a unique summer program offering fun social and recreational opportunities for children and young adults with disabilities." 51 -AKLAND COUNTY PARKS Temporary Use Permit D _ The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a Temporary Use Permit ("Permit") to: Name of Entity or Person ("Permittee"): Clarkston SCAMP Address: 6389 Clarkston Road, Clarkston, M148346 Contact Person: Wendy Clufetos Telephone Number: 248-623-8089 E-Mail Address: waclufetos@clarkston.kl2.mi.us For and in Consideration of the issuance of this Permit, the Parties agree to the following terms and conditions: 1. Use of OCPRC Property. Permittee may only use the property described below for the purposes set forth in this Permit. 1.1. Property Location : Independence Oaks County Park (hereinafter collectively "Property"). 1.2. Event/Activity: Beer tent sales as part of the Clarkston State Bank Back Roads Half Marathon. 1.3. Address: 9501 Sashabaw Road, Clarkston, MI 48348 1.4. Date(s)/time(s) of use: November 8, 2015, 7 a.m. — 7 p.m. 1.5. Fees: There is no fee for this use as it is in conjunction with an existing event. 1.6. Permittee shall not place any signs or advertisements on the Property without the prior written consent of the OCPRC Executive Officer. 1.7. Permittee shall keep the Property and anything stored thereon, together with any adjoining sidewalks and entrances/exists, in good order and repair and in a clean, safe, and healthful condition. 1.8. Permittee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by the OCPRC Executive Officer. 1.9. Permittee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.10. Permittee shall leave the Property in the same condition that Permittee found it - clean and free of all trash. 2. Permittee Responsibilities. 2.1. Permittee and all persons performing work on behalf of Permittee shall not in any manner hold themselves out to be agents or employees of OCPRC or Oakland County, Michigan ("County"). Page 1 of 4 52 2.2. Permittee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property, including a liquor license for the sale of alcoholic beverages. 3. Liability/Assurances. 3.1. Damage to OCPRC Property. Permittee shall be responsible for any damage to any County or OCPRC property or facility that is caused by Permittee, its employees, agents, invitees, volunteers, or subcontractors or any other persons on the Property because of Permittee's use of the Property. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Permittee shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. 3.2. Damage to Permittee Property. Permittee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Permittee's personal property located, kept, or stored on the Property during Permittee's use of the Property. 3.3. Permittee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Permittee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 3.4. Permittee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter any OCPRC or County property. 3.5. Indemnification. Permittee shall indemnify and hold harmless the County of Oakland, it Boards, Commissions, officials, and employees from any and all Claims that are incurred by or asserted against the County by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Permittee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property as a result of Permittee's use of the Property. 3.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 2 of 4 53 3.7. Alcohol Use. BY LAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES ON THE PROPERTY, OAKLAND COUNTY PROPERTY OR OCPRC PROPERTY. Permittee agrees and warrants that there shall be NO SERVICE TO OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER AGE 21. Permittee shall monitor service and consumption of alcoholic beverages at the Event. Permittee specifically acknowledges that it is solely liable for the service and consumption of any alcoholic beverages at the Event and that such liability shall extend to any aspect regarding the service or consumption of alcoholic beverages. 4. Insurance. Permittee shall obtain and maintain insurance according to the specifications set forth in Exhibit A. Exhibit A is incorporated by reference into this Permit. 5. Compliance with Law and Park Rules. Permittee, including its employees, agents, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, the OCPRC Rules and Regulations and the requirements of this Permit. The OCPRC Park Rules and Regulations can be found on the OCPRC website. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Permittee shall not assign or transfer any portion of this Permit without the prior written consent of OCPRC. 7. Waiver. The failure of OCPRC to insist upon strict performance of any covenants or conditions of this Permit or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this Permit shall be deemed to have been waived by OCPRC, unless such waiver is in writing by OCPRC. 8. Amendments. This Permit cannot be modified unless reduced to writing and signed by both Parties. 9. Severability. If any term, covenant, or condition of this Permit or the application thereof to any person or circumstance is deemed to be invalid or unenforceable to any extent, the remainder of this Permit or the application of such term, covenant or condition to persons or circumstances, shall not be affected thereby and each term, covenant or condition of this Permit shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term materially alters the basic intent of the Parties in executing this Permit. 10. Governing Law. This Permit shall be governed, interpreted, and enforced by the laws of the State of Michigan. Page 3 of 4 54 11. Counterparts. This Permit may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 12. Entire Agreement. This Permit sets forth all covenants, promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 13. Effective Date. The Effective Date of this Permit shall be the date upon which the last of the Parties listed below has signed the Permit. 14. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein. APPROVED AND AUTHORIZED BY PERMITTEE: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY OCPRC: NAM E: TITLE: DATE: SIGNATURE Page 4 of 4 55 EXHIBIT A INSURANCE REQUIREMENTS. Permittee shall provide and maintain, at their own expense, all insurance as set forth below. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever"is greater. a. Commercial General Liability Insurance: with the following minimum limits: $1,000,000 — Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 — Personal & Advertising Injury Limit $1,000,000 -- Products/Completed operations $ 10,000 — Medical Expense (Any One Person) $2,000,000 —General Aggregate Limit Commercial General Liability Insurance shall contain the following minimum coverages: • Occurrence Form • Premises/Operations • Personal and Advertising Injury • Independent Contractors • Broad Form Property Damage • (Blanket) Broad Form Contractual (including coverage for obligations assumed in this contract) b. Liquor Legal Liability Insurance: Liquor Liability insurance with a limit of $1,000,000 each occurrence. c. Workers Compensation Insurance: with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. GENERAL INSURANCE PROVISIONS. All certificates of insurance and insurance policies shall contain the following provisions and/or clauses with evidence of same provided to the County of Oakland (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County of Oakland. (2) The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for subrogation, payment of any premiums, deductibles, or assessments under any form of policy. Page 1 of 2 56 (3) Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of the Vendor. (4) All policies must be endorsed to include a written waiver of subrogation in favor of the County of Oakland. (5) All insurance policies, must be endorsed to name as Additional Insured: the County of Oakland and it officers, directors, employees, appointees and commissioners. (6) Permitee shall require their contractors or sub -contractors not protected under the Permittee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required of the Permittee in this Permit. (7) Certificates of insurance must be provided no less than ten (10) days prior to the event and use of the Property stated in Paragraph 1 and must bear evidence of all required endorsements and clauses. (8) All policies of insurance required in this Permit shall be issued by companies that are licensed and approved to do business in Michigan and shall have and maintain a minimum A.M. Best rating of AN or greater. Page 2 of 2 57 1�1.:11At1Nl�l��1��►1r11 �:l �� ►�� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 AGENDA ITEM NO. 10 BA FACILITIES MAINTENANCE & DEVELOPMENT To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Michael J. Donneilon, Jr., Chief of Park Facilities Maintenance & Development Jennifer Myers, Architectural Engineer II Submitted: March 17, 2015 Subject: Addison Oaks Kitchen Storage Facility — Conceptual Approval EXECUTIVE SUMMARY 1. The Addison Oaks Conference Center is jointly licensed by the Michigan Liquor Control Commission (MLCC) to Oakland County and Oak Management. One of the requirements of this license is to provide separate storage for alcohol, which is not conveniently available at the facility. In addition, alcohol is currently stored in a cooler with food items which creates issues with space and security. A walk-in cooler is proposed to be located on the exterior of the building with access from inside to address these concerns. 2. $33,800 has been estimated for total project costs. 3. A 10% project contingency is included. PLANNING OVERVIEW 1. Refer to planning review (attached) for detailed planning information relative to this project 1. Capital/Maintenance Management Plan a) Initial budget history: Fiscal Year Kitchen Storage Notes Facility Design 2015 $13,000 Design only 4 2016 $66,000 Construction, unfunded forecast b) This project is budgeted for design only in FY2015, with construction forecasted for FY2016. The design has been simplified to allow for: 1. A lower total project investment 2. Expedited design and construction in FY2015. PROJECT OVERVIEW Kitchen Storage Facility (Need): Design & construction purpose: a) The Addison Oaks Conference Center is jointly licensed by the MLCC to Oakland County and Oak Management as of the summer of 2014. One of the requirements of this license is to provide separate storage for alcohol, which is not currently conveniently available at the facility. Alcohol is currently stored in a shared cooler with food items, allowing access to the alcohol to a larger audience than necessary, creating security concerns. In addition, the facility needs more room for both food and liquor storage. A masonry building addition, similar to the existing structure was originally budgeted for design in FY2015 and construction in FY2016. However, upon researching the design staff began to realize that there was a potential to save on both the investment of time and money by locating a cooler unit outside the facility with inside access, while still effectively meeting the needs of the project. Design & construction considerations: a) Staff will use in-house design and construction for this project when possible. b) Annual contracts will be used as necessary for design and construction. c) The walk-in cooler and equipment will be publicly bid. 58 Page 2 Design program elements: a) Concrete pad: 240 sf b) Walk-in cooler: 130 sf c) Frame opening in existing building d) Electrical connections 1. Walk-in cooler 2. Associated equipment e) Equipment and pad protection f) Modify existing gravel maintenance drive g) Site restoration 2. Design/Engineering Consultants & Contractors 1. Prime design consultants a) Architectural: In-house b) Electrical: Berbiglia Associates 2. Contractors: a) Architectural/Site: In-house trades b) Electrical: Annual contract, to be bid c) Equipment: To be publicly bid 3. Previous discussions/agenda dates 1. Included in Budget Review Process as an Active or Pending Project since FY2015 4. Funding considerations 1. FY2015 Capital improvement project, design 5. Project Timeline: 1. Construction bidding & procurement March 2015 2. Construction award May 2015 3. Construction start June 2015 a) Work will be coordinated with operations to minimalize disruption b) Facility is open year-round 4. Construction end June 2015 Fiscal Considerations: 1. Refer to the planning review (attached) for revenue, expense and operational information. 2. Anticipated annual depreciation: a) Total Project costs: $33,800 conceptual estimate b) Kitchen Storage Facility, 10 years, $3,380 3. Life -cycle of facility: a) Kitchen Storage Facility 15 years BUDGET INFORMATION Conceptual Project Costs a) Walk-in cooler $24,000 b) Electrical design $ 1,900 c) Electrical install $ 2,400 d) Additional materials $ 2,400 e) 10% Contingency $3,100 f) Total: $33,800 ATTACHMENTS 1. Attachment A —Planning Review 2. Attachment B — Proposed Floor Plan 3. Attachment C — Proposed Equipment 59 Page 3 STAFF RECOMMENDATION Staff recommends the Commission grant conceptual approval of the Addison Oaks Conference Center Kitchen Storage Facility project. If this project receives final Construction Approval it would require an amendment to the FY2015 Capital Improvement and Maintenance Program Management Plan resulting in an increase to the Addison Oaks Conference Center Kitchen Storage Facility budget to $33,800. The project will not be included in the FY2016 budget. MOTION Move to conceptually approve the Addison Oaks Conference Center Kitchen Storage Facility project. 60 GAKLANDCOUNTYPARKS PLANNING AND RESOURCE DEVELOPMENT PLANNING REVIEW Addison Oaks Kitchen Storage Facility March 17, 2015: Page 1 of 5 The Planning Review is an overview of planning documents and demographic trends related to projects identified by OCPR's Capital Improvement Management Plan and 10-Year Forecast document. The intent is to inform the proposed project in a way that will improve outcomes and provide critical information to the Parks Commission regarding the project's relevance to the goals and objectives of OCPR. Budget Center ACC —Addison Oaks Conference Center Management Plan Scope FY2015: FY2015: A 9' x 16' walk-in cooler and associated equipment will be placed on a 10' x 24' poured concrete pad on the north side of building. Two openings will be made in the building: one doorway for staff to access walk- in cooler and one smaller opening to run electrical from inside building to cooler. The outside of cooler will be embossed metal panels and a membrane (EPDM) roof to match the existing building. The maintenance drive will need to be evaluated and measures taken, such as bollards, to ensure separation of vehicles from cooler and pad. The purpose of this improvement is to comply with Michigan Liquor Control Commission Code' requiring separate storage of liquor. FY2016: Construction (OCPRC, Sept 2014, p. 52) Budget Forecast ■ FY2015: $13,000 (OCPRC, Sept 2014, p. 13) ■ FY2016: $66,000 (OCPRC, Sept 2014, p. 52) Strategic Plan 1.2.2 Recreation Facilities Vision: Develop and maintain year round recreation facilities that support passive and active recreation pursuits for people of all ages (PROS Consulting, April 2008, p. 3) 1.2.2.1 Recreation Facilities Goal: Upgrade existing recreation facilities and add additional recreation facilities and amenities that energize the community to want to live, work, and play in Oakland County (PROS Consulting, April 2008, p. 4) Recreation Plan Objective 2.2: Planned Capital Improvement and Major Maintenance Projects —Implement capital improvement and major maintenance projects that have been identified in the park master planning process or in capital project/major maintenance forecasts and pursuant to the results of the facility planning process (OCPRC, February 2013, p. 13) Park Master Planning The Addison Oaks park master plan is under development ' http://www.michiRan.gov/documents/dleg/MLCC Code and Rules 343265 7.pdf 61 GAKLAND COUNTYPARKS PLANNING AND RESOURCE DEVELOPMENT PLANNING REVIEW Addison Oaks Kitchen Storage Facility March 17, 2015: Page 2 of 5 Public Engagement In the 2010 Community -Wide Survey, 10% of respondents indicated they had used "Golf Clubhouses/Conference Centers" in the past 12 months. 6% responded that "Golf Clubhouses/Conference Centers" were among the three types of recreation facilities they used most often. (Leisure Vision (ETC), 2010) Drive -Time Service Area Not applicable Visitor Trends The following annual visitor numbers to Addison Oaks Conference Center were reported by the staff of Oak Management: FY2012 — 29,635 FY2013 — 30,937 FY2014 — 26,777 The table below shows the month to month visitor numbers for FY2012 through FY2014 for Addison Oaks Conference Center: 5,000 4,000 3,000 � —s FY2012 2,000 \ —w— FY2013 1,000 ;- — �' � -.'. FY2014 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Market Analysis Market analysis has not been completed Facility Standards Conference Center facility standards have not been completed Facility Plans — Food and Beverage Analysis Scope of Project Profitable Food Facilities (PFF) sent representatives to 14 different facilities that are managed by the Oakland County Parks and Recreation Commission in order to evaluate their Food and Beverage (F&B) operations. Based on the findings of the on -site analysis, PFF created a list of recommendations that aim to help these facilities comprehend the issues that they are facing and seek to improve the general status of their F&B operations. (Profitable Food Facilities, October 2013, p. 3) 62 OZAKLAND COUNTYPARKS PLANNING AND RESOURCE DEVELOPMENT PLANNING REVIEW Addison Oaks Kitchen Storage Facility March 17, 2015: Page 3 of 5 Addison Oaks / Design: ■ Current Challenges: The kitchen is showing its age and is in need of a remodel. If the facility reaches full capacity, the kitchen will be unable to handle the demand ■ Recommendation: Recommend planning for a more efficient kitchen to be designed; one that includes more energy efficient systems (Profitable Food Facilities, October 2013, pp. 30-31) Accessibility The 2006 Accessibility Assessment was conducted by a consultant team in 2005-06 to inventory, analyze, develop options, and estimate costs for the needs of ... Oakland County Parks and Recreation Parks in regard to the specific requirements of the Americans with Disabilities Act. (Executive Summary) 2006 Accessibility Assessment Report Findings: The 2006 Accessibility Assessment does not comment on the existing walk-in coolers other than to state that the ramp connecting the kitchen to the cooler area is steeper than ADA requirements for public facilities. (Straub, Pettitt, Yaste; Becket & Raeder; Michigan Protection & Advocacy Service, April 2006) Additional Accessibility Recommendations The kitchen and walk-in cooler areas are not open to the public; therefore, ADA requirements for public facilities do not apply. However, reasonable measures taken at the time of construction/installation to increase accessibility are usually less expensive than attempting to retrofit facilities later on. The need for accessibility could arise if a person with a disability becomes employed in the future or if an existing employee becomes temporarily physically disabled, but otherwise still able to perform his or her duties. Service Assessment Calculated provision strategies for the following services potentially supported by the Addison Oaks Kitchen Storage Facility range from Advance Market Position to Affirm Market Position. Through the Service Assessment conducted during the OCPRC Service Portfolio Project each of these services were indicated to be a good organizational fit and identified OCPRC as having a strong market position to provide these services. Each of these services were also identified as economically viable due to the high degree each service is currently or potentially attractive as an investment of resources by OCPRC. Service Fit Concession/Vending/Banquet Good Rentals/Exclusive Use-Private/Non-Profit Good Long Term Leases Good (GreenPlay LLC, June 2014, pp. 41-48) Financial Market Alternative Provision Strategy Capacity Position Coverage Advance High Strong Low Market Position High Strong Low Advance Market Position Affirm High Strong High Market Position 63 GAKLANDCOUNTYPMKS PLANNING AND RESOURCE DEVELOPMENT Service Portfolio PLANNING REVIEW Addison Oaks Kitchen Storage Facility March 17, 2015: Page 4 of 5 The Addison Oaks Kitchen Storage Facility project may support the following three (3) service categories identified in the OCPRC Service Portfolio with the associated primary Beneficiary of Service and Target Tier Minimum Cost Recovery Goals; Category of Service Concession/Vending/Banquet Rentals/Exclusive Use - Private/Non-Profit Long Term Leases (GreenPlay LLC, June 2014, pp. 41-48) Operational Considerations Cost Recovery Target Tier Pyramid Tier Beneficiary of Service Minimum Tier 5 Mostly Individual Benefit 150% Tier 5 Mostly Individual Benefit 150% Tier 5 Mostly Individual Benefit 150% Under development: The purpose of this section is to identify any changes in OCPR's operational commitments that will occur because of this project; including any resulting financial implications (both revenue and expense) Agreements Under development Restrictions Under development Other Planning Under development. The purpose of this section is to reference planning documents on the local, county, state or federal level that are relevant to this project. References GreenPlay LLC. (June 2014). Service Portfolio Project. Waterford, Michigan: Oakland County Parks and Recreation Commission. Leisure Vision (ETC). (2010). Community Survey Final Report. Waterford, MI: Oakland County Parks and Recreation Commission. OCPRC. (February 2013). Chapter 9: Strategic Action Plan. In Five -Year Parks and Recreation Master Plan. Waterford, Michigan: Oakland County Parks and Recreation Commission. OCPRC. (Sept 2014). FY2015-2025 Capital Improvement Management Plan. Waterford, Michigan: Oakland County Parks and Recreation Commission. Profitable Food Facilities. (October 2013). Oakland County Parks and Recreation Commission Food & Beverage Analysis. Waterford, Michigan: Oakland County Parks and Recreation Commission. 64 GAKLANDCOUNTYWKS PLANNING REVIEW PLANNING AND RESOURCE DEVELOPMENT Addison Oaks Kitchen Storage Facility March 17, 2015: Page 5 of 5 PROS Consulting. (April 2008). Oakland County Parks Strategic Plan Summary Report. Waterford, Michigan: Oakland County Parks and Recreation Commission. Straub, Pettitt, Yaste; Becket & Raeder; Michigan Protection & Advocacy Service. (April 2006). Oakland County Parks and Recreation Americans with Disabiliities Act (ADA) Assessmesnt and Master Plan. Waterford, Michigan: Oakland County Parks and Recreation Commission. 65 �e 00m Z-1C 10 c^�o / Z O Z -- PROPOSED KITCHEN - STORAGE FACILrfY - S' 4 LOCATION PLAN ADDISON OAKS ZD75 KITCHEN sTORAOE FACILITY F+Q.�a xuxtet+r� s oEve,d+yert m» w�naYm(e}xK�t414�r� �1 7 F: - z,; a Kolpak --- I)o Dlw By 0�0 GREAT LAKES HOTEL 00000000 SUPPLY UEONARDMI40367 USA ADDISON OAKS DRAWING #: A048633RI BANQUET UNIT#: 001 FACITLITY ORDER X: ewt.1 :LMOR.i wl, at 1.1►i k� OAKL.AND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 12, 2015 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Sue Wells, Manager of Parks and Recreation Operations Phil Castonia, Chief of Business Operations a� —.. 1 „ AGENDA ITEM NO.10 C BUSINESS OPERATIONS Submitted: April 1, 2015 Subject: Food & Beverage Conference Center & Grill Room Operations — Contract Approval INTRODUCTION AND HISTORY Since 2010, the parks system has relied upon a multiple providers to meet all its food and beverage needs. Oak Management Corporation has been the sole contractor for all conference center food and beverage operations at Addison Oaks Conference Center, Glen Oaks Golf Course, Lyon Oaks Golf Course and White Lake Oaks Golf Course. The Oakland County Board of Commissioners in 2006 passed Misc. Resolution #06245, stating, "...that no further extensions beyond December 31, 2015, shall be made to this lease without an appropriate RFP process." Furthermore, current Oakland County Purchasing Policies would be followed. After numerous previous RFP's to try and obtain a Food and Beverage provider for the Grill Rooms and Conference Centers, a contract was finalized with Oak Management last year for Addison Oaks and Glen Oaks, leaving White Lake Oaks and Lyon Oaks remaining. A combined golf operations and food and beverage RFP was sent out. After the responses were received and evaluated, it was decided that our current golf operations were better than the RFP responses. For financial and control reasons, the committee decided that it was in the best interest of Oakland County Parks to continue to operate our golf courses in-house. With no acceptable food and beverage proposals available, it was decided to advertise this opportunity to the vendors who had responded to our Approved Caterer RFP. Out of this addendum, 2 additional bids were received and evaluated. The Committee decided to interview and negotiate with Katherine's Catering of Ann Arbor. After the initial round of negotiations, the sub -committee came to a consensus. This tentative agreement was then taken to the full Food and Beverage Committee and voted on among the voting members. The full committee recommends moving forward on a license agreement and professional services contract with Katherine's Catering, for the operation of Lyon Oaks Grill Room and Conference Center, as well as White Lake Oaks Conference Center and Grill Room. This contract will begin January 1, 2016 and is a 5-year contract with the addition of 2 optional 5-year extensions at the Commission's sole discretion. This contract, if approved, will be forwarded to the Oakland County Board of Commissioners, through the Committee and full Board process, for approval in April and May, 2015. 68 Page 2 ATTACHMENTS • Lyon Oaks and White Lake Oaks Conference Center & Grill Room Food & Beverage Services Contract and License & Exhibits 04-XX-15 • Resolution for Lyon Oaks and White Lake Oaks Conference Center & Grill Room Food & Beverage Services STAFF RECOMMENDATION The staff recommends the OCPR Commission approve the proposed contract and forward it to the Oakland County Board of Commissioners for final approval. MOTION Move to approve the proposed contract for Conference Center and Grill Room Food and Beverage Services for Lyon Oaks and White Lake Oaks with Katherine's Catering of Ann Arbor as presented, and forward it to the Oakland County Board of Commissioners for final approval. 69 MISCELLANEOUS RESOLUTION IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - REQUEST FOR APPROVAL TO ENTER INTO A LICENSE AGREEMENT AND PROFESSIONAL SERVICES CONTRACT WITH KATHERINE'S CATERING FOR FOOD AND BEVERAGE SERVICES TO THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION Chairperson, Ladies and Gentlemen. WHEREAS the County and E.A. Fuller Oak Management Corporation ("Oak Management") entered into a lease dated December 14, 2006 (MR # 06245) and amended January 1, 2008 ("Lease") for food and beverages services for Oakland County Parks and Recreation Commission ("OCPRC") facilities; and WHEREAS the Lease provides for an expiration on December 31, 2015; and WHEREAS the Oakland County Board of Commissioners passed Miscellaneous Resolution #06245 stating, "...no further extensions beyond December 31, 2015 shall be made to this lease without an appropriate RFP process' and that current Oakland County Purchasing Policies would be followed; and WHEREAS Oakland County Parks and Recreation formed a Food and Beverage Committee comprised of key administration and operations staff and Parks Commissioners and enlisted the assistance of Oakland County's Purchasing Division, Health Division, and Corporation Counsel; and WHEREAS the Committee subsequently developed a combined golf operations and food and beverage Request for Proposal for the operation of White Lake Oaks and Lyon Oaks; and WHEREAS, after determining it would be in the best interest of Oakland County Parks and Recreation to continue to operate the golf courses in house, the Committee advertised the food and beverage opportunity to the vendors who responded to our Approved Caterer Request For Proposal; and WHEREAS two additional bids were received and after the evaluation process, a tentative agreement was negotiated; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission that the Oakland County Board of Commissioners approve and authorize the Oakland County Parks and Recreation Commission to enter into a license agreement and professional services contract with Katherine's Catering of Ann Arbor for the operation of the Lyon Oaks Grill Room and Conference Center and the White Lake Oaks Conference Center and Grill Room for a five-year contract beginning January 1, 2016, with two optional five- year extensions at the Oakland County Parks and Recreation Commission's sole discretion. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve and authorize the Oakland County Parks and Recreation Commission to enter into a license agreement and professional services contract with Katherine's Catering of Ann Arbor for the operation of the Lyon Oaks Grill Room and Conference Center and the White Lake Oaks Conference Center and Grill Room for a five-year contract beginning January 1, 2016, with two optional five-year extensions at the Oakland County Parks and Recreation Commission's sole discretion. Date: Moved by: Supported by: Ayes: Nays: 70 OAKLAND COUNTY COMPLIANCE OFFICE PURCHASING DIVISION LICENSE AND PROFESSIONAL SERVICES CONTRACT PROFESSIONAL SERVICE CONTRACT NUMBER: Contract Amount: $ Contract Effective Date: Contract Expiration Date: This "Contract" is made between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called "County" and the "Contractor" as further described in the following Table. This Contract includes the license of County -owned real and personal property to Contractor and the provision of professional services by Contractor as further described herein. In this Contract, either Contractor or the County may also be referred to individually as a "Party" or jointly as the "Parties". COUNTY OF OAKLAND CONTRACTOR 2100 Pontiac Lake Road Katherine's Waterford, MI 48328 359 Metty Drive, Suite 4 (herein, the "County") Ann Arbor, MI 48103 Vendor I. D. No. (herein the "Contractor") INTRODUCTION A. The County owns and operates the following two (2) facilities, which are further described and depicted herein: ➢ Lyon Oaks Conference Center and Grill Room ➢ White Lake Oaks Conference Center and Grill Room B. The foregoing facilities have various food and beverage operations designed for use by the general public and designed to provide a means of recreation in Oakland County. C. The County desires to license these facilities and other property, set forth herein, to the Contractor and grant it the exclusive right to provide food and beverage services at the facilities. 71 This Contract is organized and divided into the following "Section" or "Sections" for the convenience of the Parties. SECTION 1. CONTRACT DOCUMENTS AND DEFINITIONS SECTION 2. CONTRACT EFFECTIVE DATE AND TERMINATION SECTION 3. SCOPE OF CONTRACTOR'S SERVICES SECTION 4. USE OF COUNTY FACILITIES AND PROPERTY SECTION 5. PAYMENT OBLIGATIONS SECTION 6. CONTRACTOR'S ASSURANCES AND WARRANTIES SECTION 7. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION SECTION 8. GENERAL TERMS AND CONDITIONS In consideration of the mutual promises, obligations, representations, and assurances in this Contract, the Parties agree to the following: §1. CONTRACT DOCUMENTS AND DEFINITIONS The following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non -possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: 1.1. "Claims" means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 1.2. "Contract Documents" This Contract includes and fully incorporates herein all of the following documents: 1.2.1. Exhibit I: Contractor Insurance Requirements 1.2.2. Exhibit 11: Scope of Contractor's Services & Parties Responsibilities 4.2.3. Exhibit III: Description and Depiction of Facilities 1.2.4. Exhibit IV: Description of County Personal Property 1.2.5. Exhibit V: Servicemark 1.3. "Contractor Employee" means without limitation, any employees, officers, directors, members, managers, trustees, volunteers, attorneys, and representatives of Contractor, and also includes any Contractor licensees, concessionaires, contractors, subcontractors, independent contractors, contractor's suppliers, subsidiaries, joint ventures or partners, and/or any such persons, successors or predecessors, employees, (whether such persons act or acted in their personal, representative or official capacities), and/or any and all persons acting by, through, under, or in concert with any of the above. "Contractor Employee" shall also include any 72 person who was a Contractor Employee at any time during the term of this Contract but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.4. "County" means the County of Oakland, a Municipal and Constitutional Corporation, its departments, divisions, authorities, boards, committees, and County Agent as defined below. 1.5. "County Agent" means any elected and appointed officials; directors; board members; council members; commissioners; employees; and volunteers of the County; whether acting in their personal, representative, or official capacities. "County Agent" shall also include any person who was a "County Agent" anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and in that capacity. 1.6. "Day" means any calendar day, which shall begin at 12:00:01 a.m. and end at 11:59:59 p.m. 1.7. "E-Verify" means an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their new hired employees. For more information and to register visit htt )s:He-verifv.uscis.2ov/enroll/. 1.8. "Event" means a function, gathering, meeting, party, wedding, or other assembly of persons or entities at or around the Facilities. 1.9. "Facilities" means the following real property, personal property, buildings, and the parking lots for the buildings, which are used by Contractor or Contractor Employees in performance of this Contract and are further described and depicted in Exhibit III: 1.9.1. Lyon Oaks Conference Center, Grill Room, and Golf Course 1.9.2. White Lake Oaks Conference Center, Grill Room, and Golf Course 1.10. "Fiscal Year" means the three hundred and sixty-five (365) day period beginning on October 1 and ending the following year on September 30; except for the first year of this Contract when the fiscal year shall begin on January 1, 2016 and end on September 30, 2016. 1.11. "Gross Revenue/Receipts" means the total dollar aggregate of the selling price plus all other fees for any Services provided by Contractor at the Facilities or elsewhere, including deposits from all events including those that cancel (as long as the food and beverages were prepared at the Facilities), excluding only taxes and gratuity (which is voluntarily paid by customers to Contractor), whether made by cash, check, credit card, credit account, exchange, coupon redemption or other value. 1.12. "Intellectual Property" means any developments, improvements, designs, innovation, and materials that may be the subject of a trademark/servicemark, copyright or patent, trade secrets or Proprietary Information. 1.13. "Oakland County Parks and Recreation Commission" or "OCPRC" means the county parks and recreation commission created by the county board of commissioners pursuant to Public Act 261 of 1965. 73 1.14. "Property" means the real property and personal property owned by the County which is listed, described, and depicted in Exhibit III and IV. 1.15. "Proprietary Information" means ideas, concepts, inventions and processes related to the development and operation of computer software and systems such as source code, object code, security procedures and passwords. 1.16. "Services" means all food and beverage (alcoholic and non-alcoholic) products and services and all other products or services provided by Contractor or Contractor Employees at the Facilities or elsewhere when the food and beverages are prepared at the Facilities. Services shall include, but not be limited to, the purchase, preparation, transportation, and service of food and beverages (alcoholic and non- alcoholic) by the Contractor or Contractor Employees; clean-up after Events; rental of linens, tableware, glassware, paper ware, decorations, tables, chairs, special equipment and inflatables provided by or through the Contractor or Contractor Employees; valet services provided by or through the Contractor or Contractor Employees; coat -check services provided by or through the Contractor or Contractor Employees; and operation of mobile food and beverage carts or stands by the Contractor or Contractor Employees at the Facilities. §2. CONTRACT EFFECTIVE DATE AND TERMINATION 2.1. Contract Term. The "Effective Date" of this Contract shall be as stated on the first page of this Contract, and unless otherwise terminated or canceled as provided herein, it shall end at 11:59:59 p.m. on the "Contract Expiration Date" shown on the first page of this Contract, at which time this Contract expires without any further act or notice of either Party being required. 2.2. Contract Renewal. The Parties are under no obligation to renew or extend this Contract after Contract Expiration Date, provided, however, that OCPRC, in its sole discretion, may extend this Contract for one or two five (5) year periods after this Contract has been in effect for at least two (2) years ("Renewal Terms"). The terms and conditions contained in this Contract shall apply to the Renewal Terms, except that the Equipment Fee and the Food and Beverage Fee shall be reviewed by the Parties. There shall be no further renewals or extensions of this Contract beyond the Renewal Terms set forth herein. At the expiration of the Contract or Renewal Terms, the Contract shall be bid through the Oakland County Purchasing Division, according to its policies and procedures in effect at that time. 2.3. Leaal Effect. Notwithstanding the above, under no circumstances shall this Contract be effective until and unless: 2.3.1. This Contract is signed by a Contractor Employee, legally authorized to bind Contractor; 2.3.2. All Contractor Certificates of Insurance and any other conditions precedent to the Contract have been submitted and accepted by the County; and 2.3.3. This Contract is signed by an authorized agent of the Oakland County Purchasing Division, as provided for on the signature page of this Contract. 2.4. County Termination. The County may terminate and/or cancel this Contract (or any part thereof) at any time upon three hundred and sixty-five (365) days written notice to the Contractor, if Contractor defaults in any obligation contained herein and 74 within the three hundred and sixty-five (365) days' notice period Contractor failed or did not attempt to cure such default. The effective date for termination or cancellation shall be clearly stated in the written notice. 2.5. Contractor Termination. Contractor may terminate and/or cancel this Contract (or any part thereof) at any time upon three hundred and sixty-five (365) days written notice to the County, if the County defaults in any obligation contained herein and within the three hundred and sixty-five (365) days' notice period the County failed or did not attempt to cure such default. The effective date of termination and/or cancellation and the specific alleged default shall be clearly stated in the written notice. 2.6. In the event of termination and/or cancellation of this Contract by either Party for any reason, Contractor shall pay the County all fees as set forth herein until the effective date of termination. 2.7. Upon termination and/or cancellation of this Contract, Contractor's use of County Property shall cease as of the effective date of termination, this shall include at the sole option of the County, cancellation of all Events Contractor scheduled at the Facilities after the effective date of termination. 2.8. Under no circumstances shall the County be liable for any future loss of income, profits, any consequential damages or any loss of business opportunities, revenues, or any other economic benefit Contractor may have realized but for the termination and/or cancellation of this Contract. The County shall not be obligated to pay Contractor any cancellation or termination fee if this Contract is cancelled or terminated as provided herein. §3. SCOPE OF CONTRACTOR'S SERVICES 3.1. Contractor shall perform all Services identified and described in this Contract and the Exhibits. 3.2. Contractor and the County, through OCPRC, shall perform all responsibilities as listed and described in this Contract and Exhibits. 3.3. Equipment and Supplies. Contractor is responsible for providing the equipment and supplies to deliver and perform the Services required by this Contract, which are not expressly required to be provided by the County herein. §4. USE OF COUNTY FACILITIES AND PROPERTY 4.1. Access to Facilities. Contractor may use and have full access to the Facilities described and depicted in Exhibit IIl, provided, however, Contractor shall in no way be involved in the operation and maintenance of the golf courses at the Facilities. Contractor's use and access to the golf courses at the Facilities applies only to the sale and service of alcoholic beverages and the operation of mobile food and beverage carts or stands. 4.2. County Personal Property. Contractor may use the County's personal property, which may or may not be affixed to the Facilities, that is listed in Exhibit IV. All personal property listed in Exhibit IV (whether it is affixed or not affixed to the Facilities) is deemed to be the personal property of the County. 75 4.3. Use of Facilities. Contractor shall only use the Facilities and the personal property listed in Exhibit III and IV for the purpose of providing Services at the Facilities or for preparing food and beverages to be served elsewhere. 4.4. County Access. The County may access the Facilities at any time for the purpose of examining and inspecting the Facilities and evaluating the Services provided pursuant to this Contract. If the County determines that the Facilities are not maintained pursuant to this Contract or Services are not provided pursuant to this Contract, it shall immediately notify Contractor in writing to correct the unsatisfactory conditions or Services. Contractor shall take immediate steps to correct such conditions or Services. 4.5. SiWIL Contractor shall not place any signs or advertisements on the Facilities without the prior written consent of the OCPRC Executive Officer or his/her designee. 4.6. Conditions of Facilities. Contractor shall keep the Facilities and anything stored thereon in good order and in a clean, safe, and healthful condition as required by this Contract and as required by federal, state or local law, rule, regulation or ordinance. 4.7. Alterations, Additions, or Chances to Facilities. Except as otherwise provided in this Contract, Contractor shall not make any structural alterations, additions, or changes to the Facilities, unless prior written approval is given by OCPRC Executive Officer or his/her designee. 4.8. Removal of Personal Probertv. At the expiration or termination of this Contract, Contractor shall leave the Facilities in the same condition that Contractor found them, less ordinary wear and tear, and clean of all rubbish. Contractor shall remove all of its personal property within thirty (30) days of expiration or termination of this Contract. If Contractor does not remove its personal property within the thirty (30) day period, the County shall dispose of it as it sees fit. Upon receipt of an invoice from the County, Contractor shall reimburse the County for all costs associated with the removal and disposal of Contractor's personal property. 4.9. Damaae/Destruction of Facilities or Countv Propertv. 4.9.1. If any damage or destruction occurs to the Facilities or other County -owned property, Contractor shall notify the County immediately 4.9.2. Contractor shall be responsible for any damage or destruction to the Facilities or other County -owned property, which arise out of the acts or omissions of Contractor or Contractor Employees. 4.9.3. The County shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements to the Facilities or other County -owned property, provided, however, that Contractor shall reimburse the County for all costs associated with repairing and/or replacing the Facilities or other County owned property (which costs arise out of the acts or omissions of Contractor or Contractor Employees). Contractor shall pay such costs within fourteen (14) days of receiving an itemized invoice from the County; unless the County makes a claim for such damage or destruction under its property insurance and it is covered and paid for by the 76 County's property insurance, in which case Contractor shall reimburse the County for any deductible the County must pay in connection with the damage or destruction. 4.9.4. In the event, any Facility is partially damaged or destroyed by fire or other casualty, the damage to such Facility shall be promptly repaired or rebuilt by the County and this Contract shall continue, except that if any Facility is damaged or destroyed by fire or other casualty to such a degree that it would prevent the Contractor from providing the Services as required by this Contract (in the County's reasonable discretion), then the County may elect to either repair or rebuild such Facility or to terminate the portion of this Contract as it relates to the particular Facility damaged or destroyed, by giving written notice to Contractor within thirty (30) days after the occurrence of such damage or destruction. Contractor will have thirty (30) days from the date of the notice to vacate such Facility. 4.9.5. While a Facility is being repaired or rebuilt the Equipment Fee and the Food and Beverage Fee owed by Contractor shall be reduced in proportion to the fraction of the Facility rendered unusable. If anyone Facility is damaged or destroyed to such a degree that it would prevent Contractor from providing Services as required by this Contract (in the County's reasonable discretion), then Contractor may elect to remain at the Facility or to vacate the Facility, without further liability to the County. 4.10. Damage to Contractor Probertv. Contractor shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to Contractor's personal property located, kept, or stored on or around the Facilities during this Contract. 4.11. Liabilitv for Claims. Contractor shall be solely liable and responsible for any Claims, occurring at or around the Facilities, which arise out of Contractor's or Contractor's Employees use of the Facilities or performance of Services under this Contract. 4.12. Contractor acknowledges that it has no title in or to the Facilities or any portion thereof and will not claim any such title to the Facilities. 4.13. Eminent Domain. If any number of Facilities are entirely taken by any public authority under the power of eminent domain, then this Contract shall be terminated on the day the public authority takes possession of such Facility(ies). If less than the whole, but more than thirty-five percent (35%) of a Facility is taken by any public authority under the power of eminent domain, then either Party may terminate this Contract, as it relates to the specific Facility only, upon thirty (30) days written notice to the other Party. In the event neither Party elects to terminate this Contract, this Contract shall terminate on the date the public authority takes possession of a specific Facility. Neither Party shall have any future liability or obligation under this Contract, if it is terminated under this Section. 77 4.14. Alcoholic Beverages. 4.14.1. Alcoholic beverages may be sold, provided and served only by Contractor and Contractor Employees at the Facilities as part of the Services provided under this Contract. 4.14.2. The liquor licenses from the State of Michigan for the Facilities shall be held by the County and Contractor as co -licensees. 4.14.3. The County shall be responsible for obtaining and maintaining the liquor licenses for the Facilities, including paying all costs and fees associated with obtaining and maintaining the liquor licenses and hiring and paying for the attorneys to assist with licensing from the State of Michigan. 4.14.4. Contractor and Contractor Employees shall be responsible for operating the Facilities in strict accordance with the Michigan Liquor Control Code, as amended and all rules and regulations promulgated thereunder ("the Code"). 4.14.5. The County and Contractor expressly acknowledge and confirm their joint responsibilities pursuant to the provisions of the Code for any and all violations under the Code at the Facilities, which may arise through acts or omissions of the County or Contractor or Contractor Employees. 4.14.6. Except as stated herein, Contractor or Contractor Employees shall have no right or interest in the liquor licenses for the Facilities. 4.14.7. Upon termination and/or cancellation of this Contract, or termination and/or cancellation of a portion of this Contract affecting a liquor license, all rights of the Contractor as co -licensee for the Facilities or a Facility shall terminate automatically, subject only to the approval of the Michigan Liquor Control Commission. Contractor and Contractor Employees agree to cooperate in all matters necessary to cause a transfer of its interest to the County, including the execution of all documents and forms required by the Michigan Liquor Control Commission. 4.14.8. Only Contractor and Contractor Employees may serve alcoholic beverages at the Facilities. All persons serving alcoholic beverages must be trained and certified as required by the Code. §5. PAYMENT OBLIGATIONS 5.1. Equipment Fee. For the use of County -owned equipment, Contractor shall pay the County a twenty -thousand dollar ($20,000.00) fee per Fiscal Year, which shall be paid as set forth in this Section (hereinafter "Equipment Fee"); except that Contractor shall not pay an Equipment Fee for the time period beginning January 1, 2016 and ending September 30, 2017. 5.2. Food and Beverage Fee. Contractor shall pay the County three percent (3%) of the Gross Receipts/Revenue per each Facility per Fiscal Year as a "Food and Beverage Fee" beginning October 1, 2017. 5.3. Notwithstanding any other provision in this Contract, if Gross Revenue/Receipts total one million two hundred thousand dollars ($1,200,000.00) or more at the Facilities for the time period beginning October 1, 2016 and ending September 30, 78 2017, then the Contractor shall pay the twenty thousand dollar ($20,000.00) Equipment Fee for that time period and shall pay the Food and Beverage Fee on the actual Gross Revenue/Receipts for that time period. After this time period, the Equipment Fee and Food and Beverage Fee shall be due and payable as set forth in this Contract. 5.4. Equipment Fee Annual Increase. On October 1 of each year, beginning on October 1, 2019, the Equipment Fee shall be increased by three percent (3%) of the previous year's Equipment Fee ("Annual Increase"); except that if Contractor pays an Equipment Fee for the time period beginning October 1, 2016 and ending September 30, 2017, then the Annual Increase shall begin on October 1, 2018. 5.5. Due Date. The Equipment Fee and Food and Beverage Fee are due and payable on October 20 each year for the previous Fiscal Year's Equipment Fee and Food and Beverage Fee. 5.6. Utilities. The utilities, which Contractor is required to pay under in this Contract, shall be invoiced to Contractor on a quarterly basis, provided however, for the time period of January 1, 2016 to September 30, 2016 Contractor shall be invoiced once (after September 30, 2016) for the utilities during that period. Contactor shall pay the utility invoice within thirty (30) days of receipt of the invoice. 5.7. All costs and fees due to the County herein shall be payable to the "County of Oakland" and sent to: Oakland County Parks and Recreation, Attention: Executive Officer, 2800 Watkins Lake Road, Waterford MI 48328. 5.8. Late Charge. If the County does not receive the fees, utilities, or any other sum owed by Contractor under this Contract within five (5) days of its due date, Contractor shall pay the County a late charge equal to ten percent (10%) of any such overdue amount. Such late charge represents a fair and reasonable estimate of the costs the County will incur by reason of late payment by the County. Acceptance of such late charge by the County shall in no event constitute a waiver of Contractor's default with respect to such overdue amount, nor prevent the County from exercising any of its other rights and remedies. 5.9. Under no circumstances shall the County be responsible for any cost, fee, fine, penalty, or direct, indirect, special, incidental or consequential damages incurred or suffered by Contractor in connection with or resulting from the Contractor's providing any Services under this Contract. 5.10. Off -Set. The County has the right to offset any amounts due and owing to the Contractor should the County incur any cost associated with this Contract that is the obligation of Contractor under this Contract. 5.11. In -Kind Services. This Contract does not authorize any in -kind services by either Party, unless expressly provided herein. §6. CONTRACTOR'S ASSURANCES AND WARRANTIES 6.1. Contractor certifies that all statements, assurances, records, and materials submitted to County in connection with securing this Contract have been truthful, complete and accurate in all respects. Any material false statement, representation or omission made in connection with Contractor seeking or obtaining this Contract may be grounds for canceling or terminating this Contract and/or debarring the 79 Contractor from future County contracts. The County's right to cancel this Contract as provided herein shall be in addition to any other rights the County has to terminate or cancel this Contract. 6.2. Service Warrantv. Contractor warrants that all Services performed hereunder will be performed in a manner that complies with all applicable laws, statutes, regulations, ordinances, and professional standards. 6.3. Taxes. The Contractor shall pay, its local, state and federal taxes, including without limitation, taxes (real or personal) because of this Contract, social security taxes, and unemployment compensation taxes. The County shall not be liable to or required to reimburse the Contractor for any federal, state and local taxes or fees of any kind. 6.4. Contractor's Incidental Expenses. Except as otherwise expressly provided in this Contract, the Contractor shall be solely responsible and liable for all costs and expenses incident to the performance of all Services for the County including, but not limited to, any professional dues, association fees, license fees (excluding any liquor license acquisition or maintenance fees), fines, taxes, and penalties. 6.5. E-Verifv. 6.5.1. In accordance with Miscellaneous Resolution No.09116 (BOC Minutes, July 30, 2009, pp. 37-38), unless otherwise exempted, beginning January 1, 2016 and throughout the term of this Contract, Contractor must certify it has registered with, will participate in, and will continue to utilize, once registered, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the Contractor. Breach of this term or conditions is considered a material breach of this Contract. 6.5.2. Contractor certifies it has registered with, has and will participate in, and does and will continue to utilize once registered and throughout the term of this Contract and any permissible extension hereof, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the Contractor. 6.6. Contractor Emplovees. 6.6.1. Contractor shall employ and assign qualified Contractor Employees as necessary and appropriate to provide the Services under this Contract. Contractor shall ensure all Contractor Employees have all the necessary knowledge, skill, and qualifications necessary to perform the required Services and possess any necessary licenses, permits, certificates, and governmental authorizations as may be required by law. 6.6.2. Contractor shall solely control, direct, and supervise all Contractor Employees with respect to all Contractor obligations under this Contract. Contractor will be solely responsible for and fully liable for the conduct and supervision of any Contractor Employee. 80 6.6.3. All Contractor Employees assigned to work under this Contract may, at the County's discretion, be subject to a security check and clearance by the County. 6.6.4. All newly hired Contractor Employees, unless otherwise excluded under Misc. Resolution No. 09116, must undergo employment eligibility verification through the E-Verify system. Failure to verify newly hired employees is a material breach of this Contract. 6.7. Contractor Emplovee-Related Expenses. All Contractor Employees shall be employed at the Contractor's sole expense (including employment -related taxes and insurance). The Contractor warrants that all Contractor Employees shall fully comply with and adhere to all of the terms of this Contract. Contractor shall be solely and completely liable for any and all applicable Contractor Employee's federal, state, or local payment withholdings or contributions and/or any and all Contractor Employee related pension or welfare benefits plan contribution under federal or state law. Contractor shall indemnify and hold the County harmless for all Claims against the County by any Contractor Employee, arising out of any contract for hire or employer -employee relationship between the Contractor and any Contractor Employee, including, but not limited to, Worker's Compensation, disability pay or other insurance of any kind. 6.8. Full Knowledge of Service Expectations and Attendant Circumstances. Contractor warrants that before submitting its Proposal and/or entering into this Contract, it had a full opportunity to review the proposed Services and all County requirements under this Contract. The Contractor is responsible for being adequately and properly prepared to execute this Contract. Contractor has satisfied itself in all material respects that it will be able to perform all obligations under the Contract as specified herein. 6.9. The Contractor's Relationship To The Countv Is That Of An Independent Contractor. Nothing in this Contract is intended to establish an employer -employee relationship between the County and either the Contractor or any Contractor Employee. All Contractor Employees assigned to provide Services under this Contract by the Contractor shall, in all cases, be deemed employees of the Contractor and not employees, agents or sub -contractors of the County. 6.10. Contractor's Compliance with the Patient Protection and Affordable Care Act. If Contractor is subject to the Patient Protection and Affordable Care Act ("ACA"), PL 111-148, 124 Stat 119, then Contractor shall ensure that all Contractor Employees under assignment to the County are provided with or have access to insurance as required by the ACA. If Contractor is subject to the ACA, Contractor warrants it offers Contractor Employees and their dependents group health coverage that is affordable, that provides minimum essential coverage and value and that it will pay all applicable fees, taxes or fines, as set forth in the employer mandates of the ACA under Tax Code §4980H and related regulations. 81 §7. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION 7.1. Indemnification. 7.1.1. Contractor shall indemnify, defend, and hold the County harmless from any and all Claims which are incurred by or asserted against the County by any person or entity, alleged to have been caused or found to arise, from the acts, performances, errors, or omissions of Contractor or Contractor's Employees, including, without limitation, all Claims relating to injury or death of any person or damage to any property. 7.1.2. The indemnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies. During the term of this Contract, if the validity or collectability of the Contractor's insurance is disputed by the insurance company, the Contractor shall indemnify the County for all claims asserted against the County and if the insurance company prevails, the Contractor shall indemnify the County for uncollectable accounts. 7.1.3. Contractor shall have no rights against the County for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the County except as expressly provided herein. 7.1.4. Contractor waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the County based upon any Claim brought against the County suffered by a Contractor Employee. 7.2. Contractor Provided Insurance. At all times during this Contract, Contractor shall obtain and maintain insurance according to the specifications indicated in Exhibit I. §8. GENERAL TERMS AND CONDITIONS 8.1. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 8.2. Survival of Terms and Conditions. The terms and conditions contained in the following Sections shall survive and continue in full force beyond the termination and/or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their very nature: "PAYMENT OBLIGATIONS"; "CONTRACTOR'S ASSURANCES AND WARRANTIES"; "CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION"; "Damage/Destruction of Facilities or Countv Provertv"; "Audit"; "Severability"; "Governing Law/Consent To Jurisdiction And Venue"; and 82 "Survival of Terms And Conditions". 8.3. County Right to Suspend Services. Upon written notice, the County may suspend performance of this Contract if Contractor has failed to comply with Federal, State, or Local laws, or any requirements contained in this Contract. The right to suspend services is in addition to the County's right to terminate and/or cancel this Contract. The County shall incur no penalty, expense, or liability to Contractor if the County suspends services under this Section. 8.4. No Third Partv Beneficiaries. Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this Contract, or any other right in favor of any other person or entity. 8.5. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, regulations, rules, insurance policy requirements, and requirements applicable to its activities under this Contract, including but not limited to the Michigan Liquor Control Code, as amended, and all regulations and rules promulgated thereunder. 8.6. Permits and Licenses. Except for liquor licenses from the Michigan Liquor Control Commission, Contractor shall be responsible for obtaining, maintaining, and paying for all licenses, permits, certificates, and governmental authorizations necessary to perform its obligations under this Contract and to conduct business under this Contract. Within seven (7) days of request by the County, Contractor shall furnish copies of any permit, license, certificate or governmental authorizations necessary to provide services under this Contract; except that, within seven (7) days of receipt, Contractor shall provide copies of all Health Inspection Reports and any subsequent enforcement actions by the County Health Department to the OCPRC Executive Officer. 8.7. Discrimination. Contractor shall not discriminate against any employee or applicant for employment in violation of state or federal law. Contractor shall promptly notify the County of any complaint or charge filed and/or of any determination by any court or administrative agency of illegal discrimination by Contractor. 8.8. Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the County. 8.9. Force Maieure. Notwithstanding any other term or condition of this Contract, neither Party shall be liable for failure to perform contractual duties or obligations caused by events beyond their reasonable control, including but not limited to: (a) acts of public enemies; (b) natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; (f) natural disasters; (g) strikes, lockouts, work stoppages, or other labor difficulties; or (h) compliance with law. Reasonable notice shall be given to the affected Party of such event. Contractor is expected, through insurance or alternative temporary or emergency service arrangements, to continue its contractual duties or obligations if a reasonably anticipated, insurable business risk, such as business interruption or any insurable casualty or loss occurs. 83 8.10. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.321, et seq.), no contracts shall be entered into between the County, including all agencies and departments thereof, and any County Agent. To avoid any real or perceived conflict of interest, Contractor shall identify any Contractor Employee or relative of Contractor's Employees who are presently employed by the County. Contractor shall give the County notice if there are any County Agents or relatives of County Agents who are presently employed by Contractor. 8.11. Project Managers. Each Party shall designate an employee or agent to act as a Project Manager. The Project Managers shall serve as a contact point for all matters related to the Services to be performed under this Contract. The Contractor's Project Manager shall coordinate with the County's Project Manager. The Contractor shall provide the name and qualifications of its Project Manager and an alternate. 8.12. Contract Administrator. Each Party shall designate an employee or agent to act as Contract Administrator. The County's Contract Administrator shall be responsible for such activities as monitoring deliverables and funding addressing the quality of services provided by the Contractor, reviewing invoices and submitting requests to the County's procurement authority for any contract modification. 8.13. Dispute Resolution. All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Contract involving or affecting the Parties may first be submitted to the respective Project Managers and Contract Administrators for possible resolution. The Project Managers and Contract Administrators may promptly meet and confer in an effort to resolve such dispute. If the Project Managers cannot resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of this Contract or their successors in office. The signatories of this Contract may meet promptly and confer in an effort to resolve such dispute. Before litigation is commenced by either Party regarding Claims arising under this Contract, the Parties shall use their best efforts to mediate such Claims. All costs for mediation shall be borne equally by the Parties. The Parties shall mutually agree to the mediator. 8.14. Access and Records. Contractor will maintain accurate books and records in connection with performance of this Contract for thirty-six (36) months after the end of this Contract and Contractor shall provide the County with reasonable access to such books and records, upon request. 8.15. Audit. The County or an independent auditor hired by the County may perform contract audits (in its sole discretion) and shall have the authority to access all pertinent records and data and to interview any Contractor Employee during the term of this Contract and for a period of three years after final payment. Contractor shall explain any audit findings, questioned costs, or other Contract compliance deficiencies to the County within thirty (30) days of receiving the draft audit report. Contractor's written response shall include all necessary documents and information that refute the draft audit report and an action plan to resolve the audit findings. A copy of Contractor's response will be included in the final report. Failure by Contractor to respond in writing within thirty (30) days shall be deemed acceptance of the draft audit report and will be noted in the final report. 84 8.16. Delegation /Subcontract/Assignment/Sublease. Contractor shall not delegate, assign, sublease or subcontract any obligations or rights under this Contract without the prior written consent of the County. 8.16.1. The rights and obligations under this Contract shall not be diminished in any manner by assignment, delegation, sublease or subcontract. 8.16.2. Any assignment, delegation, sublease or subcontract by Contractor and approved by the County, must include a requirement that the assignee, delegee, or subcontractor will comply with the rights and obligations contained in this Contract. 8.16.3. Contractor shall remain primarily liable for all work performed by any subcontractors. Contractor shall remain liable to the County for any obligations under the Contract not completely performed or improperly performed by any Contractor delegee or subcontractor. 8.16.4. Should a Subcontractor fail to provide the established level of service as required by this Contract, Contractor shall contract with another agency for these services in a timely manner. Any additional costs associated with securing a competent subcontractor shall be the sole responsibility of Contractor. 8.17. No provision in this Contract limits, or is intended to limit, in any way Contractor's right to offer and provide its services to the general public, other business entities, municipalities, or governmental agencies during or after the term of this Contract. Except as provided in this Contract, this Contract shall not be construed to guarantee Contractor or any Contractor Employee any fixed or certain number of hours, Services, or Events at the Facilities. 8.18. No Implied Waiver. Waiver of any term or condition under this Contract must be in writing and notice given pursuant to this Contract. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Contract. No waiver by either Party shall subsequently affect its right to require strict performance of this Contract. 8.19. Severabilitv. If a court of competent jurisdiction finds a term or condition of this Contract to be illegal or invalid, then the term or condition shall be deemed severed from this Contract. All other terms or conditions shall remain in full force and effect. Notwithstanding the above, if Contractor's promise to indemnify or hold the County harmless is found illegal or invalid, Contractor shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the County. 8.20. Captions. Section and subsection numbers, captions, and any index to sections or subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Contract. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the nominative, possessive, or objective case, and any reference to gender (masculine, feminine, and neuter) shall mean the appropriate form, case, or gender as the context requires. 85 8.21. Notices. 8.21.1. Written Notice. All notices required under this Contract shall be in writing. Notices shall be effective: (a) the next Business Day, if personally delivered; (b) the third Business Day, if sent by U.S. mail, postage prepaid, return receipt requested; (c) the next Business Day, if sent by a nationally recognized overnight express courier with a reliable tracking system; or (d) the next Business Day with a receipt of confirmation, if sent by e-mail or fax. 8.21.2. Notice to Countv. Unless otherwise specified, notice to the County shall be addressed to those listed on the signature page of this Contract and to the Oakland County Compliance Officer/Purchasing Division at 2100 Pontiac Lake Road, Waterford, MI 48328. 8.21.3. Notice to Contractor. Unless otherwise specified, notice to Contractor shall be addressed to: ? 8.22. Contract Modifications or Amendments. Any modifications, amendments, recisions, waivers, or releases to this Contract must be in writing, agreed to by both Parties, and added as a change order or amendment to this Contract. Unless otherwise agreed, the modification, amendment, recision, waiver, or release shall be signed by an expressly authorized Contractor Employee and by the same person who signed the Contract for the County or other County Agent as authorized by the Oakland County Board of Commissioners. 8.23. Precedence of Documents. In the event of a conflict between the terms and conditions in any of the documents comprising this Contract, the conflict shall be resolved as follows: The terms and conditions contained in this main Contract document shall prevail and take precedence over any allegedly conflicting provisions in all other Exhibits or documents. 8.24. Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Contract to enforce such judgment in any appropriate jurisdiction. 8.25. Entire Contract. This Contract represents the entire agreement and understanding between the Parties. This Contract supersedes all other prior oral or written understandings, communications, agreements or Contracts between the Parties. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 8.26. County Intellectual Property. Contractor shall have no copyright, patent, trademark or trade secret rights in County Intellectual Property. 86 8.27. Contractor Use of County Servicemark. 8.27.1. The County grants Contractor the non-exclusive right to use its servicemark, as it is depicted and listed in Exhibit V, on Contractor's uniforms or on publications (in any format) related to or associated with performance of this Contract. Permission to use the servicemark extends to use on the Contractor's website. 8.27.2. Contractor shall only use the servicemark in Exhibit V for the purposes described in this Contract and not for any other purpose. 8.27.3. Contractor acknowledges that the County has certain rights in the servicemark depicted in Exhibit V and that Contractor has no right, title or interest in the servicemark. 8.27.4. The servicemark covered under this Section shall be provided at no cost to Contractor. 8.27.5. Contractor's permission to use the servicemark in Exhibit V shall cease when the entire Contract is terminated and/or cancelled. Immediately upon termination and/or cancellation of this Contract, Contractor shall not display or depict the servicemark on its website or display, distribute or create any publication (in any format) or display, distribute or create other items that contain the servicemark. 87 The undersigned execute this Contract on behalf of Contractor and the County, and by doing so legally obligate and bind Contractor and the County to the terms and conditions of this Contract. FOR THE CONTRACTOR: BY: DATE: FOR THE COUNTY: BY: DATE: Michael J. Gingell, Chairperson Oakland County Board of Commissioners BY: DATE: Scott Guzzy, Purchasing Administrator APPROVED AS TO SCOPE OF CONTRACTOR SERVICES: DATE: Daniel J. Stencil, Executive Officer and Contract Administrator Oakland County Parks and Recreation 2800 Watkins Lake Road Waterford, MI 48328 88 EXIMIT I CONTRACTOR INSURANCE REOUIREMENTS The Contractor shall provide and maintain, at its expense, all insurance as set forth below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. 1. Commercial General Liability Occurrence Form including: a) Premises and Operations; b) Products and Completed Operations (including On and Off Premises Coverage); c) Personal and Advertising Injury d) Broad Form Property Damage e) Independent Contractors; f) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 — Each Occurrence Limit $1,000,000 — Personal & Advertising Injury $1,000,000 — Products & Completed Operations Aggregate Limit $2,000,000 — General Aggregate Limit $ 500,000 — Fire Damage Limit (Any One Fire) 2. Workers' Compensation insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 3. Commercial Automobile Liability insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non -owned automobile with a combined single limit of $1,000,000 each accident. 4. Commercial Umbrella/Excess Liability insurance with a minimum limit of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. 5. Liquor Liability insurance with a limit of $1,000,000 each occurrence. 6. Commercial Property insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 7. General Insurance Conditions: The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. a. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 89 b. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation, premiums, deductibles, or assessments under any form; c. Any and all deductibles or self -insured retentions shall be assumed by and be at the sole risk of the Contractor; d. All policies, with the exception of Workers' Compensation, shall be endorsed to name the County as additional insured; e. All policies shall be endorsed to provide a written waiver of subrogation in favor of County; f. The Contractor shall require their contractors, or sub -contractors not protected under the Contractors insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; g. Certificates of insurance must be provided no less than ten (10) working days prior to commencement of Contract and must bear evidence of all required terms, conditions and endorsements; and h. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best's rating of A. 90 EXHIBIT II SCOPE OF CONTRACTOR'S SERVICES & PARTIES RESPONSIBILITIES 1. Provision of Services. I.I. Exclusive Operation of Facilities. Contractor shall provide and shall have the exclusive right to provide Services at and for the operation of the Facilities (Conference Centers and Grill Rooms). 1.2. Quality of Service. The Services provided by Contractor under this Contract shall be of the highest quality and must be efficient and adequate to meet all reasonable demands of persons having Events at the Facilities or persons using the Facilities. 1.3. Equipment and Supplies. Contractor is responsible for providing the equipment and supplies to deliver the Services required by this Contract, which are not expressly required to be provided by the County herein. 1.4. Reservations. Contractor shall be responsible for making reservations and booking Events to be held at the Facilities. 1.5. Outdoor Events. As part of providing Services, Contractor must be able to accommodate and provide for Events outside the Facilities that are located on County Property, e.g., outdoor weddings and parties on patios. Contractor shall be responsible for all set-up and prompt clean-up of outside Events, including but not limited to, chairs, tables, decorations, and sound system/equipment. 1.6. Mobile Food and Beverage Cart/Stands. As part of providing Services, Contractor shall operate mobile food and beverage (alcoholic and non-alcoholic) carts or stands at Golf Courses located at the Facilities. The Parties shall create operational procedures for the carts or stands, which shall include pricing, products, times of operation, and rules for the operation, maintenance and storage of the carts or stands and costs associated therewith. OCPRC shall provide and maintain the carts and stands to be used by Contractor or Contractor Employees. 1.7. Service Report. The Contractor shall prepare a monthly report regarding Services at the Facilities. The report shall contain a computation of each month's Food and Beverage Fee broken into separate categories by food, alcoholic beverages, and non- alcoholic beverages; by Facility; by Event; by Conference Room; by Grill Room; and as otherwise requested by OCPRC. If there were no Services for a month, a monthly report still shall be generated and submitted stating this fact. The report shall be sent to the OCPRC Executive Officer by the 20th day of each calendar for the previous month's activity. 1.8. Special or Cultural Events at Facilities by OCPRC. 1.8.1. OCPRC may holdup to twelve special or cultural events at each Facility per calendar year. 1.8.2. OCPRC shall be responsible for planning the special or cultural events and for all costs associated with the events. Contractor acknowledges that OCPRC 91 may use other vendors to provide food or beverages (alcoholic or non- alcoholic) for the events. If Contractor is not providing food and beverages for a special or cultural event, OCPRC shall clearly indicate this fact in all marketing or advertising materials (electronic or written) for the event. 1.8.3. The Parties shall work together to schedule the special or cultural events at the Facilities to avoid date conflicts with Events at the Facilities. The calendar for the special or cultural events shall be provided to Contractor by November 1 each year for the following year's special or cultural events. 2. Marketing and Sale of Food and Beverages. 2.1. Contractor shall use its best efforts and take all necessary steps to further the sale of Services and food and beverages (alcoholic and non-alcoholic) at the Facilities, including but not limited to marketing, taking credit cards to pay for food and beverages, and when applicable, using mobile stands and carts to sell food and beverages (alcoholic and non-alcoholic). 2.2. Contractor shall prepare an annual marketing plan for the Facilities. The marketing plan shall be delivered to the OCPRC Executive Officer or his/her designee by October 31 for the following calendar year. The first marketing plan shall be due on or before October 31, 2015. The OCPRC Executive Officer or his/her designee shall review the marketing plan and provide comments back to Contractor about the plan. Contractor shall have at least a ten thousand dollar ($10,000.00) annual budget to implement the marketing plan for the Facilities. 2.3. The Oakland County Parks logo/servicemark must be included in all promotional literature. 2.4. The County may use the Facilities for cross marketing of County Parks, including but not limited to brochures, flyers, marketing displays, and other information. 3. Menus and Food Prices. Menus and food prices shall be reviewed by Contractor and the OCPRC Executive Officer or his/her designee annually and shall be mutually agreed upon. The prices must be similar to current community market pricing and, upon request; Contractor must provide document research support. 4. Hours of Operation. 4.1. Conference Centers. Contractor shall be available to provide Services at the Conference Centers three hundred and sixty-two (362) days a year. The three (3) days the Facilities may be closed by Contractor are Thanksgiving Day, December 25, and January 1. 4.2. Grill Rooms. Contractor shall provide Services at the Grill Rooms and keep the Grill Rooms open for the Service to the public when the respective Golf Courses, located by the Grill Rooms, are open for business. Set-up and clean-up for Services at the Grill Rooms shall occur before and after the respective Golf Courses' hours of operation. Contractor shall get the permission from the OCPRC Executive Officer or his/her designee to change Grill Room hours of operation. Contractor may also be asked to open and provide Services at the Grill Rooms for special events outside normal Golf Course hours of operations. Unless otherwise approved in writing by the 92 OCPRC Executive Officer or his/her designee, at no time while the Golf Courses are open to the public shall Services in the Grill Rooms be interrupted by a private party or closed to the public. If the OCPRC Executive Officer approves the closure of a Grill Room for a private party, Contractor shall still provide some form of Services for the Grill Room, but in an alternative location at the Facility. 5. Management and Staffing. 5.1. Contractor shall hire a manager or combination of management staff, with experience providing Services, to manage and conduct day-to-day operations at each Facility. A manager or assistant manager shall be present at all times when the Facilities are open for business. 5.2. Contractor shall provide an adequate number of employees and staff to efficiently and effectively perform the Services and responsibilities required under this Contract, including serving food and beverages to customers at the Facilities. 6. Uniforms & Training. At Contractor's sole expense, all Contractor Employees shall be issued uniforms with Contractor's logo, shall maintain appropriate appearance, and shall be properly trained for all customer service issues and delivery of Services, including the service of alcoholic beverages. 7. Brand Advertising. Contractor shall not use or permit product brand identification without the express prior written approval of OCPRC. 8. Contractor acknowledges that County has an exclusive contract with a company to provide non-alcoholic beverages at the Facilities. Contractor shall purchase its non-alcoholic beverages through the company as directed by County. Upon request of Contractor, County shall provide a copy of the contract with the company to Contractor. 9. Utilities and Services for the Facilities. 9.1. Contractor Furnished Services. Contractor shall furnish and pay for the following services to all the Facilities (including the Grill Rooms, but excluding the Golf Courses and Pro -Shops): 9.1.1. Garbage collection service; 9.1.2. Telephone; 9.1.3. Cable/Satellite; and 9.1.4. Internet Service. 9.1.5. Bills for the above -listed services shall be placed in Contractor's name. Contractor shall be solely responsible for and promptly pay for all services, when due. 9.2. OCPRC Furnished Services. OCPRC shall furnish and pay for the following services to all the Facilities for OCPRC use: 9.2.1. Garbage collection service; 9.2.2. Disposal of Used Grease and Oil; 9.2.3. Telephone; 93 9.2.4. Cable/Satellite; and 9.2.5. Internet Service. 9.3. Utilities. The County shall furnish the following utilities to all the Facilities: 9.3.1. Electricity; 9.3.2. Gas/Heat; and 9.3.3. Water/Wells/Water Filtration System 9.3.4. Sewer/Septic. 9.3.5. Bills for the above -listed utilities shall be placed in the County's name and the bills for the utilities shall be paid by OCPRC; provided that, Contractor shall reimburse OCPRC for all costs associated with the provision of gas, heat, electricity at all Facilities and municipal water and municipal sewer at White Lake Oaks (including the Conference Center, Restrooms, Grill Room and Pro - Shop, but excluding the Golf Course) in the manner set forth in Section 5 of the Contract. OCPRC shall be responsible for the costs of operation, maintenance, repair, and replacement of the septic system, well, or water filtration system located at Lyon Oaks. The Parties acknowledge that there are separate electric meters for operation and use at the Golf Courses located at the Facilities. The Parties also acknowledge that there is a separate water meter at White Lake Oaks for operation and use of the Golf Course and that there is a well at Lyon Oaks for operation and use of the Golf Course. Contractor shall not have to pay for electricity to operate the golf courses at the Facilities, including electricity to charge golf carts and water to irrigate the golf courses at the Facilities. 9.4. Generator. Contractor acknowledges that there are no generators at the Facilities and that OCPRC will not provide generators at the Facilities. 9.5. Interruption of Water Supply. If the water supply is interrupted at the Facilities, then Contractor shall be responsible for providing and paying for water needed to provide Services during the interruption. 10. Business Interruption Plan. Notwithstanding Section 8.9 of the Contract, Contractor shall create a business interruption plan to ensure the continuity of Services at the Facilities during a reasonably anticipated event, such as power outages. 11. Contract Performance Evaluation. Annually or more frequently as dictated by OCPRC, OCPRC shall perform an evaluation of the Services provided by Contractor under this Contract and Contractor's performance of its obligations contained herein. The Parties shall meet and discuss the conclusions of such evaluations and the steps that can be taken to implement the conclusions, if required. 12. Contractor Duties and Maintenance Responsibilities. Contractor shall perform the following duties and maintenance responsibilities: 12.1. Point -of -Sale Svstem. Contractor shall provide and maintain a point -of -sale system for the purchase of Services at the Facilities. 94 12.2. Floor/Carpet Cleaning. Contractor shall clean all carpets and all floors of the Facilities and provide all cleaning supplies and equipment for such cleaning on a daily basis or more frequently as needed. The carpets and floors shall be professionally cleaned at least once a year or more frequently as needed. Upon OCPRC request, Contractor shall provide documentation evidencing the professional cleaning. 12.3. Interior Custodial Services. Contractor shall clean the interior of all Facilities, including the windows, screens, exhaust hoods (outside surface and screens), and fire places and provide all cleaning supplies and equipment for such cleaning on a daily basis or more frequently as needed or required; provided that OCPRC shall provide annual maintenance and an annual cleaning for the grease traps and exhaust hoods and dispose of the used grease/oil. 12.4. Pest Control. Contractor shall provide and pay for pest control for the interior of the Facilities including the kitchens located therein. 12.5. Outside Area Cleaninia. On a daily basis or more frequently as needed, Contractor shall clean and keep free of garbage the area outside the Facilities that is designated by OCPRC for eating and drinking, including but not limited to cleaning the furniture located in such areas, rinsing the grounds in such areas, and picking up and disposing of the garbage in such areas. The cleaning shall be completed pursuant to OCPRC standards, which shall be provided to Contractor upon execution of this Contract and annually thereafter. 12.6. Restroom Cleaning. Contractor shall clean all restrooms at the Facilities (including restrooms for the Conference Centers, Grill Rooms, and pro shops) on a daily basis or more frequently as needed. Contractor supply all equipment and products for such cleaning. Cleaning shall include but not limited to mopping and sanitizing of floors, scrubbing of urinals and toilets, disinfecting the counters, sinks, dispensers, doors, and door handles, incorporation of automatic air fresheners, and regular checks for cleanliness and neatness documented. The cleaning shall be completed pursuant to OCPRC standards, which shall be provided to Contractor upon execution of this Contract and annually thereafter. Contractor shall provide all toilet paper, facial tissue, hand towels, and hand soap for all restrooms at the Facilities. 12.7. Disposal of Garbage. Contractor and Contractor Employees shall be responsible for transferring and placing all garbage in the appropriate receptacle and keeping the area immediately around such receptacles neat and clean. 12.8. Alarm Svstem. Contractor shall provide its own alarm system and security cameras, if desired. Contractor shall in no way change or tamper with either the door lock mechanisms or alarm systems provided by OCPRC. 12.9. Securing Facilities. Contractor is responsible for securing the Facilities every day, including but not limited to locking doors, securing gates, and setting alarms after Events. 95 13. OCPRC Duties and Maintenance Responsibilities. 13.1. Condition of Facilities Upon Contract Commencement. OCPRC shall provide the Facilities to Contractor in a clean condition with all carpets and floors professionally cleaned. 13.2. Facilitv Upgrades. Except as otherwise provided in this Contract, OCPRC shall be responsible for and pay for all physical and structural upgrades to the Facilities, including, but not limited to, replacement of bathroom fixtures, replacement of windows and screens, and building designs that might be required for such upgrades. 13.3. Facilitv Maintenance/Repair. Except as otherwise provided herein, OCRPC shall be responsible for maintenance, repair, replacement, and inspections for the Facilities including but not limited to, repair or replacement of windows and screens, repair or replacement of HVAC system, repair or replacement of roof, repair of electrical system, repair or replacement of plumbing system and repair or replacement of the restrooms fixtures, repair or replacement of fire places, and repair or replacement of elevators. 13.4. Eauipment Maintenance/Repair/Replacement. OCPRC shall be responsible for the maintenance, inspections, repair, and replacement of the equipment affixed to the Facilities, including kitchen equipment affixed to the Facilities, exhaust hoods, and grease traps. 13.5. Sound Svstem. Except for the golf courses located at the Facilities, Contractor shall provide, pay for, (unless already provided), maintain and replace a public address and/or sound system, including equipment, for the Facilities. 13.6. Fire Suppression. OCPRC shall be responsible for providing, repairing, and maintaining fire extinguishers, fire suppression systems, and/or ansul fire suppression for the Facilities as it deems necessary and as required by law. 13.7. Odors. If any unusually strong odor develops due to sewer gases or other reasons which are not caused by Contractor, OCPRC will take the necessary measures to expeditiously mitigate such odors at its expense. 13.8. Locking Mechanisms for Facilities. OCPRC shall be responsible for providing, repairing, and maintaining locking mechanisms for the doors of the Facilities. OCPRC shall provide keys or key cards for the locking mechanisms to Contractor and Contractor Employees pursuant to OCPRC key policy. 13.9. Light Fixtures. OCPRC shall be responsible for providing, repairing, and maintaining all light fixtures in, around, and outside the Facilities, including bulb replacement. 13.10. Window Treatments. OCPRC shall provide and pay for the window treatments (blinds, drapes, etc.) at the Facilities. OCPRC shall repair and replace the window treatments regardless whether the window treatments were provided by OCPRC or Contractor. Upon termination and/or cancellation of this Contract, all window treatments shall be the property of the County, regardless of who purchased or paid for the window treatments. 96 13.11. Interior Decorations/Furniture. OCPRC shall provide, replace, maintain, and pay for (in OCPRC's sole discretion) all interior decorating and interior decorations. For purposes of this Contract interior decorations shall mean furniture, televisions for Grill Rooms, pictures, wall hangings, plants, seasonal decoration and other decorations at the Facilities. Upon expiration of this Contract, all interior decorations located in or around the Facilities shall be the property of the County, regardless of who purchased or paid for the interior decorations. Upon execution of this Contract, the Parties shall meet and create a document to generate an interior design plan for the Facilities. 13.12. Paint/Wallpaner/Wall Coverings. OCPRC shall provide, pay for and replace (in OCPRC's sole discretion) interior paint, wallpaper and/or wall coverings at the Facilities. 13.13. Flooring/Carpet. OCPRC shall be provide and pay for (in OCPRC's sole discretion) the repair or replacement of flooring and carpeting at the Facilities. 13.14. Exterior Maintenance/Repairs. OCPRC shall be responsible for all exterior maintenance, repairs and replacements to and around the Facilities or to or around the property on which the Facilities are located, including cleaning of parking lots, exterior painting, exterior lighting, exterior window cleaning, canopy, parking lots, snow removal, signs, decorations and landscaping. 14. Equipment Provided by OCPRC. All equipment, furniture, decorations and other items provided by OCPRC for use by the Contractor, under this Contract, shall remain the property of the County. 97 . . ........ ... ... i U O 265 O it O 4 Arm C� U 4.i O� U br eC 1 O p.1�11R1� C OFFICE N OFF Ism I J58 Room 5 437 145 14 SI Egg 205 Kitchen 2400 Lpf _ L23-5 193 O I 0 ice 40 195 96 126 PRO BHP 1 676 SO Ff n LJ C Grill Room 1015 C C �ui 98 ^o 0 o Receiving a e� 366 v m G� it LU e-I CG � U Y , - - 1DD 1DD cCart Storage 7127 1D0 Liquor Storage �� Kitchen — — Office 66 � Storage z99 vl eri s ,estroc� 49 0 0 Storage wome 99 3 r" ;estro 49 z ILn Elect cal 51 pElevator a Stairs 175 70 99 f lec. Room 52 UMY 1132 305 SvmwIgTUM 162torage 254 108 150 r Hallway 476 - - 62JIM Unisex �, �9 5 S V men's Fte®oBLFFff WN 3 213 468 176 MeWelt eft omen's P�en's t5li � o93 - 8931113 199 $T u LCW I � 1 GF= R w W" 9w M3 5r W VT am SYT 197 1STWAa—I 41 IV r 100 EXHIBIT IV FOOD & BEVERAGE EQUIPMENT & SUPPLY INVENTORY LIST Park: Lyon Oaks Facility: Banquet & Grill Room Quantity Item Description 1 Walkin Freezer in kitchen 4 Walkin Refriqerator 1 in kitchen, 3 in basement hall 1 2 Door Reach In Refriqerator Refriqerator with 2 wheeled quick serve racks 1 Ice Machine Basement hall 1 Ice Machine Upstairs in kitchen 1 Bread Warmer 4 door bread warmer 1 Warmer Food Holdinq Unit 1 Slicer Food slicer with SS 36x30 table 1 Mixer Food mixer with acc. and SS 27x32 table 2 Steamer Double stacked with SS rack 6 Convection Ovens Double stacked 1 Tilt Skillet 43" tilt skillet 2 Oven/Stove 32" 6 burner stove with Oven and top grill 1 Flat top qrill/Oven 32" flattop qrill with Oven 1 Deep Fryer 47" 2 basket frier with 1 holdinq tray 1 Char Grill 48" Char qrill 1 Coffee maker Commercial coffee maker 1 Sandwich prep Island 26' lonq SS Island with two 4 door coolers and 4 6 heat lamps heat lamps mounted to above prep island. 1 Prep tables SS 42"x132" Prep table 2 Prep tables SS 42"x90" prep tables 1 Bread warmer 2 drawer warmer built into prep counter top 1 Food holder Heated, 3 tray 4 Reachin coolers Bar beer storaqe coolers, 2 in each bar area 1 Chiller Glass chiller for bar glasses 2 Microwave Countertop 1 plate warmers Portable plate warmers 1 plate warmers Portable plate warmers 1 plate warmers Portable plate warmers 1 Heater Dishwasher booster heater 1 Grill Portabel LP 32" Grill 1 Dishwasher 101 EXHIBIT IV FOOD & BEVERAGE EQUIPMENT & SUPPLY INVENTORY LIST Park: White Lake Oaks Facility: Banquet Center Quantity Item Description 1 Mixer Mixer with accessories and SS table 1 Ice machine 208/230v 8 Convection ovens 4 Double stacked natural gas 2 Cabnet steamers Double stacked vegitable steamers 1 40" tilt Brazing pan Brazing skillet, 120v, nat. gas 1 6 burner range Natural gas with oven and top grill 1 flat top griddle Natural gas with oven 1 char flame grill 48" natural gas char flame grill 1 Double deep frier Natural gas Sandwich prep table, with 1,3 and 1,4 door coolers 1 Prep island and 2 cooled drawers, and plate warmers (4 door) 3 Plate warmers 120v Portable plate warmers 4 heat lamps 120v, 42" mounted on two SS prep tables 18 heat lamps 120v, 36" on prep table island 1 Dishwasher 208v, 3ph 1 Booster heater 27Kw, 208 3ph, Booster heater for dishwasher 2 bread warmers 2 drawer under cabinet style bread warmers 2 beer coolers grill room bar 1 Reach in cooler With 2 portable racks 2 Portable racks Racks for above cooler 2 walk in coolers 1 Walk in freezer 1 Line table 24"x32" SS Table in line 102 EXHIBIT V COUNTY SERVICEMARK C=� "AKLAND COUNTY PARKS 103 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name ACC Architectural Improvements $70,000 ACC Kitchen Storage Facility - Design $13,000 ACC Garden/Entrance Landscape Renovation - Design $25,000 Description of Project Architectural improvements for the previously approved structural reinforcement of the conference center roof. Design/engineering for an approximate 300 SF (24'x12') addition on the existing kitchen cooler storage facility connected to and located north of the existing conference center building's kitchen area to meet existing health and liquor code requirements. Complete landscape planting bed renovation of the existing entrance, courtyard and garden areas, including irrigation, lighting, drainage, brick paver reinstallations, step refurbishment and garden wall replacement. Approval Status Subs Due to the change in the liquor license, secure storage is required for all alcoholic beverages This project is postponed until further notice due to completion of other critical projects. 3/31/2015 104 Pending FY2015 Capital Project Summary Item #10D Cost Capital Improvement Program Center Project Name Description of Project Approval Status ADD Campground -Pull -through Sites -Construction $85,000 ADD Campground -Concrete Pads -Construction $105,000 ADD Beach Concession Building Roofing Replacement Construction of pull -through sites in camping section A Approved by the Commission and is that utilizes existing campsites with the co " a new gravel road Phased Installation of concrete RV pads, similar to Groveland Oaks Section A, including earthwork, base concrete and restoration As part of the FY2015 Roofing Management Program ($150,000), staff have identified, prioritized and are working with the OC Facilities Planning and Engineering staff to complete the removal/replacement of the asphalt shingles on the existing Addison Oaks Beach Concession Building ($43,500). Approved by the Commission and is substantially complete New capital replacement project as funded under the FY2015 Roofing Management Program 105 3/31/2015 Pending FY2015 Capital Project Summary Item #10D Cost Capital Improvement Program Center Project Name Description of Project Approval Status As part ofthe FY2015 Roofing Management Program ($150,000), staff have identified, prioritized and are New capital replacement project as ADD Section C Restroom working with the OC Facilities Planning Engineering funded under the FY2015 Roofing staff to complete the removal/replacement of the Management Program asphalt shingles on the existing Addison Oaks Sec C Restrooms ($17,900). Replacement of an existing non -compliant fuel tank utilized by park maintenance staff -Work to be Bidding currently in progress as part of a ADD completed in conjunction with ADD Maintenance Yard Pavement Management Program project Fuel Tank Replacement -Construction $65,000 paving project. to repave the existing maintenance yard. Design and Construction of Addison Oaks Maintenance New capital replacement project as Yard repaving ($150,000) as funded within the ADM, funded under the FY2015 Pavement_ ADD Maintenance Yard Repaving Parkwide pavement replacement program ($300,000) Management Program. 'Conceptual for failing and end of life -cycle pavement as review and approval by the commission coordinated and managed by Oakland County Facilities has not yet been scheduled. Engineering & Planning staff. Parkwide phased EMS system upgrade, to meet the ADM current OC energy management policy, cost recovery, Replacement of outdated equipment Energy Management System Upgrade (Phase 11) minimizing on -call response times, utilizing new technoloy to meet county -wide energy $66,000 monitioring technology usage standards and policies. Parkwide pavement replacement program for failing and end of life -cycle pavement as coordinated and Annual pavement replacement projects, ADM Pavement Management Program $300,000 managed by Oakland County Facilities Engineering & managed by Facilities Planning & Planning staff. Engineering (General Fund). Parkwide roof replacement program for failing and Annual roof replacement projects, ADM Roofing Management Program $150,000 end of life -cycle roofs, as coordinated and managed by managed by Facilities Planning & Oakland County Facilities Engineering & Planning staff. Engineering (General Fund). 3/31/2015 106 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name Description of Project Approval Status Parkwide building equipment replacement program Annual building equipment replacement ADM Building Equipment Replacement Program for failing and end of life -cycle equipment, as projects, managed by Facilities $37,000 coordinated and managed by Park Facilities Maintenance Preventative Maintenance Maintenance Staff. Unit. Parkwide fenceline replacement program for failing Annual fenceline replacement projects, ADM Fenceline Replacement Program $150,000 and end of life -cycle fences, as coordinated and managed by variours park chief's and managed by park Facilities Maintenance staff, staff. Design/engineering for the Installation of an Design/engineering proposals are underground irrigation system for the Recreational currently under review by staff with a CAT Phase II - Irrigation System - Design $20,000 recommendation presented to the Fields as part of the Phase II development plan identified in the approved January 2011 Business Plan. Commission in March of 2015, to meet the goal of a spring 2016 opening. Design/engineering for the renovation of the existing Construction is scheduled for the fall of Phase II - Recreational Fields - Construction Recreational Fields as part of the Phase Il development 2015 after soccer leagues are complete, CAT $800,000 plan identified in the approved January 2011 Business therefore FY2015 funds to be postponed Plan. until FY2016. Design/engineering for the renovation of the existing Design/engineering proposals are Recreational Fields as part of the Phase Il development currently under review by staff with a CAT Phase II - Recreational Fields - Design $80,000 recommendation presented to the plan identified in the approved January 2011 Business Plan. Commission in March of 2015, to meet the goal of a spring 2016 opening. Design/engineering for the Installation of an Construction is scheduled for the fall of Phase II - Irrigation System - Construction underground irrigation system for the Recreational 2015 after soccer leagues are complete, CAT Fields as art of the Phase II development Ian therefore FY2015 funds to be postponed $200,000 p p p p p identified in the approved January 2011 Business Plan. until FY2016. 3/31/2015 107 Pending FY2015 Capital Project Summary Item # 10 D Cost Center G LC Capital Improvement Program Project Name Description of Project Complete renovation of the existing failing paved parking lot for the Golf and Conference Center, including all necessary ordinance and storm water Parking Lot Improvements -Construction $310,000 Corr GLG Parking Lot Improvements -Construction $310,000 GRV Paved Connector Trail Approval Status Staff are finalizing concept drawings and budget for conceptual approval by the Commission scheduled for Feburary 2015 An addition to the paved safety path which was part of the FY2014 Pavement Maintenance Program, as identified and prioritized by staff. This 760 linear foot extension of the FY2014 path along the main park road Extension of an existing capital trail to the boat launch and paved loop trail around Stewart project as funded under the FY2015 Pavement Management Progam. Lake is funded under the FY2015 Pavement Management Fund and provides a safe pedestrian route along the main gravel road. 2/31/2015 108 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name GRV Section A Restroom Building Roof Replacement GRV Beach Concession Building Roofing Replacement Description of Project As part of the FY2015 Roofing Management Program ($150,000), staff have identified, prioritized and are working with the OC Facilities Planning and Engineering staff to complete the removal/replacement of the asphalt shingles on the existing Groveland Oaks Sec A Restroom Building ($14,300). As part of the FY2015 Roofing Management Program ($150,000), staff have identified, prioritized and are working with the OC Facilities Planning and Engineering staff to complete the removal/replacement of the asphalt shingles on the existing Groveland Oaks Beach Concession Building ($36,800). Approval Status New capital replacement project as funded under the FY2015 Roofing Management Program New capital replacement project as funded under the FY2015 Roofing Management Program Phased construction to replace the electrical/water system of campground Sections A (24 sites), B (28 Campground -Utility Improvements -Construction Approved in December 2014 and GRV sites), & C (58 sites), to meet the requirements of the $680,000 construction began January 5, 2015. modern RV power requirements, including the consideration of other site utilities. 3/31/2015 109 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name Description of Project Approval Status Currently pending for inter -local agreement, therefore design/engineer is Construction of approximately 1.6 miles of expected to begin after agreement Upper Bushman Boardwalk/Trail Phase II-Constr. asphalt/boardwalk trail access along Sashabaw Road approval in FY2015, with construciton to IND $1,586,335 from the newly acquired Independence North Property begin, at the earliest, sometime in to the Main Entrance of the park. FY2016, Therefore approximately $1.2 million will be postponed from FY2015 until FY2016. Replacement of approximately 100 linear feet of 8' Currently under construction by in-house LYG Boardwalk, Replacement -Construction $25,000 wide golf cart boardwalk, due to inadequate base post carpenters and trades. Did not required construction resulting in irregular frost heaving of the Commission approval since materials deck. expenditures are under $100,000. RDG Golf Netting, Replacement -Construction $30,000 Replacement of approximately 150 Linear feet of 60' Bids currently under review by Chief's high golf netting. and park staff. Design engineering of Lyon Oaks Golf/Conference Center Parking lots ($24,000) funded within the New capital replacement project as FY2015 Pavement Management Program ($300,000) funded under the FY2015 Pavement LYG/LYC Parking Lot Replacement Design/Engineering for failing and end of life -cycle pavement as Management Program. Conceptual coordinated and managed by Oakland County Facilities review and approval by the commission Engineering & Planning staff. has not yet been scheduled. LED Entrance Sign at Nature Center-Design/Constr. Design and installation of LED entrance sign for the Scheduled to be installed with the RDP $30,000 Nature Center parking lot expansion. 3/31/2015 110 Pending FY2015 Capital Project Summary Item # 10 D Cost Center RDP Capital Improvement Program Project Name Description of Project Approval Status Parking Lot Expansion -Construction NC $525,000 Construction of an initial 200 parking space lot for the Staff are finalizing concept drawings and Nature Center to improve pedestrian and vehicle budget for conceptual approval by the circulation for operations and programming. Commission scheduled for February 2015 RSE Boardwalk, North Connector -Construction $160,000 RWP Concession Remodeling - Design $53,000 Design and installation of approximately 450 linear Currently scheduled for construction in the sprng/summer 2015 by in-house feet of 10 wide boardwalk with railings, connecting the carpenters and trades. Bulk purchase of northern, land -locked parcel of land, aka Holly School Property. lumber and materials complete for both FY2015 Boardwalk projects (LYG/RSE). Design/engineering for the remodeling of the existing 2,550 square foot concession building (30x85), including central food service hub for remote concessions, kitchen equipment, retail sundries area and patron queing area. For FY2015 operation of the concessions at Red Oaks Waterpark, Waterford Oaks Waterpark and Groveland Oaks Concessions, phase I construction approval to be presented to the Commission, February 2015. 3/31/2015 111 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name Description of Project Approval Status Design/engineering of a new 16'x20' family restrooms This project is postponed until further RWP Restroom-River Pumphouse-Design $12,000 off existing pumphouse facility as conceptually notice due to completion of other critical designed by DLZ. projects. Design/engineering and bidding to be Wave Pool -Wave Equipment Replacement-Constr. Replacement of the existing 30+ year old wave making completed spring/summer for RWP $325,000 equipment Commission conceptual approval in July SAC Horse Bldg. K Construct -Construction $200,000 SAC Dam Improvements - Design $30,000 2015. Replacment schduled after pool operations in September. Construction of an indoor/covered practice facility, Design/engineering scheduled to be including all necessary site improvements/utilities, in completed in FY2015 with postponing the collaboration with the 4-H Horse Council and their construction until further notice due to current funding of approx. $40K, to be located near other critical projects. the existing 4-H Horse Barn. Design/engineering for the first phase of improvements identified by SME of the removal and replacement of existing deteriorating water spillway and other site restoration, in collaboration with Springfield Township Officials/Board. Design/engineering pending interlocal agreement as presented at the January 2015 commission meeting. Commission approval will be scheduled upon coordinaton of project with Springfield Township. 3/31/2015 112 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name SAC Public Address System - Design $30,000 SAC LED Entrance Sign at Activity Center- Design/Constr. $30,000 Description of Project Design/engineering for a new facility -wide public address system for emergency preparedness, event annoucements and cross -marketing of park -wide recreational opportunities, replacing an existing system that does not meet coverage areas of the park. Approval Status This project is postponed until further notice due to completion of other critical projects. Based on RCOC traffic counts, staff are proposing to install this sign at the Red Design and installation of LED entrance sign for the Oaks Golf Course on John R, in Activity Center conjunction with the sign for the Red Oaks Nature Center on 13 Mile Road. WLG Golf Netting, Replacement -Construction $30,000 Replacement of approximately 150 Linear feet of 60' Bids currently under review by Chief's high golf netting, located along hole #1. and park staff. W LC/ WLG South Parking Lot Repaving W LC/ WLG North Parking Lot Design Engineering Repaving of White Lake Oaks Golf/Conference Center South Parking lot ( $80,000) as funded within the ADM Parkwide pavement replacement program ($300,000) for failing and end of life -cycle pavement as coordinated and managed by Oakland County Facilities Engineering & Planning staff. New capital repaving project as funded under the FY2015 Pavement Management Program Design of White Lake Oaks Golf/Conference Center New capital replacement project as North Parking lot ( $30,000) as funded within the ADM funded under the FY2015 Pavement Parkwide pavement replacement program ($300,000) Management Program. Conceptual for failing and end of life -cycle pavement as coordinated and managed by Oakland County Facilities review and approval by the commission has not yet been scheduled. Engineering & Planning staff. 3/31/2015 113 Pending FY2015 Capital Project Summary Item # 10 D Cost Capital Improvement Program Center Project Name Description of Project Approval Status WWP Concession Remodeling - Design $37,000 Design/engineering forthe remodeling of the existing 2,100 square foot concession building (28x75), including central food service hub for remote concessions, kitchen equipment, retail sundries area and patron queing area. For FY2015 operation of the concessions at Red Oaks Waterpark, Waterford Oaks Waterpark and Groveland Oaks Concessions, phase I construction approval to be presented to the Commission, February 2015. 3/31/2015 114 FY2015 Capital Improvement Program Program Management Report (as of 3/31/2015) Capital Improvement Program Cost CIP# Project Title Con Roofing Management Program 2145 ADD Beach Concession Roof Replacement 2146 ADD Section C Restroom/Shower Roof Replacement 2148 GRV Section A Restroom/Shower Roof Replacement 2147 GRV Beach Concession Roof Replacement 2144 SAC Davis House Roof Replacement ($60,200) Project Total/Program Balance Pavement Management Program 2023 ADD Maintenance Yard Repaving 2024 GRV Asphalt Safety Path 2151 LYC Parking Lot Replacement - Design (FP&E) 2152 LYG Parking Lot Replacement - Design (FP&E) 2153 WLC South Parking Lot Repaving 2154 WLG South Parking Lot Repaving 2149 WLC North Parking Lot Improvements - Design (FP&E) 2150 WLG North Parking Lot Improvements - Design (FP&E) Project Total/Program Balance Building System Replacement Program 2115 ACC Water Heater Replacement 2117 ADD Maintenance Building Boiler Replacement 2116 IND Boat House Boiler Replacement 2118 IND Maintenance Building Tube Heater Replacement 2114 SPG Rental House Furnance Replacement Project Total/Program Balance Energy Management Upgrade Phase II 2018 CAT EMS Upgrade 2019 RDP EMS Upgrade 2020 WLC EMS Upgrade 2017 WTR EMS Upgrade Project Total/Program Balance Fenceline Replacement Program Pending RWP River Bridge Handrail Replacement Pending RWP River Ornamental Cable Replacement Pending RWP Handrail Pending WTR Accessible Playground Handrail Replacement Project Total/Program Balance Total Program Balance Item #100 Project Program Program Budget Budget Balance $ 150,000 $ 43,500 $ 17,900 $ 14,300 $ 36,800 150,000 35,000 12,000 12,000 40,000 40,000 15,000 15,000 $ 13,000 $ 10,200 $ 12,000 $ 8,800 $ 9,300 $ 13,900 $ 14,450 $ 18,200 $ 13,850 20,000 23,000 12,000 25,000 $ 112,500 $ 37,500 $ 300,000 $ 319,000 $ (19,000) $ 37,000 53,300 $ (16,300) 66,000 60,400 $ 5,600 150,000 80,000 $ 70,000 $ 77,800 115 101G1►�AGI log Iukel�l\Ir1 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 AGENDA ITEM NO. 10 E ADMINISTRATION — BUSINESS OPERATIONS To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Phil Castonia, Chief of Business Operations Submitted: April 1, 2015 Subject: Informational - CAPRA Accreditation Key Initiative INTRODUCTION AND HISTORY As part of the key initiatives discussion at the March Commission Meeting, it was requested that staff report back to the Commission at the April 14, 2015, OCPR Commission meeting with additional information on the Accreditation Process including costs. Chief of Business Operations, Phil Castonia, who is Co -Chairing the team with Donna Folland, will make a short presentation at the meeting which will include a short five-minute video about Accreditation. The Commission for Accreditation of Park and Recreation Agencies (CAPRA) standards for national accreditation provides an authoritative assessment tool for park and recreation agencies. Through compliance with the standards of excellence, CAPRA accreditation assures policy makers, department staff, the general public and tax payers that an accredited park and recreation agency has been independently evaluated against established benchmarks as delivering a high level of quality. Every park and recreation agency, whatever its focus or field of operation, is rightfully concerned with the efficiency and effectiveness of its operations. With the importance of park and recreation programs and services to the quality of life, each agency has an essential role in the lives of the people it serves. CAPRA accreditation is a quality assurance and quality improvement process demonstrating an agency's commitment to its employees, volunteers, patrons and community. Accreditation is based on an agency's compliance with the 151 standards for national accreditation. To achieve accreditation, an agency must comply with all 37 Fundamental Standards, which are indicated by the star (*) icon in the CAPRA publication, and at least 85 percent of the remaining 114 standards (97). CAPRA accreditation is a five-year cycle that includes three phases: development of the agency self - assessment report, the on -site visitation, and the Commission's review and decision. ATTACHMENTS • Overview and Benefits CAPRA Accreditation 116 Overview of the Agency Accreditation Process The Commission for Accreditation of Park and Recreation Agencies (CAPRA) standards for national accreditation provide an authoritative assessment tool for park and recreation agencies. Through compliance with the standards of excellence, CAPRA accreditation assures policy makers, department staff, the general public and tax payers that an accredited park and recreation agency has been independently evaluated against established benchmarks as delivering a high level of quality. Every park and recreation agency, whatever its focus or field of operation, is rightfully concerned with the efficiency and effectiveness of its operations. With the importance of park and recreation programs and services to the quality of life, each agency has an essential role in the lives of the people it serves. CAPRA accreditation is a quality assurance and quality improvement process demonstrating an agency's commitment to its employees, volunteers, patrons and community. Accreditation is based on an agency's compliance with the 151 standards for national accreditation. To achieve accreditation, an agency must comply with all 37 Fundamental Standards, which are indicated by the icon in this publication, and at least 85 percent of the remaining 114 standards (97). CAPRA accreditation is a five-year cycle that includes three phases: development of the agency self - assessment report, the on -site visitation, and the Commission's review and decision. The on -site visitation follows the agency's development of its self -assessment report. If accreditation is granted by the Commission at its meeting following the on -site visit, the agency will develop a new self -assessment report and be revisited every five years. Within each of the four years between on -site visits, the agency will submit an annual report that addresses its continued compliance with the accreditation standards. 1. Preliminary Application Initial Application $100 2. Self -Assessment The agency undertakes a self -assessment study. This is the key phase because it engages the entire agency (employees, volunteers, citizen boards, and committees) in assessing the agency's effectiveness and efficiency. The agency has 24 months from the date of the preliminary application to submit their completed self -assessment workbook. In January of the year in which the accreditation review takes place, the agency will be invoiced for the review fee based on a sliding fee scale shown below. Initial Review Fee $3,300 3. Visitation/On-site Evaluation A peer review is performed by a Commission -approved visitation team to validate the degree to which the agency meets each applicable standard. The team prepares a report based on the findings of their on -site review. The agency is responsible for paying travel and related expenses for the team members. Initial Visitors Cost $6,000 i I IFA 4. Accreditation Based upon the total review process, the Commission makes the decision to 1) accredit, 2) accredit with conditions, 3) defer decision, or 4) deny accreditation. Once accreditation is granted, an agency must repeat a similar process every five years in order to maintain its accreditation. 5. Annual Report Once accredited, agencies are required to submit annual reports. The annual report identifies any significant changes within the agency relating to the accreditation standards. The agency is responsible for submitting the annual report along with an annual fee based on a sliding scale fee (shown below) at the beginning of each calendar year. A notice will be sent out to the agency contacts in January with a link to the online Annual Report form and an invoice will be sent to the agency for the fee. Annual Report Fee $600 Investment Summary Initial Application $100 One Time Review Fee $3,300 Once Every 5 Years Visitors Cost $6,000 Once Every 5 Years Annual Report Fee $600 Every Year The average annual investment would be approximately $2,360 based on the above numbers. Benefits of CAPRA Agency Accreditation Agencies cite many reasons for seeking external recognition of their operations, programs and services. The following lists outline some of the most common reasons. Following this are testimonials attesting to the real value of agency accreditation and how agencies universally report that the "benefits far outweigh the costs of accreditation." Benefits for our residents and visitors: • Assurance and validation of well -administered services in accord with approved professional practices • Potential for external financial support and savings to the public • External recognition of a quality governmental service • Holds and agency accountable to the public and ensures responsiveness to meet their needs • Improves customer and quality services Benefits to Oakland County Parks: • Public and political recognition • Increased efficiency and evidence of accountability • Answers the question, "How are we doing?" through extensive self -evaluation • Identifies areas for improvement by comparing an agency against national standards of best practice • Enhances staff teamwork and pride by engaging all staff in the process • Creates an environment for regular review of operations, policies and procedures, and promotes continual improvement • Forces written documentation of policies and procedures 118 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Jeremy Brown, Assistant Park Supervisor Submitted: April 7, 2015 Subject: County Market Programs and Operations INTRODUCTION AND HISTORY AGENDA ITEM NO. 10 F OAKLAND COUNTY MARKET A brief presentation on the programs and operations of the Oakland County Market will be given at the OCPR Commission meeting on April 14, 2015. The following topics will be covered: 1. Programs The Oakland County Market is scheduled to host more than 60 programs and events in 2015. These include special events such as Oakland Uncorked, Farm to Fork, & Destination 4-H. Educational programming such as cooking demos, Master Gardener activities, health awareness, conservation information are scheduled. Additional opportunities for community involvement include a mom to mom sale, community garage sales, holiday shopping nights and more. The Market is able to offer this amount of programming through the collaboration of many different organizations including: • Waterford Area Chamber of Commerce • Clarkston SCAMP • Great Lakes Agriculture Fair Board Association • Michigan State University Extension • Oakland County 4 - H • Oakland Conservation District • Healthy Oakland Partnership • Oakland County Health Division 2. Food Assistance Benefits The acceptance of food assistance benefits at the market has been a huge success. These programs allow over 1.9 million people on food assistance benefits in Michigan access to healthy, locally grown produce. Not only have we been able to put produce into the hands of people that need it the most it has also put additional dollars into the pockets of the vendors. The market had over $35,000 in food assistance sales in 2014. The following is the 2014 economic impact of each of the programs the market participates in: a. SNAP/EBT — $17,335 b. DUFB - $14,302 c. Market Fresh/Project Fresh - $3,678 119 Page 2 ® o 3. Winter Market This winter is the first time the market has operated as a farm market since the discontinuation of the flea market. The winter market has seen an average attendance of 300 people per market day. While this is less than an average summer market day it is 4 times the average of 75 guests that attended the now discontinued flea market. Vendor participation has averaged 10 vendors per market day. To create awareness of the winter market the Market has collaborated with Edible WoW magazine in hosting cooking demonstrations twice a month with local restaurants. This has been successful in bringing on average 50 people to the market for each demonstration. The market also hosted the Winter Classic BBQ rib competition on March 15, 2015 to generate additional awareness and revenue. Please see the attached Market Regulations, Spring Vendor Newsletter and 2015 Market Brochure for program and operations information. 120 May 3 Mom 2 Mom: 8 a.m.-1 p.m. Save on children's clothing, toys and furniture or rent space and make a little money while selling outgrown and unused items of your own. 17 Flower Day: 7:30 a.m.-2:30 p.m. Make your garden the envy of the neighborhood with a wide variety of plants, flowers and garden art. 31 Flower Day: 7:30 a.m.-2:30 p.m. June 13 Community Garage Sale: 9 a.m.-2 p.m. One person's junk is another person's treasure! July 11 Food Truck Rally: 9 a.m.-1 p.m. Food trucks .from around the area will be on -site for everyone to enjoy while shopping at the market. Enjoy Oakland County Parks & Recreation inflatables—socks required! 19 Community Garage Sale: 9 a.m. 2 p.m. Lots of great finds under one roofl 25 Healthy Oakland Partnership's Family Day:10 mm.-1 p.m. Enjoy fitness demonstrations, inflatables and healthy cooking recipes. Eligible participants receive a $5 coupon for the purchase of locally grown produce. August 8 Corn Roast: 10:30 a.m.-12:30 p.m. Enjoy a complimentary ear of corn provided by our market farmers —one per person while the com lasts! 14 Uncorked: 7-10 p.m. Experience the best that Oakland County has to offer in culinary food and fine wines while appreciating the farm market atmosphere. Register online at www.WaterfordChamber.org or call 248.666.8600. 23 Destination Cruisin' @ the Market: 11 a.m-3 p.m. Calling all automobile enthusiasts to spend the afternoon checking out all different makes and models of collectible cars! Market vendors will be on -hand so come ready to shop!! September 16 Farm to Fork: 6-9 p.m. A "taste" from Michigan farmers partnered with local restaurants and topped off with select Michigan wines as well as an opportunity to purchase local agricultural projects. 20 Community Garage Sale: 9 a.m.-2 p.m. You may just find that something special you never knew you needed! October 4 Destination 4-H: Noon-4 p.m. Learn about 4-H program opportunities and gain experience with hands-on activities as well enjoy inflatables and a climbing wall. 17 Trick or Treating @ the Market: All Day. Have fun safely with the vendors at the Oakland County Market. December 3 Holiday Shopping Night: 4:30-7:30 p.m. A special holiday evening market with gifts, foods and morel 10 Holiday Shopping Night: 4:30-7:30 p.m. Find that unique item for everyone on your shopping list while supporting local small businesses. Be Healthy Being outdoors in the fresh air and sunshine improves health and fitness. Shopping at the Oakland County Market helps strengthen families physically with healthy food choices and socially by spending time together. The market provides opportunities for people of many different cultures to interact with each other. New Vendors Interested in becoming a vendor at the Oakland County Market? Visit Destination0akland.com/countymarket for a vendor application or call 248.858.5495. Rent the Market The Oakland County Market is now available for rent! This unique venue is ideal for parties, weddings and showers, or for meetings. Available are 7,000 square feet of indoor space and a 6,400 square foot outdoor pavilion. Contact market staff at 248.858.5495 or ocmarket@oakgov.com for rates and reservations. COMMISSIONERS Member Gerald A. Fisher, Chairman Eri3let kl9aa J. David VanderVeen, Vice Chairman iers John A. Scott, Secretary A. David Baumhart III Christine Long Ron Fowkes Gary R. McGillivray Robert E. Kostin Jim Nash Daniel J. Stencil, Executive Officer ADMINISTRATIVE OFFICES auamnMw 2800 Watkins Lake Road Waterford, MI 48328-1917 7 248.858.0906 1.888.00PARKS 02/15 J i� _7`-aj 7 4 .mil✓ � IF From Farm to Family Oakland County Market is a mainstay for providing grower -direct fresh produce and flowers to county residents and visitors. The market hosts more than 140 farmers and artisans, representing 17 Michigan counties. A producer -direct market, participating vendors must grow or make the products that they bring for sale during the main season (May —October). During the off season (November —April), vendors may bring approved farm market type items not produced by themselves. More than just fruits and veggies Shoppers will find fresh vegetables, fruits and baked goods as well as flowers, artisan crafts and more. Spend the day at the market and enjoy a breakfast sandwich or barbeque lunch served by market vendors. The market also hosts many special events and educational programs, and can be rented by the public for various purposes. Not all vendors participate in the market year-round; many are seasonal. Answers for you Information at Stall #15: • SNAP/EBT market tokens • Market and Oakland County Parks and Recreation information • Vendor information • Sign up for monthly email messages Food Assistance benefits at the Market Special benefits available June 1—Oct. 31 To ensure access to healthy foods for all, the Oakland County Market is proud to accept food assistance benefits, including: SNAP/EBT available year -rounds o This Supplemental Nutrition Assistance s Program (SNAP) is the nation's largest. SNAP Market tokens can be obtained at Stall _ #15 located inside of the market. Double Up Food Bucks >\'� When you use a SNAP Bridge Card to shop at the �! Oakland County Market, the amount of money that you spend is matched with Double Up Food DOUBLE UP Bucks! Double Up Food Bucks can then be used FOOD BUCKS' to buy fruits and vegetables that have been grown in Michigan. Maximum $20 per day. Senior/Market Fresh Coupons The Senior Fanners Market Nutrition Program, known as Senior Project FRESH/Market FRESH in Michigan, provides older adults who qualify with unprocessed, Michigan -grown products from authorized farmers markets and roadside stands throughout Michigan. WIC Project Fresh Coupons Project FRESH is an educational program 1-'refect providing participants with coupons to FREM purchase locally grown fresh fruits and vegetables at participating farmer's markets. *Find details about food assistance benefits at Mifma.org (Michigan Farmers Market Association) Pet Policy Animals including but not limited to elephants, tigers, giraffes and dogs (except for service animals) are not allowed inside the market, under the canopy or within 10 feet of a vendor. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act. For your convenience Smart Access Look for the sunflower icon 50 at 73 bus stops along the SMART #752 bus route outl Oakland County Market access is now easier than ever —all buses along the route stop at the market. Find route information and schedules at Smart.org. I0' ^® What to buy? Inside this brochure you will li k®®,'( find a handy Produce Availability chart. Forgot to bring cash? Oakland County Market offers an on -site ATM machine. Select vendors accept credit cards. Please inquire with individual vendors as to which cards they honor. Shoppers love the Oakland County Market wagons! Accumulate your purchases and roll f on over to your vehicle! Ask market staff if you y ' need help locating one. Saturdays at the market can be very busy and the parking lot fills up quickly. Overflow parking is available at the Road Commission of Oakland County lot located west of the '' market and the Oakland County Information Technology lot located north of the market. ObA wheelchair is available for patron use. Also on site is a large, accessible family restroom. Shop and learn Learn from the experts! Michigan State University Extension Center's Master Gardeners and Health and Nutrition Educators, the Oakland Conservation District and the Oakland County Health Department have teamed up with the market to offer weekly educational programs for all ages. Many thanks to Genisys Credit Union for sponsoring the MSUE programs. Topics include garden and lawn tips; healthy food choices, recipes and canning/preserving produce; backyard habitats and sustainability efforts; free health information and screenings; and more. Also be sure to look for market artisans demonstrating their skills in creating one -of -a -kind art for purchase.122 ic igan AvailabilityAsparagus �wraF rq+g�r..ir' buying guide for • PP Beets vegetables commonly grown in MichiBroccoli .. . .- Brussel sprouts range of availability because the season Cabbage for fruits and vegetables varies slightly f• Carrots year to year and from one area of the state to an#A' Cauliflower Celery Appfes(fall) s Corn(awwt) j Cucumbers Apprep (summer) (pickling) Apr1coLs _ Cucumbers (Wad) Greens Blackberr(e: gt•rdp mustard,cdlaN, oak) BIuRa•rt�es Eggplant ChnSeitvpe Lenucegra•darwgq Muihrobffu ChPmws ;rcd tr7) amhte su�pyal }ar Chennet Nwees' Onions lgrtinl Onions 4rapes Parsnips MCWsis (watermelon, musk) ,1 Peas (sugar) NPct'.rJngg ( Peppers Pcachm — Potatoes (whit.) NPP1S f Pumpkins Plums Rmpberrie! Radishes Rutabagas Rhuhaeb Spinach Stravr�erri ruodMrA _ " ' Squash (hunomutammi Tomatoes (chin,rama,sours) _ IL MICHIGAN STATE MSUE U N I V E R S I T Y Extension Health & Nutrition 8:30 a.m.—noon May 30 Asparagus Asparagus is a Michigan produce favorite. Learn about cooking with asparagus and sample a delicious, easy asparagus recipe. June 13 Story Time/Michigan Greens Children are invited to attend a nutritional ly-themed story time at the market while parents can receive information about the nutritional value of locally grown greens. June 20 Strawberries Learn all about strawberry preservation, quality and nutritional value. A demonstration of how to make strawberry freezer jam will be given. Recipes available. July 11 Bean mosaics Children can make bean mosaics. July 18 Eggplant Learn all about eggplant preservation, quality and nutritional value. A cooking demonstration will be given using eggplant and sample a delicious, easy eggplant recipe. Aug. 1 Produce Bracelets and MY Plate Activity. Children will have the opportunity to make produce bracelets and the MY plate activity will teach kids nutritious eating habits. Aug. 13 Senior Market FRESH Seniors can attend a short nutrition presentation on the benefits of fresh produce in their diet and, if they meet the eligibility requirements, receive coupons for locally grown fresh produce from the farmers market. Limited quantities of coupons are available on a first come, first served basis. Aug. Michigan Peaches Peaches have made an appearance at the market. Learn all about purchasing quality peaches, as well as their nutritional value. Recipes available. Sept. 19 Fruit Sand Art Necklaces/Food Preservation Children can make fruit sand art necklaces while learning about nutrition. Also, a food preservation demonstration will be available for adults. Learn the basics of canning, freezing, drying and pickling. Sept. 24 Senior Market FRESH Seniors can attend a short educational program on the benefits of produce in their diet and, if they meet the eligibility requirements may receive coupons for fresh, locally grown produce from the farmers market. Limited quantities of coupons are available on a first come, first served basis. 12�En iWAM pa Aug. 22 Daisy Dyeing ag By placing daisies in colored water, participants will discover how plants take up food through their roots and stems to produce flowers, fruits and leaves. Sept. 26 Michlgan Apple Find out about all about the different varieties of Michigan I rown apples and what they are best for. Learn what to look for Nhen purchasing, quality, nutritional value and preservation. Recipes available. Oct. 10 Winter squash Winter squash is a market staple. Learn about different varieties, how to buy quality squash as well as preservation mid nutritional value. Recipes available. Oct. 17 Healthy Snacking Choices and Healthy, Safe Lunches Away from Home Kake the most nutritious decisions when it comes to snacking and eating lunch away from home. MSUE Master Gardeners .,, ,. �_,�,I.Hi.,iP, 7; 1H.=,N a44,la,■ June 13 9:30 a.m.-11:30 a.m. MASTER 11l ;seating a Pollinator Garden r Sli GARDENER Learn about and take home native Michigan wildflowers that attract and feed our native pollinators. These pollinators .nclude butterflies, hummingbirds, bees and insects. June 27 Plant Seeds and Watch Them Grow children learn about seed germination as they plant seeds in a :ontainer and observe as they sprout from the soil by making sure to give them the right amount of light, heat and water. July 11 Building a Wren House Project 3irds will be attracted to your yard if you provide food, water ind shelter. It takes just a few minutes to put together a prefab Nren house. Start enjoying the beauty of birds in your garden! How much rain really fell? Each child will construct a sturdy ain gauge that can be hung outside so that after a storm the -hild can figure out the amount of rainfall. 4ug. 8 Flower Press Flowers are usually a fleeting pleasure, but when dried they -an be enjoyed for years. For this project, each child easily and ;uickly will make a flower press, place flower heads inside and hen take it home to dry. S YSNION PO xe At Sept. 12 Creating a Terrarium Two to three small plants will be planted in a see through container to watch them grow. This terrarium will teach kids what plants need to survive and thrive. Sept. 26 Chia Pet -Type In just a few minutes children will plant grass seed in a decorated eggshell, watch it grow at home within days and then snip the resulting "hair." Oakland Conservation District 10 a.m.-1:30 p.m. April 11 Learn about the Oakland Conservation District What's new at the Oakland OAKLAND Conservation District? c?p VnT ON DISM" May 2 Tree Sale Leftover seedling sale from the April 25 Spring Tree Sale May 9 Backyard Certification Program Learn about the Backyard Certification Program. June 13 MAEAP Learn about the Michigan Agricultural Environmental Assurance Program. MAEAP is a new program that helps local farms voluntarily prevent or minimize agricultural pollution risks. x x July 11 Invasive: -,- _::___ Learn about the threat of invasive species and how to identify, manage and prevent the spread of invasive plants. Aug. 8 Monarch Butterflies Come see the beauty of the Monarch butterfly! Learn about its lifecycle and how you can help their declining population. Sept. 12 Invasive Species Learn more about invasive species and the local projects and activities that are addressing this important issue in our county. Oct. 10 To Be Determined 4-H 10 a.m.-noon April 23 & May 21 Oakland County 4-H Come learn about all the 4-H has to offer! Discover the meaning of the four H's for youth ages 5-19 and how adult volunteers can make a difference giving back to the community. June 30 & Aug. 18 4-H Let's Get Crafty Get together with Oakland County 4-H staff and discover the endless opportunities (over 50 project areas offered) available to youth and adult volunteers. Kids will create a simple, fun and free make & take craft! AUANDFFF Oakland County Health Division TO!UNTT MICHIGAN 8:30 a.m: 12:30 a.m. apartment of Health&Human Service HEALTH DIVISION Blood Pressure / BMI checks oakgov.com/kedt/v June 6, Aug.1 and Sept. 5 124 Health Education June 18, July 16, Aug. 20, Sept.17 2015 Spring Newsletter 1. Market Manager Message Welcome back everybody! It's hard to believe that Oakland County Parks and Recreation is beginning our fourth year of managing the market. We have made many friends, implemented several improvements and established relationships with organizations like Michigan State University Extension, 4-H, Oakland County Health Division, Oakland Conservation District, Great Lakes Agriculture Fair Board, Waterford Area Chamber of Commerce and others that have added value to the overall experience for our guests. I think you would agree that we have made the market a better place for our guests and vendors alike! This past winter we have been hard at work planning a season full of special events, educational programming, cooking demos and more. We have also been busy sprucing up the market with fresh paint, additional sawhorses and tables and a complete cleaning of the facility. As always, my door is open and I welcome your suggestions on how to improve the market and spread the word about the great things we all do to make this a premier destination in the region. We hope that you have a great year and look forward to working with you all! 2. Application, License Agreement, Regulations The regulations, application and license agreements are now available online at DestinationOakland.com/countymarket or at our info booth located in stall #15. The 2014 license agreements are valid until April 30, 2015. Starting on May 1, 2015 you MUST have your current application and license agreement submitted to the market staff in order to participate for the upcoming season. 3. Insurance All vendors are required to maintain general liability insurance in the amount of $1,000,000. The County of Oakland, 2100 Pontiac Lake Road, Waterford, MI 48328, must be added as additionally insured. If the proof of insurance does not include the County of Oakland as additionally insured, it will not be accepted. Please submit proof of insurance with your 2015 Application and License Agreement. You may use your own insurance carrier or you may want to take advantage of the Michigan Farmers Market Association's (MIFMA) group rate through Advanced Insurance Markets, LTD. MIFMA's special group rate liability insurance is available to farmers/vendors as a member benefit. To be eligible, you must be a MIFMA member. Join online for $30 at mifma.org/join. With your membership package, you will receive a special group rate insurance program enrollment form. The standard general liability policy has a cost of $300. The program is set up for $1 million per occurrence with a $1 million annual aggregate. The policy includes $1 million 125 in product coverage; $1 million in personal injury; $1 million in advertising injury; $100,000 in damage to premises rented to you; and $5,000 medical payments to others. 4. 2015 Stall Rates Daily license fees: May -December o Tuesday: $15.00 o Thursday: $20.00 o Saturday: $45.00 January -April o Saturday: $18.00 Annual Rental: o Tuesday, Thursday, Saturday— Inside $1,850.00 o Tuesday, Thursday, Saturday — Canopy West: $1,700.00 o Tuesday, Thursday, Saturday — Canopy East $1,700.00 Stall Share: o Tuesday: $10 each o Thursday: $15 each o Saturday: $30 each 5. Stall Assignments Creating the weekly schedule is one of the most challenging parts of managing the market. Many things are taken into consideration when assigning space such as the length of time a vendor has been coming to the market, how many times a year a vendor attends the market, weekday attendance and the products offered. Every effort will be made to accommodate vendor requests for stall space within our limited amount of space. Market management, at its sole discretion, makes all stall assignment decisions and from time to time we will need to make adjustments to vendor assignments and stall locations. Your cooperation is appreciated. Handicrafters — Preference will be given to handicrafters who attend the market during the week as it is important that we create a market that is full during the week to attract customers. We strive to commit to vendors who commit to the market. 6. RSVPs Please communicate your stall needs with market staff. Farmers and plant growers are given priority when scheduling market days. once they have been accommodated, handicrafters will 126 be considered for space. Vendors who show up expecting to have a spot, but have not called to communicate their needs will not be guaranteed space. If you are a handicrafter, keep in mind that space is not guaranteed even if a specific date has been requested. Due to the seasonal availability of produce, we do not know from week to week how many spaces are needed to accommodate the farmers and growers. Contact market staff the week before to confirm availability of dates requested. 7. Cancellations and No Shows To cancel stall space reserved by agreement with OCPR, a vendor must call the market manager by noon one day prior to the market day that they are scheduled to attend. If a vendor calls after noon or does not show on the market day, it will be considered a 'no show.' The 'No Show' policy in the Oakland County Market Regulations Section 6: #28 states: 1st No Show: Courtesy reminder; the producer/handicrafter/vendor will be given an additional copy of the No Show Policy and it will be noted in their file. 2nd — 4th No Show: The producer/handicrafter/vendor must pay the daily license fee for the day missed before being allowed to return to the Oakland County Market, 5th No Show: The producer/handicrafter/vendor will be charged $100 before being able to return to the Oakland County Market. 8. Revenue Reporting In May 2014, the Oakland County Market began anonymous monthly revenue reporting. This initiative provides metrics to guide continued investment in and promotion of the market. To invest in targeted advertisements for the market, it is essential that Oakland County Parks has monthly data on total sales with specific numbers for produce, plants, flowers, prepared foods and arts/crafts. By tracking this information, OCP can determine the net effect of ad buys, social/electronic media, special events and our participation in regional promotions. Estimated foot traffic has been collected, but as every vendor can tell you: "It is sales that really determine success!" This information will help OCPR staff better identify where to invest and will help justify that expenditure to its elected officials. Revenue reporting is a requirement to participate at the Oakland County Market. If you have not turned in your revenue reports for 2014, you will not be allowed to participate in the 2015 market season until you have done so. When submitting your revenue reports, you must hand them to a staff member so that it can be recorded as turned in. 127 Revenue report forms can be found in stall #15 at the market. Revenue reports are due by the 15th of each month for the previous month's sales activity. 9. Food Assistance Benefits We will again be participating in all of the programs available to us at the market. The acceptance of food assistance benefits at the market has been a huge success. These programs allow over 1.9 million people on food assistance benefits in Michigan access to healthy, locally grown produce. Not only have we been able to put produce into the hands of people that need it the most it has also put additional dollars into the pockets of the vendors. The market had over $35,000 in food assistance sales in 2014. The following is the 2014 economic impact of each of the programs the market participates in: a. SNAP/EBT—$17,335 b. DUFB - $14,302 c. Market Fresh/Project Fresh - $3,678 10. Special Events The market will be hosting several special events this year. These events are held in an effort to create more awareness for the market as well as generate additional revenue. For many events we will be asking for vendor participation. Some events will be open to all while others will be by invitation. Some of the highlights this year will be: Spring Flower Days — May 17 and 31 Community Garage Sales —June 14, July 19 and Sept. 20 Food Truck Rally —July 11 Corn Roast —Aug. 8 Oakland Uncorked - Aug. 14 Farm to Fork -Sept 16 Destination 4-H — Oct. 4 Holiday Shopping Nights Dec. 3 and 10 Most of these events will require vendors to remove everything from their stalls. Please do not leave any items in your stalls without first asking the market staff if it is okay to do so. Go to the market calendar at DestinationOakland.com/countymarket or pick up the market brochure for a list of dates and times. 11. Educational and Children's Programming 128 Throughout the season the market will be hosting community partners who will be offering educational and children's programming. A wide variety of activities have been planned to add value to the experience of visiting the market for our market guests including: a. Oakland County Health Division Health Awareness and BMI/Blood Pressure Checks b. Michigan State University Extension —Master Gardeners Hands-on children activities such as educational crafts are offered. Master Gardeners are also on hand each market day from May —October to answer questions from guests about their gardens. c. Michigan State University Extension— Health and Nutrition/ Food Safety Educators Children's activities and cooking demos about strawberries, asparagus, apples, peaches and other produce are offered. d. Oakland County Conservation District Learn about the annual tree sale, backyard certification, invasive species, monarch butterflies and more. e. Oakland County 4-H Discover opportunities available through 4-H for youth in the community and take part in hands on activities that challenge the mind and develop skills. Go to the market calendar at DestinationOakland.com/countymarket for a current list of dates and times. 12. Special Parks District Forum 2015 This year Oakland County Parks and Recreation will host the Special Parks District Forum. On Thursday, June 11 the market will host the delegates for lunch and educate them on the place making opportunities that a farmers market can provide in their communities. This is our opportunity to put our best foot forward and show them the value that our market brings to the residents in the area. About Special Park Districts Forum (SPDF) Special Park Districts Forum (SPDF) is a unique and interactive international forum that draws park and recreation industry professionals from around North America. It is an annual gathering of park, recreation and natural area special districts from the United States and Canada that began over 40 years ago. The forum provides a venue for elected representatives, appointed leaders and staff to exchange best practice information about managing and operating regional -scale parks, facilities, trails, natural areas and related programs and services. Over the years, the forum has been hosted by premier open -space facilities, parks and recreation agencies and forest preserves districts throughout the United States and Canada. 129 With its unique format, the SPDF provides attendees the opportunity to tour the host agencies' facilities and spaces, attend interactive sessions pertinent to specific aspects of their profession and experience special events and other recreational programs and opportunities at agencies similar to their own. 13. Digital Sign This season we have the added benefit of a digital sign on Pontiac Lake Road. We will be able to promote the hours the market is open, special events, educational programming and even when certain produce is in season. This is an investment in the market that we hope pays off with increased attendance and sales for vendors. The original sign has been relocated to County Center Drive to attract attention of those that commute daily on the west side of the market. 14. Marketing We will continue to invest in the market through the use of advertising and social media. These efforts include event fliers and posters throughout the community, e-blasts to more than 10,000 subscribers and posts on the Oakland County Market and Oakland County Parks Facebook pages. We will also advertise through print ads in the following publications: The Oakland Press, C & G Newspapers, Michigan Gardener, Edible Wow Magazine, Metro Parent Magazine, Waterford Area Chamber of Commerce Directory and other publications, This past winterthe market staff has attended events throughout the community and promoted the market with info booths. We have engaged many different people and let them know of the products available and the programming they can find at the market. We hope that these efforts benefit the market with increased customer traffic and overall awareness of the market. We encourage everyone to promote the market and their individual businesses. Each vendor is responsible for their success and should be actively promoting themselves to the public. 15. Thank you We would like to offer a heartfelt thanks to our vendors for the generous support they have given to us over the last few years. From time to time we have reached out for help with our various events or to beautify the market and ourvendors have always responded with overwhelming generosity. It is very much appreciated and we couldn't more thankful! 16. Parking On Saturdays from May through October leave the main parking lot spaces for your customers. We have received many complaints from vendors that other vendors and their employees are not following this rule. 130 Overflow and employee parking is located in the road commission and information technologies parking lots. See market staff if you need help locating them. 17. Signs Vendors are required to have a sign identifying their business. Customers like to know where the fruits, vegetables and handicrafts they buy are made, so make sure you have your signs displayed. Signs must be a minimum of 8.5" x 11" and visible to market patrons. If you are in more than one location at the market, a sign is required at each location. 18. `Producer Only' Please remember that we are a `producer only' market during the prime season of May - October. All handicraft items must be produced by the vendor and not produced by an outside manufacturer. Farmers may not bring items grown by another farmer or items bought from a wholesaler or auction. Farmers may bring in items grown by an immediate family member. See Section 8, Rule #8 in the Regulations for more information. 131 • Oakland County Market Regulations 2015 Section 1: Goods for Sale OZAKLAND COUNTY PARKS The OAKLAND COUNTY MARKET is owned by Oakland County and managed and operated by the Oakland County Parks and Recreation Commission (OCPRC). The Oakland County Market is a marketplace designated for the sale of Farmer's Market items such as: farm produce, greenhouse products, and homemade handicraft type products, and other non-agricultural goods approved by the Market Manager. The OCPRC will furnish the necessary area and utilities to operate the Oakland County Market; such utilities consist of heat, lights, water, electricity, and ventilation. Section 2: Definitions 1. The word "HANDICRAFT" is herein defined as a product/item wherein considerable skill, time, and effort has been put forth to produce the finished product/item such as toys, jewelry, apparel, dried flowers, etc. and such product/item is actually produced by the seller/handicrafter. Any type of processed food item (baked goods, candy, etc.) is considered and classified under the definition of "handicraft." Sellers of handicrafts shall be referred to herein as a "HANDICRAFTERS." 2. "PRODUCE/PRODUCTS" are produce and products sold at the Farmer's Market and must be home grown/vendor-produced farm -type. 3. The word "PRODUCER" is herein defined to be any person or persons who are actually engaged in the business of producing/growing the farm/greenhouse products they sell at the Farmer's Market. 4. The word "DEALER" is defined to be any person or persons who are selling merchandise at the Oakland County Market that are "second-hand" items or items that they did not produce or make themselves. 5. A "VENDOR" is herein defined to be any person or persons who are selling at the Farmer's Market as a PRODUCER, HANDICRAFTER, or DEALER. Section 3: Market Manager Responsibility The Market Manager, or designated OCPRC employee, is responsible for all activities at the Oakland County Market, including, but not limited to the following: 1. Setting days and hours of operation for the Oakland County Market; Oakland County Market Regulations Revised 2/2015 132 I I li i Illlled� a �Illu ui m� ��'. �I ndl IL Idle .I Ilu dull I ..II LJ 2. Allocating, assigning, and licensing stall space to Vendors; 3. Collecting license agreements and license fees from all Vendors; 4. Inspecting stalls after the close of the Oakland County Market to ensure that Vendors have left area in a neat, clean, and orderly condition; 5. Directing the arrangement and parking of all vehicles at or around the Oakland County Market; 6. Maintaining order in and around the Oakland County Market; 7. Determining which Vendors should be denied the privilege of selling at the Oakland County Market, because of violation of the Oakland County Market Regulations; 8. Informing Vendors of any violations of the Oakland County Market Regulations; and 9. Performing all related duties to maintain and operate an efficient Oakland County Market in the best interests of the County, Vendors, and the general public. 10.The Market Manager, in his or her sole discretion, shall determine whether Produce/Products sold at the Oakland County Market meet the definition contained in these Regulations. Section 4: Days of Operation and Market Hours Oakland County Market days and hours of operation shall conform to the printed Oakland County Market schedules established by Oakland County Parks & Recreation Commission staff and approved by the Oakland County Parks & Recreation Commission. Opening and closing hours may be changed by the Oakland County Parks & Recreation or the Market Manager, in its sole discretion. Special market days may be held to accommodate shoppers for holidays or as other conditions may warrant, as determined by the Oakland County Parks & Recreation Commission. Section 5: Vendor Advertising Vendors wishing to advertise shall do so at their own expense. Prior to advertising, the Oakland County Parks & Recreation Commission Executive Officer must approve any advertisement using the Oakland County Market name, logo and/or address. The Oakland County Market address cannot be used by Vendors/Dealers as a registered business address or as a return address on any material. Oakland County Market Regulations Revised 212015 133 II I� NJIniIIUIWI"iIl''ul ule ll, 1 1 11 IllIII 'i,WOYJmiul uAlll Ill I I. IWllil I N161W111du111611 hle:J II ll'11Will I+1III hill 'n III 1II. I1 1 1l, � I.II Ip uI.:'111 Ill 11111! IIII'll I II gill � louul,l .� II I. �u 11111 ill ,II I..I h YellI lid III I i4ll i1 ,.. II I 1 II 11, 11111 .III 1 Id I i III n .I_II JI. .LII Y II i,Wl i3n., Ill I ,� 1 itl uu 11 IYu .I Ills l 11 ah1uY1111 , 1 Ill dui ru��..Ye. 1 I. �1��d � o�n � u.11 I I" �..,. � 1 I �11� w 1 � ����,u�� 11 �, Section 6: General Rules and Regulations 1. No person shall beg, loiter, solicit, sell, or attempt to sell, display, or demonstrate any goods, merchandise, real estate, or animals, or place any poster, advertisement or billboard on or around the Oakland County Market premises without the prior written approval of the OCPRC or unless the person has a written agreement with OCPRC. 2. Vendors must have their stalls completely set up and ready for sale at the opening hour of the Oakland County Market, 3. No smoking is allowed in the Oakland County Market or under the Oakland County Market Pavilion. Vendors may smoke in the designated smoking areas. 4. No person shall be allowed to use anything of a nature that could be considered injurious to one's health or the environment in or around the Oakland County Market. 5. Attempts to establish abnormal or artificial prices by unfair or irregular means shall be prohibited. E. Pets or live animals are prohibited in the enclosed building of the Oakland County Market, under the Oakland County Market pavilion and within 1 Oft of any Vendor space with the exception of service animals. 7. Written or verbal complaints brought to the attention of the Market Manager by Vendors' customers, after the Vendors cannot come to a satisfactory resolution with a customer; will be settled by the Market Manager and/or OCPRC. 8. Vendors shall not make any modifications, improvements, or alternations to the Oakland County Market or the stall occupied by them, unless express written permission is received by the Market Manager prior to commencing any modification, improvements or alternations. 9. No electric or gas heaters shall be used at the Oakland County Market by Vendors 10.The use of radios and television sets are not permitted at Oakland County Market without the prior written permission of and at the direction of the Market Manager. 11.Vendors shall not tape any items to windows, walls, doors or post's without permission from the Market Manager. 12.Vendors shall not hang any item from the ceiling or rafters without permission from the Market Manager. Oakland County Market Regulations uY'Li1u�d WW1 Y1..1i 11„W �1ia111I ..JI i�iukdl Yl uu ID�ur,uelldlnllWmlYldNd� n1 �� 1/WY111aL7 7 'IYI1k4hlu uYunVwld YW uWIWIWILiIYm�iLlll iY'I� ���n ii�LY'1111111 Il IYYI�'6JV�Ililllli'l1lWaid,.1i 11, 1„JII�WIIWVoiIWIYYVn'LiitlltlL'IV illllb'YIIuiIdIIL 1� Revised 2/2015 134 ��. 11111 1 11 1111 I111ol �,�lil 111V16, 11' II II 111,1 1I 1 4 �11a L. II hll 1 �. II I I I. ! III II. I d I 1„�d l.d�un ,11.1111.dd. �� I �,"II. i � � .II d�IIIIIe.IW �11,,.1 e. � ILuI,, li, ,,.,�� 13.During Oakland County Market hours, any merchandise brought inlout of the Oakland County Market by a Vendor must be hand carried or transported on small hand carts in a safe manner as directed by the Market Manager. 14.Vendors shall not vacate the Oakland County Market before the posted closing time without express permission of the Market Manager or unless the produce/handicrafts/merchandise is sold out. 15.The consumption and sale of alcohol and illegal drugs are not permitted at the Oakland County Market, except that the OCPRC may, in its sole discretion, authorize the consumption or sale of alcoholic beverages for special events, programs, or facility rentals, in conformance with state or local law, regulations, rules or ordinances. 16.Vendors advertising organic produce, a State Certificate of Registration must be displayed and Market Manager must be provided a copy of Certificate. 17.Vendors shall not move or cause to be inaccessible any fire extinguishers located throughout the Oakland County Market. 18.Vendors may only use electrical extension cords or lighting if approved by the Market Manager and the Waterford Township Fire Marshall. 19.Vendors shall not cause litter or rubbish to accumulate or create unsanitary conditions at the Oakland County Market. All rubbish must be removed from the stall area by the Vendors; and put in an outside area dumpster designated by the Market Manager. 20.Vendors shall not leave the Oakland County Market until the space occupied by them has been swept clean and placed in proper order. Vendors are responsible to clean up any oil, grease, anti -freeze, etc. left or leaking from their vehicle(s). 21.Vendors are required to keep their produce/handicrafts/merchandise within their allotted stall area at all times, including produce/handicrafts/merchandise awaiting customer pick up. Produce/handicrafts/merchandise shall not be displayed in the aisle ways or in any way extend beyond the white or yellow stall boundary lines. 22. Produce/handicrafts/merchandise must be displayed in a safe and neat manner at all times. Displays are to be designed so as not to block the view of nearby stalls or customers walking in the Oakland County Market as determined by the Market Manager, in his or her sole discretion. 23.Vendors must have a sign, minimum 8 %Z" x 11", that clearly identifies the Vendors name and the location of their business/residence/farm. If at any time during the `Producer Only' season, May — October, a Vendor sells any item, in accordance with these Regulations, that itdid not directly produce or grow, then a Oakland County Market Regulations Revised 212015 135 l YIIII.'llilll 11 11 II "„III.Iil11116111h111 lil 11 k IIY 1 Al 1111111 JIY11Ll I11 1 loll I WI1111111Il kollki'll,lill 11 lldi,!11111 III I hl IIII I I III, 111111 A 11loll iY11I I.. I II Ill 111,1111!111d 1111, 11 I1fill 101,41111i11 II Y WIYYI'llYl liLYlllld I,, 11,1111JI111111I III N III III I 1Y11 loll I I,�IIVIIWwdI1.IIluIp11YIIJt I �,�IIII Ilil it 11 i I.I I. Ilill,uw I.'111. Ii�IJ,1. l lli. I■ .�1 ,,, iAl �14 .I ..I II I,ILL II'I J111, li 1 �V1111 I„YIII III I 411 N� IIIL.I II IJI� YII I'd .,iWn'1 I .,. � I, I � i .I ..III. IL. uI. ..I III, I II �� ullll II sign must be made for each separate vendor/business/location, which produced or grew the item. During the `Non -Producer' months, November - April this rule will not be enforced but will be posted at the Market. 24.After the closing of the Oakland County Market, all Vendors must vacate the Oakland County Market within a reasonable length of time, not to exceed two hours. 25. No annual or daily stalls or other areas in or around the Oakland County Market are to be used for storage purposes. Only with the permission of the Market Manager may produce/handicrafts/merchandise be left or stored in or around the Oakland Market during non -market hours and days. If produce/handicrafts/merchandise is permitted to be stored at the Oakland County Market during non -market hours and days, then it is done so at the sole risk of the Vendors. 26.The OCPRC is not liable for the theft of or damage to any produce/handicraft/merchandise, shelving or storage cabinets kept or stored at or around the Oakland County Market during or after Oakland County Market hours. 27. The OCPRC and Oakland assumes no responsibility and is not liable for any damages or injuries suffered by a Vendor or an employee or agent thereof at or around the Oakland County Market, which arise from the acts or omissions of the public at the Oakland County Market or from the acts or omissions of the Vendor or an employee or agent thereof. 28. Cancellation/No Show Policy: To cancel stall space, reserved by agreement with OCPRC, a Vendor must call the Market Manager, by 12pm the day prior to the Oakland County Market day that they are scheduled to sell Produce/Handicraft/Merchandise. If a Vendor calls after 12pm, or does not show on the Oakland County Market day, the lack of notice to the Market Manager and failure to show will be considered a "no show": a. 1I No Show: Courtesy Reminder; the Vendor will be given an additional coFy of the No Show Policy and it will be noted in their file. b. 2" — 4th No Show: The Vendor must pay the daily license fee for the day missed before being allowed to return to the Oakland County Market. c. 5th No Show: The Vendor will be charged $100 before being able to return to the Oakland County Market, Oakland County Market Regulations Revised 2/2015 136 full uilllli�YI IYI III II4oIIdJ,IV,I L� ul111140''III tl�Jhu11i111W114"IlJllu it II IIIIIYYII"h1.,tlIIV "011 111 eilllllllVld iluVY birVlu�llls'YOYiWI6iV1�1uV it A IVI'IIIIliWIIVh�1II IIYI III1iuYlI,JYOi� lulltllllulllull uhll{'ohI�II11hIV11 IIII, u��i ��ul u4i14111 II "IYlllli� „.� ',i.,���aLl IIII,.. 111 I ll U 11111 h 1.11, 1111iI 1 1111 II dl• Iv I.: II II I,II I IJ..IsI I dl I I , II... I.d'll Ind 1 � I I IY ,l,i 1, � ill 11 � � II I I... � 111 I� „ II. lul 11N411LI. d,.,lll I 11,�,,1 II ,1I Section 7: Causes for Denial of Selling Privileges At the sole discretion of the Market Manager or the OCPRC, a Vendor may be denied selling privileges or banned from the Oakland County Market and removed from the Oakland County Market premises, if any of the following events occur: 1. Evading or refusing to pay the license fees for use of the stall; 2. Failing to submit and execute an Oakland County Market annual/daily stall license agreement; 3. Acting in a manner that demonstrates a deliberate attempt to cause poor morale or disrespect among Vendors or the public; 4. Misrepresenting the quality or condition of produce/handicrafts/merchandise, or giving false information regarding the origin, variety, quality, condition, or value of produce/handicrafts/merchandise, or similar deceptive practices; 5. Violating Oakland County Market Regulations, OCPRC Park Rules or federal, state, or local law, rule, regulation, or ordinance; 6. Failing to submit any licenses or permits as required by law; 7. Interfering with the Market Manager or other OCPRC staff in carrying out the provisions of the Oakland County Market Regulations; and 8. Selling of firearms, fireworks, explosive devices, or any other merchandise that presents a health or safety hazard or has been subject to recall by authorized agencies, or contains hazardous materials as determined by the OCPRC. Section 8: Vendor Responsibility 1. Vendors shall sell only Produce/Products/Handicrafts at the Farmer's Market. 2. Vendors shall obtain and furnish to the Market Manager proof of general liability insurance in the amount of $1,000,000. The County of Oakland, 2100 Pontiac Lake Rd, Waterford MI, 48328 listed as additionally insured. 3. Vendors are required to hold all applicable licenses and permits necessary for their operation per local health laws, the Michigan Department of Agriculture and Rural Development, and any other government regulatory agency. Market Management reserves the right to request copies of these licenses and permits at any time. Oakland County Market Regulations Revised 2/2015 137 N 11111111111YYI111,11 1Y YY111l IiYl1; 1111 1 11. laillill VI 1411I111 lilid111pl1Ytlll 1IIJJ I III Yilsl11,11 1, II '1 'T'iilhill, 1 111II IIIII 1111 lill III YlY'lI1 Al 11111 Ilull'Ii111i1l I'IIVYWIII'�V1VI�111II�I eJ111111YlitlIIIYY II'11dil,IYIYJ1lYtl0111lllllul I��II �I�,WIIIII Id IUIIIIIi�IIIIIuVII� I11 J,I III I„III I III 1111 I III, IIW„W 1II..., J, III „1„11,... II I,A1 1.I II 1141li,11,W1„iW 11 II. .111111 I,.,..I 11,1 II ., ,III I!I I„,.,1,„I „1.II ..IIdW II,,,'III II.. Ill 1. I I III I .,I.0 1, ll 8111,1Y, l,lh,,, 4. Vendors are required to submit monthly gross revenue reports on the 15th day of the each month for the previous month's sales activity at the Oakland County Market. 5. Vendors who sell produce products which are governed by the Oakland County Health Department and the Michigan Department of Agriculture and Rural Development must comply with all applicable rules and regulations of these two health agencies. 6. Producers shall sell only fresh, sound, wholesome produce and products at the Oakland County Market. All produce/handicrafts shall be from sources approved or considered satisfactory by the local health officials and the Michigan Department of Agriculture and Rural Development and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. 7. Produce or food offered for sale in closed packages or sealed containers shall bear an approved label stating Vendor's name and address, name of product, ingredients, and net weight or measure. All labeling of any packages or containers must comply with the Michigan Department of Agriculture, Food Division. 8. From May 1 to October 31, Produce/Products/Handicrafts shall be grown or produced by the Vendor selling such items at the Oakland County Market and not grown or produced by other parties. Farmers/Growers may sell Produce/Products produced by their immediate family members. From November 1 to April 30, a Vendor may sell Produce/Products/Handicrafts grown or made by other parties. 9. `Producer Only' Grievances If a Vendor believes that another Vendor is not producing what they are selling they can confidentially submit a grievance form along with the reason you believe there is violation of the rule. A check for $100 must also be submitted. The market will hold your check until the grievance can be investigated. If your grievance is merited, your check will be returned and appropriate enforcement will be decided against the violating Vendor. At the Market Manger's discretion enforcement, can range from requiring rule compliance to dismissal from the m a rket. 10. Vendors must submit, sign and have on file a Farmer's Market application, stall license agreement and general liability insurance covering use of their stall/stalls from May 1 through April 30 of the following year. Changes in plans or seasonal use of Oakland County Market stall/stalls by the Vendors must be promptly reported to and approved by the Market Manager before changes in sales of produce/products are permitted. Oakland County Market Regulations Revised 212015 138 I.1�411uIlYlh Y84i61 ullu'nuh,Ia'ldudlw l 11 11, 6WW1ul III likil J 1,11111W11 a 11A d ,III 111WIlnl'uW1 II I fill I III I I'll, Ill lllllluu IIJIUi witill611Wfif I I, 1,,,I II II 1 Ill Wk 101"l Vl Yl111I IIII I. VI 1 I, . I II 1. 1 il 1 ifilliIIII11lijiliji,'uurvll 111111 1 .. a hildiJ11111 alum 1111111! 1111116111 lu 111 II I„ I I 11,11 IIm f11I,, e,I q l lfw�i .� „.Y diilLi III,u '.I 1uu„ I.e ,, ,III IhWI�I II,I11'Il1!,'AA i 1. lII Y I�., ntll li 111 jki I Ill ill, llLi. d.ld 1. I 1, 1 11 11 L, du„no All 11 Ill 11,l IdIIV nI, I 1Iw11 11.Any Vendors wishing to make any type of modification to his/her stall must submit, in writing, their plans to the Market Manager for modification. Approval must be received by the Market Manager before any changes are made. 12. Vendors must remove any non -market shelving, tables or display items at the end of the Market day. 13. Invasive Species: The Oakland County Market prohibits the sale of reproductive parts of invasive species. A species is regarded as invasive if it has been introduced by human action to a location, area, or region where it did not previously occur naturally (i.e., is not native), becomes capable of establishing a breeding population in the new location without further intervention by humans, and becomes a pest in the new location, threatening the local biodiversity. If a vendor has a product and is unsure as to whether it is an invasive species the following actions must be performed before bringing the product to the market: 1) Schedule site inspection with vendor and Oakland County Parks & Recreation Commission (OCPRC) appointed staff. 2) Collect a sample of the plant in question. 3) OCPRC will package and submit sample to MSU Plant Diagnostics lab for $10 Weed ID service. OCPRC covers this fee with the vendor reimbursing the diagnostic fee if identification indicates an invasive plant 4) OCPRC reserves the right to re -test plant products through MSU once brought into the market for seasonal sale to confirm pre -season diagnostic results. This is in place to ensure that the sold products are from the tested point of origin. 5) Vendors may continue to sell their product pending test results. 6) Sale of products with diagnostic results matching ID of any species defined as 'invasive' by OCPRC policy will not be permitted; sale of such products will cease the week following receipt of MSU test results. OCPRC considers the following list to be invasive species including but not limited to: Tree -of -heaven Garlic mustard Japanese barberry Musk thistle Asian bittersweet Spotted knapweed Canada thistle Common & cut leaf teasel Multiflora rose Crown vetch Autumn & Russian olives Leafy spurge Dame's rocket Blunt -leaved & common privets Japanese honeysuckle Asian bush honeysuckles Purple loosestrife White & yellow sweet clover Narrow -leaved & hybrid cattail Pale Swallow -wort Japanese stilt grass Eurasian water milfoil Wild parsnip Reed canary grass Common reed Japanese knotweed Common & glossy buckthorn .............. Black locust Black Swallow -wort Oakland County Market Regulations Revised 2/2015 139 _Illil �lihil AIII1I II411111i1,4nII1 WLI ull II I, I I Al 11, 1 IIi1 ghI IIIdIdI'I'd I I I. I IIIIYYIIIvWiYVdlfilll IIIIII''uI,,Il,l',,, Il i I'llil I I dill1l1,1 iiiil ld 1131611Y1414illil Illldl iA a ��, YIIIIIIIIY..�ddYll ��� .11A ld a u� ��i�,1..1 1. 111111 1 III 1 a .ulld� Y.Y WIdu 111 III lllli l III I I II I...Al Jna 'll �,iYIILI uY I alaL ..e iidl h. II VIYdd.: oWuwl li ,n.e yd, .III IY 'sllM1un AlLlwi I6ui lwd rl IVI Lill. Ll lu anlw„I loll 1111 Section 10: Payment of License Fees 1. All current annual and daily license fees are set forth below. o Farmers Market: o Tuesday: $15.00 o Thursday: $20.00 o Saturday: $45.00 o Farmers Market (Winter: January -April) o Saturday: $18.00 o Farmers Market Annual Rental: o Tuesday, Thursday, Saturday — Inside $1850.00 o Tuesday, Thursday, Saturday — Canopy West: $1700.00 o Tuesday, Thursday, Saturday — Canopy East $1700.00 o Farmers Market Stall Share o Tuesday: $10 each o Thursday: $15 each o Saturday: $30 each 2. The rates are posted at the Oakland County Market and a copy will be given to any Vendors upon request. 3. Daily license fee payments are due on or before each day for which they are licensed. 4. For annual stall license agreements: one-third (1/3) of the annual payment is due by May 15, an additional one-third (1/3) of payment is due by July 15, and the final one-third (1/3) of the payment is due by September 1. Any installment that is late makes the entire balance due and payable within fifteen days. If full payment is not made within the required fifteen days, the Vendor relinquishes rights to the stall and all Oakland County Market privileges. 5. In addition to the Oakland County Market license fee, an additional fee will be charged for the use of any unusual, large, or multi -lighting fixture or electrical appliance. 6. If a Vendor is willing to share space with another Vendor who would otherwise be deprived of the privilege to sell because of lack of space, they shall be permitted to do so with the approval of the Market Manager. Additional license fees apply and are listed above. 7. Arrangements made between Vendors to share a stall are not permitted, except as provided by Paragraph 6. Oakland County Market Regulations Revised 2/2015 140 ���IiIJ11YYJ Yi.I YI'lI,1Y li�udVUI�n I.II I I ��Y11 YY ulYYnY'YillYulYYl11l1Y'lllilll Y111,11u1 d��� I IIIIIVItlYY YiYlliil el YIII IYiII���J I I IIiVY6iaY��laml lYYaY BWiiillilF�ilu''"i�� 1I�u � uY I Ill lull I4111Y �YIIeuuW^, i'IIIII hY,..l �,1� II, IYII �ni�YllYllrl'YYIIII '��I�YII, II II I.14 IIJii�Y1Y III III!"�. In�bi�I.Y Y�YYYII"�IYII I.iJ I..„4111YY'iIY I''Yil �I,II11'�.laeI..... ., 11, I , IpYI III,j IIIpw „'.dldIIII III 11 I„ ,11dII I'Y�l�I .'.ii1,1. I , 1.11111.0 bIJII III YI4J,.JWIIY ililllll 1 8. Determination of use of any daily stalls and vacant annual stalls will be at the sole discretion of the Market Manager. 9. All Vendors shall use display tables/saw horses, provided by OCPRC, and space as directed by the Market Manager. All Market tables and sawhorses must remain in their current stalls and are not to be removed to be used in other stalls or areas. With permission of the Market Manager, additional approved display tables/saw horses may be brought in for use as long as they are removed at the end of each Oakland County Market day. a) Outside space directly behind interior Oakland County Market stalls may be used for Vendor parking. Vehicles must be parked close to the building and shall not extend outside of the designated stall parking areas (no semi or large trucks allowed). If parking space is used for display/selling purposes, the vehicle may be parked in the alcove closest to the Executive Office Building of the main parking lot. If vehicles are not parked in the alcove, they must be removed from Oakland County Market grounds so as not to infringe upon customer parking. b) Outside Canopy Stalls — Vehicles must be parked close to display table and shall not extend outside of the designated stall parking areas. A Vendor may use the stall space for display/selling purposes or to park their vehicle. If the space is used for display/selling purposes, the vehicle must be removed from the Oakland County Market grounds to one of the overflow parking lots on Saturdays so as not to infringe upon customer parking. 10.Stalls are reserved for annual Vendors until one hour before official Oakland County Market opening. If the annual Vendor fails to appear to occupy their stall or fails to notify the Market Manager one hour prior to official opening of the Oakland County Market, then the stall/stalls may be licensed to another Vendor, in the sole discretion of the Market Manager. This rule will also apply to daily Vendors, if they had made prior arrangements with Market Manager to occupy a stall. Regardless of whether the Vendor has an annual or daily license agreement, it will be considered a "no show" and will fall under the No Show Policy (Section 6; Rule 25), 11. Handicrafters shall be allowed selling privileges only if space is available after all Producers requesting space have been served. 12.At the sole discretion of the Market Manager, daily license fee adjustments may be made collectively or individually for special circumstances such as adverse weather conditions, parking situations, etc., and so noted on vendor receipt. Oakland County Market Regulations Revised 2/2015 141 III IWYI IIWIIhIIWW114i IIWiI Yd� IlVllil Y'll I:IIYIIYIIIWIitlIIIJ ii Alu'liA, i''All W 11 ,1"„I IJII 1111iII lldl 11 11 11 Ihi lwiu Ill lIIA 11IIfi.111 IIII' Illlli .{ Ilia YI'WIdW':YIIIII�iIIIYI- V 111111m J III.I II"ILII ,1,11111 i11.i 1IiJOW1.,1L,.1 I.I W II11,, J I4 ..d WG 11gp11 A Yo uL . 1.111111 I11111111111 i 1 11, 1111, 11 1 HUIiII111,, II.I 1 ,.Ill ill 1, 10.,Aw m1, III .,i. 11 I i:, I,a 11 I . IIAI, Wo i! it ;J 11111114 ,11W,11,1 IIII 1 JI �1111111 Section 10: Social Media The purpose of Oakland County Market social media Web sites is to present matters of public interest in the Oakland County Market for its many patrons and vendors. We encourage you to submit your questions, comments and posts to any authorized, official Oakland County Market social media outlet, however please note that they are both monitored and/or moderated for appropriateness according to guidelines established based on industry -wide best practices and liability concerns. The Oakland County Market's social media Web sites are not intended for vendors to use as a way to communicate with Market Staff. Please continue to use the Market Office phone number and email address as a way to communicate your needs. Comments and Posts We expect conversations to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees, with respect. For the benefit of robust discussion, we ask that comments remain "on -topic." This means that comments posted must relate to the topic that is being discussed and/or congruent with the nature of the social media Web site and its nature of business or service. We will not allow comments or posts that include: • Attacks on another Vendor or a Vendor's products -profanity and vulgar or abusive language -personal attacks of any kind against Oakland County Market Vendors or patrons or the Oakland County Parks and Recreation Commission -threats of physical or bodily harm -advocating an illegal activity -sensitive information (for example, information that could compromise public safety) -offensive comments containing terms that target or disparage any ethnic, racial, religious or other groups -off-topic comments (if you have topics you'd like to hear more about, please suggest them by submitting e- mail to us at ocmarket@oakgov.com -questions from the media -infringement or violation of existing copyrights or trademarks -seam, service or political organization or individual identical posts by the same user (please don't submit over and over expecting the post to show up faster), multiple users (a group of people sending identical messages, or one person submitting under different aliases); in the case of identical posts, we will post the first submission If comments containing any of the above -listed restricted content are posted, Oakland County Market reserves the right to delete submissions that violate any of the above - stated restrictions. Vendor Advertising and Promotions The Oakland County Market allows vendors to post on their social media Web sites as long as it follows these guidelines: Vendors are not allowed to advertise the pricing of their products. Vendors can mention that they have "specials" or "sales" but cannot list prices for items. Vendors are encouraged to use the Oakland County Market's social media Web sites as a place to share, comment or post as long as the posts are not in excess. Excessive posting will be addressed on a case by case basis by Market Management. Vendors are not allowed to discuss other Vendors or their product when they are promoting their business or product. Oakland County Market Regulations Revised 2/2015 142 II111dIYL1:ii:111111111111 1 1 AIIIIIIA I IIYi I, 11111111iIIIIJ' II'1I. 111:d11 I ,I L111tI4I:111:; i111III 11111'W11W1"II L11 111 1, 11'llW1'1111 11 illY'u11tll hill 1e II I A11,4AIJIWiW 11YAYY1L11,1 I1.uI V1Y IIII u1111 YYY'1111— APRIL 14, 2015 l�TG1'►�NGt►I����1�J►1� Jrl �i'►�� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA AGENDA ITEM NO. 10 G COMMUNICATIONS & MARKETING To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Desiree Stanfield, Supervisor- Communications and Marketing Submitted: April 7, 2015 Subject: Semi Annual Communications and Marketing Presentation INTRODUCTION AND HISTORY The Communications and Marketing Unit provides an essential service to the 13 parks, special events and programs. Oakland County Parks' integrated marketing and communications initiatives parallel National Recreation and Park Association's standards for Commission for Accreditation of Park and Recreation Agencies (CAPRA), Its strategies are classified into six main components: public relations, media relations, social media, marketing, advertising and branding. The unit serves as an "in-house agency" that also provides photography, videography, design, website content creation, printing, social media and signage. Our primary role is to create general awareness to increase attendance, revenue and participation with measurable results. Additionally, we promote the parks system regionally, statewide and nationally as a leader in the parks and recreation profession. An overview of 2015 Initiatives will be presented, including the following: Waterparks -Efforts to promote the new season pass at both waterparks -Special events including a radio promotion plus guest and character appearances Golf Courses -integrated marketing mix including a digital billboard, CBS golf show and trade publications -Advertising with the Detroit Tigers Campgrounds -Pure Michigan and Michigan.org advertising -Camper-specific publication advertising Recreation Program Services -Vinyl wraps for high -profile vehicles -Market Cooking Demos Social MedialMedia Initiatives -Mobile Selfie Spots -Media Value Tracking 143 Branding Public Relations: Maintenance of a favorable public reputation through working with media. The purpose is to inform the public of OC Parks' mission, policies, practices, facilities, programs and events in a positive, consistent and credible manner while building a strong relationship with the general public Media Relations: Coordinating directly with media to maximize earned positive coverage while building a relationship with media individuals Social Media: The collective of online communication channels dedicated to community -based input, interaction, content -sharing and collaboration Marketing: Promoting and selling products or services through market research and pricing strategies Advertising: Producing advertisements for commercial products or services for mostly paid recognition Branding: Creating a unique name and image for a product with a consistent theme, aims to establish a significant and differentiated presence in the market that attracts and retains loyal customers Definitions developed using Public Relations Society of America's terminology for industry segments. 144 Desiree Stanfield Supervisor 7:30 a.m.-4 p.m. 248.858.4627 w 248.410.5758 c AMT Advertising Annual Report Marketing Branding/Marketing Committee Master Planning Committee Media relations Oakland County Fair Signage SPDF & Gold Medal Committee 50th Anniversary Committee Videos Pat Brockway Technical Assistant Monday —Friday 8 a.m.—noon 248.858.4607 Air Fair FootGolf Glow Golf Golf courses Marshmallow Drop Mobile Recreation Natural Resources Newsbreak SPDF Meagan Bridget Shafto Comm unications/Mkt. Asst. 7:30 a.m.-4 p.m. 248.858.1086 w 248.884.9326 c Dedications/open houses Marketing Ellis Barn weddings Fire and Ice Festival Media relations Nature Centers Oakland County Fair Presentations Social media Trade shows Waterparks 50th Anniversary Committee Patricia Lindsay Technical Assistant Days/hours vary 248.858.4624 Photography: event, park, program Media Management Videography PROJECT COORDINATION Melissa Wagner Graphic Designer 8:30 a.m.-5 p.m. 248.858.4629 Design and layout of print and digital material Digital images Creates logos, maps and drawings Designs displays J Jonathan Schechter Nature Education Writer Tuesday & Wednesday 7:30 a.m.-3:30 p.m. 248.858.0520 w 248.701.7451 c Wilder Side of Oakland County blog Nature interpretive signage State/national magazine stories Environmental issues _ _ r parkspr@oakgov.com Mary Zednik Communications/Mkt. Asst. 7/730 a.m.-3:30/4 p.m. 248.858.4628 CCI Newsletter Coordinates print jobs Photography with Pat Lindsay Plaques Promotional items Website oversight/home page banner requests Deliveries Information packets Brochure distribution Jennifer Smith Technical Assistant Tuesday & Thursday 8:30 a.m.-2:30 p.m. 248.858.4928 Award nominations Campgrounds Commission agenda covers Dog parks Emarketing Restroom posters Volunteers Jane Peterson Technical Assistant Monday, Wednesday & Friday 9:30 a.m.-3 p.m. 248.858.4611 Adaptive Recreation BMX Display requests Oakland County Market News releases Newsbreak articles Park info signs Winter events: cross-country ski, snowshoeing, platform tennis, ice fishing 15 Oakland County Parks Communications and Marketing Summer 2015 Initiatives Year -Round Programs • Family Nature Programs • Scout Badge Days • "Wild" Birthday Parties 1� • Starlab (portable planetarium) � • Field Trips for all ages - including pre-school! a Visit DestinationOahland. corn JUEul 146 OFFER ENDS J J. I Family Discount WATERPARKS %.Wwn 111 rnnlu Buy Onlinetat Kwaterparks.com NEW - Season Passes ■ Available for Red Oaks and Waterford Oaks waterparks ■ Unlimited visits all summer ■ Valid only at the waterpark for which they are purchased Added Value ■ Present your season pass from your "home" waterpark to receive a $5 discount admission at the other waterpark. ■ Discount applies only to season pass holders, not additional guests. ■ Save $5 on each additional season pass! ■ Deal is good for up to four additional season passes purchased, for the same household, on the same receipt. ■ Additional passes must be purchased in the same transaction. Special Events Red Oaks Waterpark ■ 95.5 #TownTour o June 12 (6-10 a.m.) ■ Disney Star Peyton List o August 8 (1-4 p.m.) Waterford Oaks Waterpark ■ SpongeBob character visit; tie into food and beverage IMOJO IN THE MORNING'S TOWN TIM o 3 i 147 GOLF COURSES ■ Michigan Golf Show ■ Digital billboard on 1-96 east of Beck Road ■ CBS Golf TV Show ■ Jeff Lesson on Golf Ads ■ USA Today Detroit Tigers Section & Yearbook ■ Carl's Golfland & Michigan Links Magazine CAMPGROUNDS ■ MARVAC Camping Show Directory & Facebook ■ Pure Michigan Magazine ■ Good Sam RV Travel Guide ■ Michigan.org ■ Family Motor Coaching Association ■ Tourist Oriented Directional Signage o 1-75 exit 101 North & South BrytwonWhb ofoamping.get $2 off 3rd night Waterford Ochs PItEE weterparh ME PURE ICHIGAN PLAY srnv PLAN Sr e e4uks s •4hrarwerreMw 73 Addison Oaks County Park PURE f I C H I G A N PLAY STAY PLAN SHOP BLOB MAP s Groveland Oaks County Park J lntomudon Yap Weather ! Intormadon Map Weather Addison Oaks • Address 1480 West Romeo Road Leonard, hg 48367 Groveland Oaks County Park Web Sim 7E Address 14555 Dale Hghray HoOy, Ah 48442 DfW.0 ae<bons 148 RECREATION PROGRAM SERVICES . now lost st c I Q t Vehicle wraps for Mobile Recreation Units ■ 5 trailers and nature center Trail Blazer ■ Driving billboards traversing major county roads ■ Dixie Highway, Woodward, Telegraph, M-59, 1-75; 60,000 miles ■ Six units $15,000 SOCIAL MEDIA/MEDIA INITIATIVES Social media shout outs on site Broadcast Media Value to -date: $110,863.42 a 149 TWT Oakland County Parks and Recreation Posted by Meagan Bridget Shafto 1/ March 1E at 4:07pm Edited I II k4 Today we gratefully acknowledge the work of Eagle Scout Candidate Tristan Thomas. He built and donated 22 Nest Boxes to the Natural Resources Stewardship Program at Oakland County Parks_ Tristan's donation will help further native bird conservation and provide nesting Facebook structures for birds including the Eastern Bluebird and the Tree Swallow. 771 people reached Like Comment Share 15 45 tr 3 c? 1 M, ■ Promotion on Facebook helps create a greater awareness of events ■ Timely promotions ■ Social sites engage with and assist with answering questions and talking with patrons about events, locations, etc. ■ Actively promoting positive events ■ Including the patron's name so that he/she will share ■ Supervisors actively engaging in social media publicity t Oakland County Parks and Recreation added 3 new photos. Pe5ted by Lleag2n 136dget Shafts I I April 3 at 10:4Com N 10,000 marshmallows have been dropped so far at the Great Marshmallow Drop at Catalpa Oaks! 1.118 people tea cbeo 4b 4 150 Twitter @DestinationOak and @OCParksNews OCP coordinates with 14 Mrs. weber,:: L,;l.l�_11 = 1.1,i mommy bloggers for t FREE potatoes + a cooking demo at this weekend's Oakland Co_ Market! facebook.comlmrs,,vebersneigh... Thnx r -1DestinationOak & r.:c!almont2 for event publicity. info! Staying on -trend is important; use national days to interact with leading organizations A;,4, 2 Oakland County Parks I,1af ; ,E Celebrate National Walking Day 411 & hike at an f-OaklandCounty Park 1v1 miles of safe, enjoyable trails t_,Amer-ic.an_Heart Wilder Side of Oakland County Blog The blog will be located at OCPoutdoors.com. Topics ■ Arctic Invaders Approaching Oakland County ■ Eastern Chipmunks: More than a Meaty Mouthful ■ A Spring Tale of Two Plovers Blog Posts have been shared by: ■ Sleeping Bear Dunes ■ Huron —Clinton Metro Parks ■ International Wildlife Refuge Alliance ■ Keepers of the Shiawassee ■ Michigan Audubon ■ Michigan Department of Natural Resources ■ Michigan Outdoor Writers Association ■ North Oakland Headwaters Land Conservancy ■ Oakland Press Bloggers ■ Six Rivers Regional Land Conservancy WILDER SIDE OF OAKLAND COUNTY A bundle of seemingly endless energy, easily recognized by two white stripes that are bordered by black on its rusty -red sides, has emerged from winter life underground to the topside habitats of all Oakland County Parks. It's time to welcome the eastern chipmunk. 151 I Event Planning From the word "Go," Communications and Marketing assists with the planning of advance promotions and publicity while focusing on day -of event coordination. ■ Marshmallow Drop ■ Red Oaks Connector Trail Dedication ■ Catalpa Oaks Come Out and Play/Media Day ■ Butterfly Parade/Media Day ■ Oakland County Fair Media Day/TJ Craven performance Interpretive Signs ■ Beavers impact on parks ■ Vernal ponds' role in parks ■ Ghost River — George W. Kuhn Drain I I y im<ik..R�w,. r��a�wmak.Nmea,m6,he mom-n� _ / m+tnlil uililrknc�hAF..nJ lnnnh�h p�hnN hr thnr �; nMm,nn fmJ crly- l`N.�,h<rvrtr dd+M.v 6rm++,vim �l ilothedrm �I,h braniw.prpJle,Mrmonhe Twp.nJ and Am Employee Recruitment _. ► u , A great place 1, IIW_ , , to play �, v () r� www.oattgov.com/hr/jobs Efforts began in December with advertising in The Oakland Press, on social media, a job flyer provided to OC Human Resources and job information posted on the landing page of Destination Oakland.com. 152 January ads included: ■ The Oakland Press, Troy Times, Madison Park News, Sterling Heights Sentry, Royal Oak Review and Rochester Post. ■ Collegiate student newspaper ads: Central Michigan University Life, The Eastern Michigan University Echo, The University of Michigan Daily, The Oakland University Post and The Michigan State University News ■ Tweeted to Fox 2's Murray Feldman who shared on his Job Shop segment ■ 3' x 5' road signs at 20 park locations; total exposure via daily vehicle count*: 88,210 ■ Decals for park site entry doors ■ News release ■ Provided suggested tweets and Facebook posted with Bill Mullan to share with other county staff. ■ Developed jobs flyer for OC Human Resources plus a food and beverage jobs only version; staff requested printed copies for Oakland University and Oakland Community College recruiting events; South Office; MARVAC Camper Show; Fire and Ice and more. Trails Promotion PUR�t(IGNWAN nm' im' Atiti I iu1 I aaa I we ` Independence Oaks County Park I�sPoe 1+��� til RUN bdrye�0� IL �i :a+lrArt�isY � 3 i 41 2 0 3602 Pure Michigan Michigan Trails Magazine 153 1CSY.AIJWG1041Pk eill0 1 h A � 11 ',I ►�� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Submitted: April 7, 2015 Subject: OCPR Marketing Goals — Marketing Committee Update INTRODUCTION AND HISTORY AGENDA ITEM NO. 10 H ADMINISTRATION OCPR Commission Chairman Fisher and staff will be prepared to provide a verbal update to the Commission on the status of the OCPR Marketing Committee goals that have been identified. 154 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2014 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Submitted: April 7, 2015 Subject: Proposed 2015 Budget Study Session Dates INTRODUCTION AND HISTORY AGENDA ITEM NO. 10 I ADMINISTRATION Staff is recommending the Commission schedule two study sessions to present and review the proposed FY 2016-2018 OCPR Commission Budget. The proposed dates are as follows: Wednesday, April 29, 2015 @ 2:00 p.m. Wednesday, May 27, 2015 @ 2:00 p.m. MOTION Move to approve two OCPR Commission study sessions — one on Wednesday, April 29, 2015 at 2:00 p.m., and one on Wednesday, May 27, 2015 at 2:00 p.m., for the purpose of presenting and reviewing the proposed FY 2016-2018 OCPR Commission Budget. 155 l 1®1.1o_1►1ggko 6J 4164 gal; i� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 AGENDA ITEM NO. 10 J PLANNING RESOURCE DEVELOPMENT To: Chairman Fisher and Commission Members From: Dan Stencil, Executive Officer Melissa Prowse, Supervisor, Planning & Resource Development Submitted: April 9, 2015 Subject: Waterford Oaks Greenhouse License Agreement with RecoveryPark INTRODUCTION AND HISTORY At its December 10 meeting the Commission authorized staff to negotiate a lease with RecoveryPark for the greenhouse complex. Further direction has been provided for staff to negotiate a short-term license agreement with RecoveryPark. RecoveryPark will be utilizing the greenhouses for research and education, collecting data on seeding cycles, germination cycles and harvest cycles and yields. RecoveryPark will not be using the space as part of its workforce training program due to its size, but rather will use the greenhouses as a research facility to inform growing operations and practices at other facilities currently under development. After the December Commission meeting, RecoveryPark was granted access to the Greenhouse Complex via Temporary Use Permit, with intent to clean and sanitize the greenhouses, inventory equipment, and measure/plan for future equipment/material purchases in preparation for the execution of the proposed lease. Staff advised RecoveryPark that no planting should occur in the Greenhouses. Without staffs prior knowledge, RecoveryPark began growing micro greens in the existing community garden beds as part of their testing of the facility. They are selling the greens to several local restaurants as a method of off -setting their operational costs at the greenhouses. Because of this use, the proposed license agreement includes payment of utilities and rent for the time period from December 19 — March 31, as well as the monthly license fee and utility reimbursement for the remainder of the license period. ATTACHMENTS - Proposed License Agreement - Exhibit A -Aerial Site Map - Exhibit B-Consent Judgment - Exhibit C-Insurance Requirements STAFF RECOMMENDATION The staff recommends approval of the license agreement for the Waterford Oaks Greenhouse Complex with RecoveryPark. MOTION Move to approve the proposed License Agreement with RecoveryPark for the use of the Waterford Oaks Greenhouse Complex. 156 =AKLAND COUNTY PARKS License Agreement on0akland.com The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a license for use of its Property as set forth herein to: Name of Entity or Person ("Licensee"): RecoveryPark Address: 8201 St. Aubin Street, Suite # 200, Detroit, MI 48211 Contact Person: George Gardiner Telephone Number: 586-292-7726 E-Mail Address: ggardiner@recoverypark.org For and in consideration of the issuance of this License, the Parties agree to the following terms and conditions: 1. Use of OCPRC Propertv. Licensee may only use the Property described below for the purposes set forth in this License. 1.1. Location. Waterford Oaks Greenhouse Complex located at 1580 Scott Lake Road, Waterford, MI 48328 including greenhouses and surrounding land (approximately 4 acres), which is depicted and described in Exhibit A to this License (hereinafter "Property"). Exhibit A is incorporated into this License. 1.2. Use. The Premises shall be used only for the following purposes: (1) the non-profit operations of Tenant consistent with its mission and purpose; (2) research for growing, including collection of data on seeding cycles, germination cycles, and harvest cycles and yield; upon request of OCPRC, the information received from this research shall be shared with OCPRC and the public; (3) education programs for the general public. Tenant shall only grow and harvest agricultural and horticultural products from the Premises. Tenant shall not grow Cannabis (commonly referred to as Marihuana) on the Premises for any reason. Notwithstanding any other provision in this License, Licensee shall not use the Property as part of its work force training program due to its size. The Parties acknowledge that Licensee may sell agricultural and horticultural products harvested from the Premises to off -set the costs of this License and such sale shall have the goal to be not -for -profit. 1.3. Term. This License shall begin on April 1, 2015 and shall end on May 31, 2015, without any action of the Parties. 1.4. License Fee. Upon execution of this License, Licensee shall pay OCPRC five thousand one hundred and fifty-six dollars ($5,156.00), which represents reimbursement for utilities from December 19, 2014 to the date this License is executed and a License Fee for that same time period. On May 1, 2015 and the first of the month thereafter Licensee shall pay OCPRC $996.00 as a License Fee. Page 1 of 1 04-09-15 Version 157 1.5. Pavment. All monies owed to OCPRC under this License shall be paid by check or money order made payable to the "County of Oakland" and sent to the following address: Oakland County Parks and Recreation, Attention: Waterford Oaks, Park Supervisor, 2800 Watkins Lake Road, Waterford, Michigan 48328 or another address designated by the OCPRC Executive Director in writing. 1.6. Signs. Licensee shall not place any signs or advertisements on the Property without the prior written consent of OCPRC Executive Officer. All signs on the Property must comply with state and local laws, rules, regulations and ordinances. 1.7. Condition of Property. Licensee shall keep the Property and anything stored thereon in good order and repair, in a clean, safe, and healthful condition, and free of trash. Licensee's use of the Property shall not cause damage or waste to the Property. 1.8. Access to Property. Licensee shall have twenty-four hour access to the Property; however, Licensee's use of the Property shall not disrupt OCPRC's operations on or around the Property or disrupt any third -parties who live adjacent to the Property. OCPRC shall have twenty-four (24) hour access to the Property for inspection and to ensure Licensee's compliance with this License. 1.9. Alternation to Property. Licensee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by OCPRC. 1.10. Property is "AS IS". Licensee acknowledges that it had the opportunity to inspect the Property and accepts the Property AS IS. 1.11. Condition of Property at Expiration/Termination. At the expiration or termination of this License, Licensee shall leave the Property in the same condition that Licensee found it and clean of all trash. Licensee shall remove of all of its personal property within thirty (30) days of expiration or termination of this License. If Licensee does not remove its personal property within the thirty (30) day period, OCPRC shall dispose of it as it sees fit. 1.12. Smoking. Smoking is prohibited on the Property. 1.13. Herbicides/Pesticides. Licensee shall only use organic or natural pesticides and herbicides (and not petroleum based pesticides and herbicides or other pesticides or herbicides, which require a state license or certification for application) on the Property or in its growing operations on the Property. 1.14. Consent Judgment: Licensee acknowledges and understands that there is a consent judgment that governs the use of the Property (stemming from Case Number 1991- 422171-CZ in Oakland County Circuit Court). Licensee shall not operate a retail business on the Property nor use the Property in any manner that would violate the consent judgment. The consent judgment is attached and incorporated into this License as Exhibit B. Page 2 of 2 04-09-15 Version 158 1.15. Licensee Employees/Agents. Licensee shall not assign or permit any employees or volunteers convicted of felonies to work at the Property. At OCPRC's request, Licensee employees or agents performing work at the Property shall be subject to a background check by OCPRC. The scope of the background check is at the discretion of the OCPRC and the results will be used to determine Licensee's employees and agent's eligibility to perform work at the Property. Any request for background checks will be initiated by OCPRC and will be reasonably related to the work performed at the Property. Licensee and its employees and agents shall provide all information or documents necessary to perform the background check. OCPRC shall pay for the background checks. 2. Licensee Responsibilities. 2.1. Licensee shall provide and pay for the following services at the Property: (a) trash removal; (b) custodial services; and (c) pest, rodent, and invasive species control inside the greenhouses and garden/growing areas located on the Property. 2.2. Licensee and all persons performing work on behalf of Licensee shall not, in any manner, hold themselves out to be agents or employees of OCPRC or Oakland County, Michigan ("County") 2.3. Licensee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property. 2.4. Licensee shall not sell or permit anyone to sell, serve or consume alcoholic beverages on the Property. 3, OCPRC Responsibilities. 3.1. OCPRC shall provide and pay for the following services at the Property: (a) pest and rodent control outside the greenhouses and garden/growing areas located on the Property; (b) lawn and turf management services for the Property; and (c) portable/temporary toilets for Licensee's employees and agents to use while on the Property, beginning May 1, 2015. 3.2. OCPRC shall provide and pay for all utilities (electric, gas, sewer, and water) for the Property and for generator operations; provided however, Licensee shall reimburse OCPRC for all utility costs. OCPRC shall bill Licensee on a quarterly basis or upon termination/expiration of this License (whichever is earlier) for the utility costs in this Section. Licensee shall pay such bill within thirty (30) days of receipt. 3.3. OCPRC shall perform maintenance and repairs for the Property and shall be responsible for the costs associated with up to five thousand dollars ($5,000.00); after five thousand dollars ($5,000.00), Licensee shall be responsible for the costs of such maintenance and repairs. If Licensee is responsible for costs underthis Section, Page 3 of 3 04-09-15 Version 159 OCPRC shall bill Licensee and Licensee shall pay such costs within thirty (30) days of receiving the bill. 4. Liability/Assurances. 4.1. Damage to County/OCPRC Property. Licensee shall be responsible for any damage to any County or OCPRC property or facility that is caused by Licensee, its employees, agents, invitees, volunteers, subcontractors, or any other persons on the Property because of Licensee's use of the Property. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Licensee shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. OCPRC shall bill Licensee for such costs and Licensee shall pay such costs within thirty (30) days of receiving the bill. The damage amount that Licensee is responsible for under this Section shall be limited to three hundred thousand dollars ($300,000.00). 4.2. Damage to Licensee Propertv. Licensee shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to its personal property located, kept, or stored on the Property. 4.3. Liability for Claims. Licensee shall be solely liable and responsible for any Claims by third parties, as defined herein, occurring at or on the Property, which arise out of Licensee's or its employees, agents, invitees, volunteers or subcontractors use of the Property. 4.4. Hazardous Material. Licensee shall not cause or allow any person or entity to cause any hazardous material, waste, or debris to enter any OCPRC or County property. 4.5. Indemnification. Licensee shall indemnify, hold harmless, and defend the County, its Boards, Commissions, officials, and employees from any and all Claims, as defined herein, that are incurred by or asserted against the County or its Boards, Commissions, officials, and employees by any person or entity which are alleged to have been caused by or found to arise from the acts or omissions of Licensee or its employees, agents volunteers, subcontractors, invitees, or any other persons on the Property as a result of Licensee's use of the Property. 4.6. Definition of Claim. "Claim" means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against Licensee or for which Licensee may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 4.7. Section 4 and the duties and obligations contained herein shall survive the expiration or termination of this License. Page 4 of 4 04-09-15 Version 160 5. Insurance. Licensee shall obtain and maintain insurance according to the specifications set forth in Exhibit C. Exhibit C is incorporated into this License. 6. Compliance with Law and Park Rules. Licensee, including its employees, agents, volunteers, invitees, and subcontractors must comply with all applicable federal, state, and local laws, regulations and ordinances, the OCPRC Rules and Regulations and the requirements of this License. A copy of OCPRC Park Rules and Regulations shall be given to Licensee upon execution of this License. The OCPRC Park Rules and Regulations can also be found on the OCPRC website. 7. Successors and Assigns. This License shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Licensee shall not assign any portion of this License without the prior written consent of OCPRC. 8. Waiver. The failure of OCPRC to insist upon strict performance of any covenants or conditions of this License or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions, or options, but the same shall be and remain in full force and effect. No covenant, term or condition of this License shall be deemed to have been waived by OCPRC, unless such waiver is in writing by OCPRC. 9. Amendments. This License cannot be modified unless reduced to writing and signed by both Parties. 10. Severability. If any term or condition of this License or the application thereof is deemed invalid or unenforceable, to any extent, the remainder of this License or the application of such term or condition shall not be effected. Each term or condition of this License shall be valid and enforceable to the fullest extent permitted by law, unless the removal materially alters the basic intent of the Parties in executing this License. 11. Governing Law. This License shall be governed, interpreted, and enforced by the laws of the State of Michigan. 12. Counterparts. This License may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 13. Entire License. This License sets forth all covenants, promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 14. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein. APPROVED AND AUTHORIZED BY LICENSEE: NAME: TITLE: Page 5 of 5 04-09-15 Version 161 SIGNATURE DATE APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: SIGNATURE DATE Page 6 of 6 04-09-15 Version 162 1 N • 3 EXHIBIT A Masonry Garage (Shared Operational Use) A Q Leased Area - 3.7 Acres Barn Area - Not Part of Lease 0 Map Revised 041912015 I " I 100�00 Feet 163 EXHIBIT B_ 1,149 2 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND ERIC M. ERNST and DIANE ERNST, husband and wife, Plaintiffs, -vs- WATERFORD TOWNSHIP, a Michigan Chartered Township, and EDWARD J. FISH, JR. , Waterford r Township Director of Planning, Defendants, STUART H. COONEY (P 25900) Attorney for Plaintiffs GERALD A. FISHER (P 13462) Attorney for Defendants 30903 Northwestern Highway P.O, Sox 3040 Farmington Hills, MI 48333-3040 (313) 851-9500 CONSENT JUDGMENT At a session of said Court held in the Courthouse in the City of Pontiac, Count of akland, State of Michigan on ni PRESENT: Honorable BARRY ! , ; fOWARDQm:.uty JUt) The parties having filed pleadings in this case raising the question of the extent to which Act 93 of the Public Acts of 1981, as amended, the so-called Michigan Right to Farm Act, restricts Township regulation of Plaintiffs' property and operation, and the parties having resolved this dispute by compromise agreement that the Plaintiffs' property and operation shall be restricted as Case No. 91-422171--CZ Hon, Barry Howard r NAM 164 EXHIBIT B provided in this Judgment based upon the Cour_t's equitable jurisdiction, and the Court being fully advised'in the premises; NOW, THEREFORE, IT IS ORDERED AND ADJUDGED AS FOLLOWS: 1. The property which is the subject matter of this Consent Judgment ("the property") is known as parcel number 13-13-300--195, commonly known as 1580 Scott Lake Road, Waterford Township, Oakland County, Michigan. The property is approximately 5.2 acres in area. 2. Plaintiffs shall be authorized to use the property as permitted in this Judgment. 3. Plaintiffs shall be permitted to retain and use the structures currently situated on the property, as shown as existing t structures on the Plan attached and incorporated as part of this Judgment. The structures shall be used for the purpose specified on the Plan. Plaintiffs shall be enjoined from constructing and/or using any one or more structures on the property which are not expressly permitted in this Judgment, subject to the provisions of Paragraph 8, be -!ow. 4: Aside from single family residential use, Plaintiffs shall be permitted to use the property for the purpose of growing flowers and plants, and for retail sale of such flower and plant materials grown on the property. There shall be no importation to and sale from the property of items or materials not grown on the property, provided, Plaintiffs shall be permitted to purchase plant materials '. which are grown from seed on other premises, with the understanding that at least four weeks of the growth process for such materials ', shall occur an the property prior to sale. With the sale of flowers and/or plants, Plaintiffs shall be permitted to sell pots, baskets or potting soil for flowers and/or plants (mixed on the 2 165 EXHIBIT B premises), Plaintiffs shall be enjoined from using the property for purposes other than single family residential use except as expressly authorized in this Judgment, and, subject to the provisions of Paragraph 8, below. 5. Plaintiffs shall be permitted to use the property for the retail sale of the referenced flowers and plants, and the related items specified above, within the season or period May 1 through June 10 each year. In addition, at times other than in the May 1 through June 10 season., Plaintiffs shall be permitted to make Z casual sales of such items in accordance with this paragraph. Such casual sales are intended to involve the presence of up to one or t two customers at a given time on the property. While Plaintiffs i Y 5 shall not be required to prohibit a small number of additional z customers (more than one or two) from being present on the property a at a given time, it is the intent of this Judgment that, except Y d during the May 1 through June 10 season each year, the presence of n u more than one or two customers on the property at a given time would -represent the exception to the rule, and shall in no event represent the typical circumstance or pattern of activity. The limitation of selling season to May 1 through June 10, and a restriction of sale activity to casual sales at other times, as outlined above, constitutes the fundamental basis for the Township's consent to this Judgment, and, accordingly, this provision shall be strictly enforced by the court. 6. Customers for the retail sale of the items specified above shall gain ingress and egress, and shall park their vehicles, as follows: 3 166 5 EXHIBIT B (a) While Plaintiffs operate with the currently existing structures, as Shown on the attached Plan, and/or expand the structures in the manner permitted below sc as to include proposed addition number 1 and/or proposed addition number 3 (both of which are temporary growing structures of pole construction without permanent foundation and with poles set in concrete pots in the ground to provide stability), the following shall apply: (1) During the May 1 through June 10 season, Plaintiffs shall be permitted to utilize the existing driveway onto Scott Lake Road adjacent to the residence on the property, and Plaintiffs shall also be permitted to utilize a second driveway onto Scott Lake Road, provided: (i) Plaintiffs must first seek and obtain a permit for such second driveway from the Road Commission for the County of Oakland; (ii) the location of such second driveway shall be situated as determined by mutual agreement between the Township and the Road Commission for Oakland County to be the safest location for such second driveway (with the Court reserving jurisdiction to resolve any dispute in this regard); and (iii) such second driveway shall not be used, and shall be blocked from use by a locked gate or comparable device restricting any vehicular access, at all times other than during the May 1 through June 10 season. (2) Upon establiEhmenr of the landscape buffer (which shall include existing and new trees) along Scott Lake Road, as shown on the attached Plan, in addition to the existing parking area adjacent to the sales office, Plaintiffs may permit customers to park in the second parking area designated on the Plan, located between the greenhouses and Scott Lake Road. such area may be maintained in grass, however, if the Township determines in the exercise of reasonable discretion that persons using or traveling in or on such second parking area have tracked an accumulation of dirt, mud or the like onto Scott Lake Road, Plaintiffs shall forthwith cease using the second parking area and second driveway unless and until the second parking area is graveled in a manner which is customary for gravel parking lots for retail business purposes, as reasonably specified by the Township Planning Department. (b) In the event Plaintiff's obtain approval. for proposed addition number 2, as shown on the attached Plan, 167 EXHIBIT B then, prior to occupancy and/or use of addition number 2, Plaintiffs shall: (1) ,abandon and remove the second driveway. (2) Widen the existing driveway as shown on the attached Plan. (3) Abandon and absolutely cease and desist from using, and be enjoined from using, the second parking area as a parking area, including removal of any gravel surface of such second parking area if a gravel surface had been established. (4) Be permitted to establish and use parking area number 3, as shown on the attached Plan, north and/or east of the barn on the north end of the property, to be utilized in conjunction with the currently existing parking area. a F = 7. Subject to the terms set forth belUw, if and when a Plaintiffs desire to place one or more new structures or additions Ud on the property for use in growing and/or selling flowers or U 2 punts, such structures shall be restricted to the three proposed J additions labeled proposed addition numbers 1, 2 and 3 on the attached Plan. Plaintiffs shall seek authorization for the a u w construction and use of such structures or additions by the J I " u submission of a site plan in accordance with the specifications for a site plan set forth in the Waterford Township zoning ordinance. such site plan shall be submitted in triplicate to the Director of the Planning Department, The Planning Department shall forward I copies of the site plan to the Director of. the Building Department and to the Township engineer. The Planning, Building and '. engineering Departments shall administratively review such site plan (in lieu of customary site plan review by the Planning Commission) for the purposes of: W- 168 --- - ,- EXHIBIT B.. i (a) Ensuring the adequacy of parking, as shown on attached plans for future parking. (b) Ensuring that the new proposed structure would be consistent with this Judgment. (c) Reviewing for the issuance of a }wilding permit, including conformance with applicable building codes. (d) Ensuring that the structure is within the designated Ic area for future structures, as shown on the attached Plan. If the site plan meets the provisions set Forth above, is in conformity with all applicable law and ordinances (with the -understanding that the terms of this Judgment shall take priority 0 over ordinances inconsistent with this Judgment), and is in a i r conformance with this Judgment, permits shall be issued. a z No structures or improvements not shown on the attached Plan shall be permitted, and the same shall be enjoined, subject to the U 2 Li of Paragraph 8, below. J t 8. Notwithstanding any provision of this Judgment to the 3 W contrary, Plaintiffs shall be entitled to apply to Waterford 0 U Township for a rezoning and/or _or a "variance" from -he Zoning J S ' Y Hoard of Appeals, in which case such applications shall be governed by applicable ordinance and. law. 9. The terms and provisions of zhis Judgment shall be binding upon, and shall enure to the benefit of, the parties hereto, and to their respective successors, assigns, grantees and transferees. i 10. The Court shall retain jurisdiction of this case for purposes of enforcing this Consent Judgment. 11. Plaintiffs shall be required to pay all applicable building permit and site plan review fees required in the future in connection with proposed future improvement/expansion, and shall 6 169 ,,... EXHIBIT B .. J pay the building permit fees for the buildings which nacre been newly constructed on the property. 12. This Consent Judgment may be recorded by either party with the Register of Deeds for the County of Oakland. 13. All claims and causes of action of Plaintiffs aqaiva Defendants shall be merged as part of this Consent Judgment, including, without limitation, the dismissal with prejudice of all claims for money damage relief. Approved as to form, substance and entry: CAMPBELL , KEENAN , EF_ARRY & COONEY J UI 3 STUART B. COONEY (P - 00) xAttorney for Plai afrs U n o KOHL, SECS', iARDLE, LYNCH, By: / GERAL . f'ISHER (P 13462) Attorne for Defendants 9972J65W0RKt 4i_; Drr Pis CIRCUIT COURT JUDGE 7 170 .. . ... .... �g Z, O,Cl fj 10 A- .13 - 30 0 0 QE) q 'R lik ---------- LEJ lz X. IM4 WZ, -:Ml;;,r.,.,k,--. 111,111i Alva "u: IvM... Ej 14- . . . . . . . . ..... C.01 e ERI'ST, FARM t 5 IT, E -PL A64 icievT rmriuguRtm.Q, mc, VL 171 EXHIBIT B KOHL, SECREST, WARDLE, LYNCH. CLARK AND HAMPTON CO U N S E LED R SAT L A W 30903 NORTHWESTERN HIGHWAY P.O. SOX 30A0 FARMINGTON HILLS, MICHIGAN 40333-3040 GERALD A. 1`15HER TELEPHONE (313) 851-9500 TELEFAC51-- (313) 851-2158 December 8, 1992 Township Board Charter Township of Waterford 5200 Civic Center Drive Waterford, MI 48329 94 MACOMB PLACE MT. CLEMEN5, M14B043-7903 (313) 465-7180 TELEPACSIMILE{313)465-0673 7335 WE5T5HIRE ❑R., 5UITE 103 LANSMG, M148917-.9764 (517) 627-1681 7ELEFACSIMILE (517) 6Z7.1867 500A TRUST BUILDING 4C PEARL STREET, N.W. GRAND RAPIDS. M149-903-3009 {615) 459.9848 TELEFAC5IMILE (616) A56.1450 3061 COMMERCE DRIVE P.O. DOx 611068 PO RY HURON, NI 48061-1068 (313) 385.88a5 T£ L E FAC 5 I M I L E(313) 3 8 5 - 9 5 9 3 RE: Eric M, Ernst, et al v Waterford Township, et al Dear Members of the Township Board: The referenced case was commenced against the Township by Mr. and Mrs. Ernst in November of 1991 relative to their greenhouse/retail sale activity on the east side of Scott Lake Road adjacent to the Waterford Oaks County Park. The lawsuit seeks a court determination that: (1) The greenhouse/sale activity amounts to a "farm operation" governed by the Michigan Right to Farm Act; (2) The Township has no right to regulate the activity; (3) The property owners have the right to install buildings consistent with appropriate farm practices; and (4) The Plaintiffs request money damages for a violation of the civil rights of the Plaintiffs, Because of an earlier decision in the Michigan Court of Appeals which I consider to be improperly decided, Plaintiffs have some basis for claiming that their operation is exempt from applicable zoning ordinances. In order to correct this situation, the Township would be required to take this case to the Michigan Court of Appeals, and probably have to seek relief in the Michigan Supreme Court, a court which only takes those cases which they deem to be meritorious. Thus, in order to fight this case, the Township would have to expend significant amounts of money. Consequently, we have been negotiating for the. purpose of determining whether a settlement agreement could be reached which would be mutually acceptable to the parties, and serve as an inducement not to litigate further, e'V,;S�1.�i5kk'ph�F,I;�'Grr �+F 172 EXHIBIT B KO-, SVCREST, WARDLE, LYNCH, CLARK AND HAMPTON Waterford Township Board December 8, 1992 P acre Two Enclosed is .a proposed form of Consent Judgment which permits a moderate expansion of the operation, but restricts any type of extensive business on the property. The enclosed Judgment, together with a present and future site plan (to be provided to you by the Planning Department) are recommended as a very appropriate alternative to further litigation in this case. I am hopeful that you will be able to act on this at your meeting of December 14, 1992. We have a court date scheduled on December 15, 1992, at which the court is awaiting determination on settlement, Best regards, tyou y truly, Ger A. Fisher GAF/j es cc; Ed Fisch, Planner James Schafer, Planner 173 O nnis KH5 DEI'AI2TMENT OF PLANNING Deanis M. Riitsr, Supervisor WATEDFODD' Edward J. Fisch, Jr. BettyFortinu, Clerk p-ip Director Pau] D Treasurer A CIjI�I�TEV TO WNS Gcvendn Dempsey, Trustee Bill Glover, Trustee Rntherine G. Ines, Trvaee 5200 Ciivir Center Drive Jean A. Scott, Trustee Waterford, Michigan 48329-3713 Telephone 674-3111 MEMORANDUM DATE; December 7, 7992 TO: Dennis M. Ritter, Township Supervisor FROM: Jim Schafer, Assistant Director- Planning Department RE: Emst Site Plan/Consent Judgement Attached is the most recent revision to the above -referenced site plan which was delivered to this office by Bill Goga - Keft Engineering on today's date. The plan has been revised to adequately address all of the Planning Department's previous review comments, By way of a copy of this memo, I am informing Gerry Fisher of same, If you have any questions, please give me a call. JTS/pah cc: File 174 EXHIBIT B _ -77 KOHL. SECREST. WARDLE, LYNCH, CLARK AND HAMPTON COUN 5 E L O R S AT LAW 30903 NORTHWESTERN HIGHWAY P,O. BOX 3040 FARMING70N HILLS, MICMIGAN 48333.3040 GERAL❑ A. FISHER Stuart B. Cooney, Esq. Clarkston Mills, Suite 1 20 West Washington Street Clarkston, MI 48346 TCL.EPH O N E (3F3) 851-9500 TGLLrAC51 MILE (313) 551-E17 D November 4, 1992 'r; ,jti fs i D4 MACOMB PLACE MT, CLEMENS. MI 48D43.7903 (313) a65-7I8 D TELEFAC5IMILE(313j 465.0673 7335 WESY3NIRE OF., 31JITE I03 LANSING, MI 48917.9764 (am 627•18BI TELEFAC5IMILE (817) 6@7-1887 600A TRUST PUtLDING AO PEAML STREET, N.)P. GRAND RADIOS, MI 49503.3009 (6'6) 459.g048 TELEFACSIMI LE I6!E) 466-1450 3061 COMMERCE DRIVE P.O. BOX 6110118 PORT HypON, Mt 48051-1000 (3t3) 3e5•B808 ELErAC5IMILE (313) 3S5.9533 R-F ` Ernst v Waterf ord Tcwnshipr=F„( Dear Stuart: Consistent with our discussion, I have now prepared what I understand to be the final draft of the Consent Judgment text for the referenced case, which is enclosed with this letter. It is my understanding that your client is in the process of having Mr. Goga make all necessary modifications in the plans which will be attached to the Judgment. I strongly recommend that you also make contact with Mr. Goga so that all of the inclusions on the plan, as required in the settlement, find their way into the plan. Also consistent with our telephone discussion, in order to save our clients the cost of an unnecessary court appearance, I have made arrangements with Judge Howard's office to modify the trial date in the case from November 9, 1992 to Tuesday, December 8, 1992 at 8:30 in the morning. When the plan has been completed by Mr. Goga, please have copies immediately delivered to James Schafer in the Township Planning Department for review, I am hopeful that we will be able to place this matter before the Township Board within the next couple weeks, 175 ......... . EXHIBIT B KOF. SECREST, WARBLE. LYNCH. CLARK AN❑ HAMPTON Stuart B. Cooney, Esq. November 4, 1992 Page Two Best regards. Yours very truly, Gerald A. Fisher GAF/jes Enclosure cc: Dennis Ritter, Supervisor James Schafer, Planner 176 EXHIBIT B MEMO October 19, 1992 - TO: Dennis Ritter: Supervisor PROM: Jim Schafer, Ass'_t. Planning Director RE: Ernst v. Waterford Township The Planning Department has reviewed the latest revised draft of a proposed consent judgement for the above -referenced case. As revised, we have no additional comments which remain to he addressed as far as the test is concerned. However, we have not received a revised site plan reflecting --he provisions of the draft consent judgement. Therefore, until such time as we have had the opportunity to review and comment on said plan we are unable to affirm conformance of the draft consent judgement. text with the required site plan.. Accordingly, we await submittal of the site plan for our review and comment. By copy of this memo Gerry Fisher has been notified of the status of this case from the Planning Department's perspective. If you have any questions please give me a call. JTSIgd cc: Ed Fisch, Planning Director Gerry Fisher, Township Attorney File 177 EXHIBIT B . _ :.- .._.,__...:.. = .- KOHL, SECREST. WARDLE, LYNCH, CL.ARK AND HAMPTON COUNSELORS Al' LAW 30903 MbRTHVJESTERN HIGHWAY P.V. BOX 3040 FARWNGTON HILLS, MICHIGAN 40333.3040 GERALD A. FISHER TELEPHONE (313) 551.9500 TCLEFAr UIMILE (313) 891.215e October 13, 1992 Stuart B. Cooney, Esq. 20 W. Washington, Suite 1 Clarkston, MI 48346 RE: Ernst v Waterford Township Dear Stuart: BA MACCMC PLACE NT. CLEMENS, MI A5043-7903 (313) 46 5.716 0 T£LEFAC5I MILE(313)4G5-0673 7335 WESTSHME CR„ SUITE 103 LAN5ING. MI 4" 017.97e4 (Sri) e27-I8e1 7CLEFACSIMILE {917) 1027.1587 SODA TRUST BUILDING 40 PEARL STREET, N.W. GRAND RAPIDS. MI g9S03.3009 (616) 459•80415 T ELEFAC SI-LE ((j15) 45 6. 145 0 r, Iew I `€ 14f 0IGT ! 1992 p=u� . . r\-"' i IP, ITYIV.1511[p PLAN"�Hl` II (::OMII133ioN, PER Enclosed is a marked up copy. of my prior September 29, 1992 draft of Consent Judgment, containing modifications consistent with your October 7, 1992 letter to me. The changes made are as follows: 1. In Paragraph 4, 1 have added language which would permit, with the sale of flowers and plants, the sale of pots, baskets or planting soil for such flowers and/or plants (mixed on the premises). I have not included your requested authorization for the independent sale of potting soil for the reason that this opens the door to retail operations beyond the contemplation of all of our settlement discussions, 21 In Paragraphs 5 and 6, 1 have broaden the language so as to include the concept that, in addition to the sale of flowers and plants, there would be the authorization for the sale of the items specified in Paragraph 4. 3. In Paragraph 6(a), I have clarified that the temporary growing structures of pole construction would have poles set in concrete pots in the ground to provide stability. �4. In Paragraph 6(a)(2), I have clarified that the parking lot would not have to be graveled until an accumulation of dirt, mud or the like was determined to be tracked onto Scott Lake Road. 5. In Paragraph 11, I have deleted reference to the requirement of your client paying penalties relative to the failure to cb-ain building permits for the newly constructed buildings on the property. 178 EXHIBIT B Stuart B. Cooney, Esq. October 13, 1992 Page Two KO-L. SECREST, WARPLE. LYNCH. CLARK AND HAMPTON Finally, with regard to the landscape buffer, the purpose of such improvement is to prevent ingress and egress in all locations along Scott Lake Road except at the approved driveway, and to establish a buffer between the parking area and the street and nearby residential. I have confirmed with the Township planning staff that the buffer requirement should take effect at such time as the area adjacent to Scott Lake Road is to be utilized for parking purposes. In order to proceed expeditiously on. this matter, I am transmitting this letter to you concurrent with my transmittal to ToT4mship officials. In the event that the Township. administration is not satisfied with any of these proposed modifications, I will advise.you as quickly as possible. In the meantime, please confirm that these modifications provide an appropriate basis for resolution of the case so that I can schedule this matter for consideration by the Township Board. Best regards. Yours very truly, Gerald A. Fisher GAP`/ j e s cc: Dennis Ritter, Supervisor Jim Schaefer, Assistant Township Planner 179 EXHIBIT B KOHL, SECREST, WARDLE, LYNCH, CLARK AND HAMPTON 94 NACOMB PLACE COUN SELOftS AT LAW MT. CLEMENS. M! a8043�7903 (213)4GS-7150 30903 14OR711WESTERN HIGHWAY TELEFACSIMILE l313)465-0673 P.O. BOX 3040 FARMINGTON HILL5, MICHIGAN 48333-3040 7335 WESTSNIRE OR,. SUITE 103 LANSING. MI ds917•a764 ---.-- (5I7) G27•18 at G ERAL❑ A. FISHER TELE PH ONE (313}951.9544 TELEFACSIMILT (SI7) 627.1687 TEL.EFAC OI MaCr�(3t3}891-2I9B OOOATP.UST 5VILUING 40 PEARL STREET, N.W.. GRAND RAPIOS, MI 418503-3009 September 29, 1992 (6c61c5-9 oas TELCFACSIMILC (U �6) 456-ISJC Stuart B . Cooney, Esq. •41.. ...... 20 W. Washington, Suite 1 ;, Clarkston, MI 48346 r �`-, -- RE: Ernst v Waterford Township, et al>,hr•r-: :: ':i',: ''?II1);:(•iir` Dear Stuart: _._..._....... ......... .___ ._._.—_. I am in receipt of your September 24, 1992 letter, accompanied by a proposed re --draft of Consent Judgment in the referenced case. Your re --draft incorporated several modifications. Subject to the discussion below, I have made the modifications you have requested, and have revised the Judgment accordingly. With regard to Paragraph 4, you have deleted reference to "flowers- and plants," and have substituted authorization for qreenhouse growing and processing procedures and for limited retail sale of the products as produced on the premises. The substitute language proposed is too broad, and would permit activities well beyond those ever discussed. I have attempted to address the concern raised in your September 24, 1992 letter by adding additional language to Paragraph 4, which is offered for your review. In paragraphs 5 and 6, you have again substituted the phrase "greenhouse products" for "flowers and plants." My notes reflect that we have consistently discussed the sale of flowers and plants, and the phrase "greenhouse products," to my knowledge, has no definition or practical limitation. Thus, I have reinserted "flowers and plants." In Paragraph 6(a), your client indicated that the temporary growing'' structures would not have cement or other permanent flooring. What is the meaning of the. phrase "cement based," contained in your draft? 180 EXHIBIT B Stuart B, Cooney, Esq. September 29, 1992 Page Two KOHL, SECREST. WARPLE. LYNCH. CI -ARK AND HAMPTON In Paragraph 6(a)(2), why shouldn't Plaintiffs have to establish the tree buffer prior to starting the new parking use? The use of the front lawn area for parking was the basis for requiring the tree buffer, both for aesthetics, and to assure that cars used only the driveway access onto the property. In Paragraph (6)(a)(2), you have indicated a proposal to have the Road Commission, and not the Township, make the determination whether dirt has been tracked onto the public road, which would give rise to the requirement to gravel the parking area, Inasmuch as this represents a departure from our discussions and agreement at the property, I will pass this along to the Township for review. With regard to Paragraph 6(b)(1), as noted above, the tree buffer was related to the parking of cars adjacent to Scott Lake Road, and not to the utilization of the additional building, With regard to Paragraph 7, you have deleted from plan review for your clients' proposed additions the review for the adequacy of parking, Parking is of significant importance, and has been part of our discussion (and I thought agreement) from the beginning, as reflected in my letter to you of April 16, 1992. With regard to Paragraph 7(b), I have no difficulty with a clarification of terms. Please advise of the intent of your limitation that review for applicable building code conformance would he .limited to building codes "as applicable under this agreement?" At the end of Paragraph 7, you deleted the requirement that new structures must comply with applicable law and ordinances. I am unclear on why such language was deleted. It is my assumption that your client has no desire to propose a building structure which does not comply with applicable ordinances and law, subject to the terms of the Judgment. Please advise on this issue, With regard to Paragraph 8, I am unclear what you mean by the language which authorizes Plaintiffs to apply for a variancd• from the strict terms of the Judgment. This is something never discussed. Obviously., a party is always entitled to request the Township Board to modify the Judgment. 181 - EXHIBIT B KOHL, SECREST. WARDLE. LYNCH. CLARK AND HAMPTON Stuart B. Cooney, Esq. September 29, 1992 Page Three With regard to Paragraph 11, the obligation to pay any penalties for failing to get a building permit has consistently been part of our discussion. Again, see my letter of April 16, 1992. I have attempted to provide expedited turn -around time on your proposal in order to avoid problems with the courts docket, and to put this matter to rest as quickly as possible. Your expeditious treatment of the enclosed would be most appreciated, and would save our clients the necessity of further court appearances, and the like. Best regards. Yours very truly, Gerald A. Fisher GAF/j es Enclosure cc: Dennis M, Ritter, Supervisor Ed Fisch, Planner Jim Schafer, Planner 182 EXHIBIT B KOHL. SECREST, WAR DLL, LYNCH. CLARK AND HA.MPTON 04MACOMDPLACE C O U N 5 E L Q R S A T LAW MT. CLEMENS, MI 45043-7903 (3i3)465-TI80 30903 MORTHWESTEHN HIGHWAY rELEFAC5I MILE(313) 455-0573 P.O. BOX 3040 FARMINGTON HILLS, MICHIGAN 48333.3040 7335 WESTSHIRE OR., SUtTC 103 LANSING, MI 4D917.9764 (517) 5{7•IBO1 QERALD A. FISHER TELEPHONE (3L3) E0 5!-850 TELEFACSI MILE (917) 827-IS87 TELeFwCS/M FLE [313} &SF.'213 Li SCOA TRU87 BVILDING AC PEA"I-STIZEET.N.W. ' GSiANO AAPI O5, MI 4 p 5033009 August 31r 1992 1516) 458-984U 7 TELEEACSIMILE(6'Bj A564ASO ✓ t E � ��}ri F i L.D �yr �� Stuart B . Cooney, Esq. Campbell, Keenan, Harry & Cooney �ti �Cr N ���Z 20 west Washington Suite 1 SHR Clarkston, Michigan 48346 �ILOI fir G (R 1 V,11j910N RE: Ernst v Waterford Township, et al. PER Dear Stuart: Consistent with our meeting of August 27, 1992 relative to the referenced case, I have prepared a proposed form of Consent Judgment resolving all aspects and issues in the case, It is my understanding that Plaintiffs will now have Kieft Engineering prepare a final Plan for attachment to the proposed Judgment. The new Plan must include the designations and inclusions specified in the proposed Judgment, including: Designation of existing parking area, Designation of -second parking area. Designation of third parking area. Designation of existing driveway. Specification of the manner in which the existing driveway will be expanded in the event Plaintiffs proceed with proposed addition number 2. — Designation of driveway number 2. — A description of the uses for each building, including the growing areas and sales office. 183 KOk SECREs C, WARDLE, LYNCH, Stuart B. Cooney, Esq. CLARK AND HAMPTON August 31, 1992 Page Two I am concurrently transmitting a copy of the enclosed draft of settlement to Dennis Ritter, Supervisor, and to Co ---counsel. If any modifications are required �as a result of review by them, I will advise you as quickly as possible. Once you have had an opportunity to review the enclosed with your clients, please contact me for further processing of this matter at your earliest convenience. Best regards. Yours very truly, Gerald A. Fisher GAF/kms Enclosure cc: Dennis Ritter, Supervisor James Schafer, Planner Sean P. Fitzgerald, Esq. 184 EXHIBIT B - - - - KOHL, SECREST, WARDLE. LYNCH, CLARK AND HAMPTON C O LI N S E L O R& AT L A W 3 DCI3 NORTHNYESTCRN HIGHWAY P.O. BOX S040 FARMINGTON HILLS, MICHIGAN 49333-3040 GFRALD A. FISHER TELEPHONH (313) 851.9500 TELEFAGSIMILE (313) 851.2158 February 27, 1992 Ed Fisch, Planning Director Charter Township of Waterford 5200 Civic Center Drive Waterford, MI 48329 RE: Ernst v Waterford Township, et al Dear Ed: 04 MACOMB PLACE MT. CLEMEN9, MI&AC43.7103 (313) 465-7180 TE LEFACS I }I I L E (3I31 � 65-0673 7333 Y{ESTSPIRE OR„ SUITF. 103 LANSING, MI 46917.2764 (517j 627-ID OI TELEFAGSIMILE (5171 627-I887 BOCA TRUST BUILDING 40 PEARL 5TAEET, N.W. G RAND RAPIDS, MI 49503-300-4 (616( 959-9848 TELEFACSIMILE (SIM( 456-14-4O As part of my preparations in the referenced case, it occurred to me that Mr. and Mrs. Ernst had previously engaged in negotiations (and possibly court proceedings) relating to a conveyance of a portion of their property to Oakland County Parks & Recreation, It would be extremely insightful to know whether Mr, and Mrs. Ernst claimed in negotiations for such conveyance that they should be compensated for the loss of the right to have the very greenhouses they have now constructed, In other words, if Mr, -and Mrs, Ernst have been paid for giving up the right to have the greenhouses, such payment would be relevant to the currently pending litigation, Accordingly, at your very earliest convenience, I would appreciate your making contact with Oakland County Parks & Recreation for the purpose of determining whether we can obtain access to the file (or files) in connection with the sale and purchase of the Ernst property to Oakland County Parks & Recreation. fi. Best regards, s �. N tea. :T'�� You Gera GAF/jes cc: Dennis M. Ritter, Supervisor truly, , Fisher PLANNING COgS$j(;1N 185 3 EXHIBIT B _ MEMO: April 8, 1993 TO: Ken Delbridge, Building Director FROM: Jim Schafer, Ass`t. Planning Director I RE: Ernst Greenhouse Expansion This office received site plans for two proposed 20' x 48` greenhouses at the above -referenced site on 4-7-93. In accordance with the consent judgement (#39) on the site, we are assessing fees and will conduct a modified administrative site plan review. When this review is complete we will notify you of approval for issuance of permits. If you have any questions please give me a call. JTS/gd cc: Dennis M. Ritter, Supervisor Ed Fisch, Planning Director Jerry Schons, Building Department File 186 :... ..: .....- ,,..� EXHIBIT B MEMO: April 14, 1993 TO: Ken Delbridge, Building Director FROM: Jim Schafer, Ass't. Planning Director 46 RE: Ernst Greenhouse Expansion Attached is an approved copy of the site plan for two (2) 20' x 4B' greenhouses at 1580 Scott hake Rd. The plan has been reviewed under the provisions of Consent Judgement #39 (Ernst v. Waterford) and is in accordance with those provisions. IF you have any questions please let me know. JTS/gd cc: Dennis M. Ritter, Supervisor Mike Ashley, Engineering Department Ed Fisch, Planning Director Gerald Fisher, Township Attorney Ernst, Applicant 187 EXHIBIT B SECREST WARDLE LYNCH, HAMPTON 94MeoombPl � > > m Mt. Cleens, MI 4804043 3-5651 TRUEX AND MORLEY Fax(81 )aB60673 GARY L. DOVRE Counselors at Law 7335 weststire or., Suite 103 DIRECT DIAL (248) 639-2817 30903 Northwestern Highway Lansing, MI 48917-9764 P.O. Box 3040 (517)627-1881 Fax (517) 627-1887 Farmington Hills, Michigan 4B333-3040 833 Kenmoor Drive, S.E. Grand Rapids, MI 49546-2373 Telephone (248) 851-9500 Fax ) 285-0145 Fax (248) 851-2158 2904 Cherry Hills Drive P.O. Box 11258 August 4, 1999 Champaign, IL 61821-1268 (217)398-9034 (217) 398-9036 Mr. Larry Lockwood Planning Department Charter Township of Waterford 5200 Civic Center Drive Waterford, MI 48329-3773 Re: Ernst Consent Judgment Dear Larry: From our July 7, 1999 discussion, it is my understanding that Mr. Ernst wants the Township to approve construction of part of "addition number 2" under paragraph 6.(b) of the Consent Judgment, without complying with subparagraph (1)-(4) of that provision. Although the meeting Mr. Ernst subsequently requested may be appropriate down the road, the game plan we suggested July 7tn remains our recommendation. That was: 1, Have Mr. Ernst present a plan showing exactly what he wants to do now, and in the future. 2. Have Mr. Ernst give us his position (in writing) as to closing of the north driveway and making the south driveway a permanent, two-way drive. 3. The property should be in full compliance with the existing Consent Judgment. We are referencing the landscaping deficiencies you mentioned, 4. The Road Commission should be contacted to determine their position regarding the driveway issues, Very truly y` oyg's,, — ;y GAR DDVRE GLD/lk AUG }) 5 19J_cq cc: Gerald A. Fisher, Esq. ras T:\HamptonFlsher16316.B2M1GLD.LOCKVVOOD LTR 990804150147.doc �` y 188 EXHIBIT B BOARD OF TRUSTEES Katherine G. Innes, Supervisor Betty Fortino, Clerk Des A. Minton, Treasurer Todd T. Birkle, Trustee Paul E. Deni, Trustee Bette O'Shea, Trustee Jean A. Scott, Trustee July 18, 1997 A CHARTER TOWNSHIP 5200 Citric Center Drive Waterford, Michigan 48329-3773 Telephone: (248) 674-6255 ' Fax: (248) 674.4097 Gerald A. Fisher Kohl, Secrest, Wardle, Lynch, Clark and Hampton 30903 Northwestern Highway Farmington Hills, MI. 48333-0040 e-, 9-. PLANNING DEPARTMENT Edward J. Fisch, Jr., AJCP, PCP Director RE: Request by Eric Ernst to modify Consent Judgment 991-422171-CZ Dear Gerry: I have met with Eric Ernst who owns the Ernst Greenhouses on Scott Lake Rd., north of Watkins Lake Rd. Mr. Ernst has two (2) concems. The Consent Judgment in 6b requires that the second driveway be abandoned and removed upon completion of Addition No. 2. Since the consent judgment was entered, two (2) traffic lights have been installed on Scott Lake Rd, at both intersections of Watkins Lake Rd, This now places the northerly drive, which was to be exclusively for ingress and egress, in a position not conducive to safe ingress and egress. In that regard, the secondary drive as referenced in the consent judgment makes more sense to service the greenhouse facilities. Mr. Ernst requests that the consent judgment be amended to exclude the reference of this section to allow this secondary drive to act as a primary drive during his operation period from May 1st to June 10th, We are in accord with this request. 2. The plan specifies Addition No. 2 within a 48' x 82' rectangle (3,936 sq. ft.). Mr. Ernst explained the physical difficulties in attaching a building to the existing greenhouses as shown on the plan and would prefer a freestanding greenhouse of 60' x 80' in this location as an amendment to the plan. We have no objections to this request. Continued.... 189 EXHIBIT B Page 2 of 2 Please review and prepare, if appropriate, the amendments to the consent judgment so that it may be brought to the Township Board. If you should have any questions, please do not hesitate to contact this office. Sincerely, Edward J. Fisch, Jr., AICP, PCP Planning Director EJF1kml PC: Katherine Innes, Twp. Supervisor Eric Ernst File 190 -_-EXHIBIT B y' 2; 329617 Lf9ER 132 ' 8-82 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND ERIC M. ERNST and DIANE ERNST, husband and wife, Plaintiffs, -vs- RECEIVEO FOR FILING OAKLAlfl Ir"UNTY CLERK WATERFORD TOWNSHIP, a Michigan Chartered Township, and DEC 28 P4 -23 EDWARD J. FISH, JR,, Waterford Township Director of Planning, Defendants. B DEPUTY C- JIN Y 'C! ERh Case No. 91--422171-CZ { Hon. Harry Howard Off�� +�Gr`I�E:�I�S PAID B. GOONEY (P 25900) 0001 Dvr.28}92 002E..Pl'1 Attorney for Plaintiffs 3551 MISC 11.00 i GERALD A. FISHER (P 13462) 7 Attorney for Defendants Y 30903 Northwestern Highway b#92 REG/BEEIG PAID P.O. Box 3040 H(Ii DEC.29,92 04€26PM x Farmington Hills, MI 48333-3040 36% RPiT FEE 2.00 (313) 851-9500 w f f' AFFIDAVIT GIVING NOTICE OF CONSENT JUDGMENT W a STATE OF MICHIGAN) w o COUNTY OF OAKLAND) GERALD A, FISHER, being first duly sworn, deposes and states that he is of suitable age and discretion to make this affidavit, s and as legal counsel on behalf of the Charter Township of Waterford, states that, on December 15, 1992, a certain Consent Judgment was entered in Oakland County Circuit Court Case No. 91--422171-CZ relative to property situated in the Township of Waterford, County of Oakland, State of Michigan, known as Parcel No. 13--13-300-195, commonly known as 1580 Scott Lake Road, 11D"ti 'U m G.K. � l b 191 . _ EXHIBIT B un;13213 '" 883 Waterford Township, Oakland County, Michigan., and being more 3 specifically described on the attached and incorporated exhibit. In order to obtain an understanding of the purpose, intent and terms of the Consent Judgment, it shall be necessary to review such Judgment, which is on file with the Circuit Court Clerk's office. The Judgment establishes certain authorizations and limitations with retard to the use of the property for the purpose of growing flowers and plants, and for retail sale of such flower and plant materials grown on the property. z 0 r a CHAR 13 BY: y G g u z S b cribed and sworn to before bT one t i s day of 1992 F Not -ry Public 0a land County, Michigan My Commission Expires: 4/12/95 N 1 2 O DRAFTED BY AND AFTER RECORD RETURN TO: °0 WATERE'ORD ISHER, Attorney GERALD A. FISHER, ESQ. 30903 North-western Highway P. 0. Box 3040 Farmington Hills, MI 48333-3040 STATE OF WOHIGAN SS.. COUty P � QF OA'KLA LYNNI D. ALLEN. County "'lark -or th•a County of Ga.,Jaod, Clark Of tho virt-uit Court Vler eof , ti-le sarne f7ciog o Co il, rn ilB^Oiti'i and baying a Sal, hereby ciyrttfy tiiat Me attaohad twe co-py. In Teal-imony ,,rjtx:reof , t have hereunto set my hand aad. ptacadthe seal of said:CourJt this j Clork-Ragister of Deeds C +� Deputy Clerk -2- 192 - EXHIBIT B ` PROPERTY DESCRIPTI00E fI -881 The property -which is the subject of the Consent judgment in Case No. 91-422171-CZ is situated in the Township of Waterford, County of Oakland, State of Michigan, described as: 01 TZN_ R.9E. SEC 13 02 S 15 ACRES`UF ?A1 -1 /2 lJ F .. 03 SW 11 4 EXC N 75 FT OF J 4 VJ 1Sa FT. AL' M EXC 05 W 60 FT TAKEN FOR ROAD, 06 ALSO r-XC BEG AT PT EIVST 07 S 39_.55-12 E 551.79 FT 08 F ROtl SW SEC COR, 09 TH N 00-02-42 VJ 405.00 FT 10 TH S 89-55- L 2 E 784 - 04 FT, il. TH S 00-•03-45 44 495„00 FT. 12 TH N 89-55-12 W 7H3.11 FT 13 TO BEG 5.20 F 193 EXHIBIT B ERROR: undefined OFFENDING COMMAND: STACK: 194 EXHIBIT C INSURANCE REQUIREMENTS During this License, the Licensee shall provide and maintain, at its own expense, all insurance as set forth and marked below. The insurance shall be written for not less than any minimum coverage herein specified. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent Contractors; (f) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 — Each Occurrence Limit $1,000,000 — Personal & Advertising Injury $2,000,000 — Products & Completed Operations Aggregate Limit $2,000,000 — General Aggregate Limit $ 300,000 —Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers' Compensation Insurance with limits statutorily required by any applicable Federal or State I.aw and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1. ❑ Fully Insured or State approved self -insurer. 2. ❑ Sole Proprietors must submit a signed Sole Proprietor form. 3. ❑ Exempt entities, Partnerships, LI.C, etc., must submit a State of Michigan form WC-337 Certificate of Exemption. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non -owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non -owned automobiles utilized in the performance of this License. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. Supplemental Coverages — As Needed 1. ❑ Professional Liability/Errors & Omissions Insurance (Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $1,000,000 per claim. and $1,000,000 aggregate. 2. ® Commercial Property Insurance. The Licensee shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. Page 1 of 1 195 3. ❑ Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence shall be required when liquor is served and/or present. 4. ❑ Pollution Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate when cleanup & debris removal are part of the services utilized. 5. ❑ Medical Malpractice Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 6. ❑ Garage Keepers Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 7. ❑ Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 8. ❑ Other Insurance Coverages as maybe dictated by the provided product/service and deemed appropriate by the County Risk Management Department. a) Pesticide/Herbicide Applicators Liability with minimum limits of $1,000,000 per claim/occurrence, General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. 1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County; 3. Any and all deductibles or self -insured retentions shall be assumed by and be at the sole risk of the Licensee; 4. Licensee shall be responsible for their own property insurance for all equipment and personal property used and/or stored on the Property; 5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the "County of Oakland and it officers, directors, employees, appointees and commissioners" as additional insured where permitted by law and policy form; 6. Licensee shall require its contractors or sub -contractors, not protected under Licensee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required herein; Page 2 of 2 196 7. Certificates of insurance must be provided no less than ten (10) Business Days prior to the County's execution of this License and must bear evidence of all required terms, conditions and endorsements; and 8. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best's rating of A- unless otherwise approved by the County Risk Management Department. Revised September 29, 2014 Page 3 of 3 197 EXECUTIVE OFFICER'S REPORT ITEM # 11 A 1. Upcoming Events: Attached for your information is a list of upcoming events and programs scheduled by the Recreation Programs and Services and park staff. 2. June OCPR Commission Meeting: At the March 10, 2015, OCPR Commission meeting the Commission approved rescheduling the June OCPR Commission meeting from June 9, 2015 to June 16, 2015 at 9:00 a.m. due to the SPDF event that will be held at Addison Oaks on June 9. 2015 SPDF Conference Update: Staff is continuing to work on planning efforts in anticipation for the 2015 Special parks District Forum, to be co -hosted by the Oakland County Parks and Recreation, Huron -Clinton Metroparks Authority and the Michigan Department of Natural Resources. The forum is scheduled to run from Monday, June 8 through Friday, June 12, 2015. Please submit your registration requests to Vicky Valko by April 30, 2015, and indicate if you plan to attend everything, just the opening/closing receptions, or just the dinners. The full conference agenda and schedule of sessions can be found on the conference website www.SPDF2015.com We have included a copy of a flyer on SPDF in this packet. Please join us. Key session/dates for Commissioner consideration include the following; A. Monday June 8th 4:00pm — 8:00pm a. Conference Welcome Reception at the Southfield Westin B. Tuesday June 9th 6:00pm — 8:00pm a. Dinner and Entertainment at the Buhl Estate, Addison Oaks County Park i. Commission Fisher and Dan Stencil to provide welcome/opening remarks C. Friday June 12th 8:30am — 5:30pm a. "A Day in the D" Hosted by MDNR at the Outdoor Adventure Center, Detroit D. Friday June 12th 5:45pm — 8:00pm a. Dinner/Closing Celebration, Belle Isle Aquarium and Conservatory, Detroit Sponsorship Update OCPRC Staff is on target to reach our sponsorship funding goal of $15,000 - $20,000 (cash and in -kind) with confirmed and verbal commitments currently totaling $19,700. Please contact Zach Crane (cranez d( oakaov.corn) or Brittany Bird (bird b(d)oakgov.com) if you have any SPDF2015 conference questions. We will provide more information as it becomes available. 4. 2015 Staff Report/Presentation List: Attached is a Staff Operations/Programs Report Schedule which lists when staff is scheduled to make a presentation/report to the Commission on their area of OCPR operations. 5. Davis House Roof Replacement Project - Historical Information: At this time the proposed Davis House roof replacement project is on hold. Enclosed is a report from Ronald Campbell, Principal Planner/Preservation Architect with Oakland County Planning Economic Development and Community Affairs regarding the research he has done on possible restrictions on the Davis House at Springfield Oaks County Park for historic purposes. OCPR staff will be present at the Commission meeting April 14, 2014, to answer questions the Commission may have on this project. 6. OCPR Commission Member Manual: Staff is currently working on updating the OCPR Commission Member Manual. This is a reference manual for OCPR Commission members that includes items such as P.A. 261, OCPRC Bylaws, Park Rules and Regulations, policies, etc. We are expanding the data to provide more detailed information to the Commission. Our plan is to eventually offer an electronic version of this manual. Once we have updated the manual we will be contacting the Commission members to bring in their existing books so that we may bring the older versions up to date. 198 7. National Volunteer Week: Oakland County Parks and Recreation will be participating in National Volunteer Week from April 11-19, 2015. OCPR participation is free vehicle entry at Addison, Highland, Independence, Lyon, Orion, Red and Rose Oaks County Parks for these volunteers. We have included a copy of the letter that was sent out to OCPR Volunteers as well as the participating reciprocal organizations in Southeast Michigan. 8. Upcoming OCPR Commission and Executive Committee Dates: The next OCPR Commission meeting date will be May 12, 2015 @ 2:00 p.m. at the Red Oaks Nature Center with a Red Oaks Connector Trail Dedication Ceremony scheduled at 4:00 p.m. after the Commission meeting. The next two Executive Committee meetings will be April 28 and May 26, 2015 @ 2:00 p.m. 9. Temporary Use Permits Report: Staff will prepare a report on all Temporary Use Permits issued on a monthly basis. This report will then be submitted each month in the Commission Agenda packet with the Executive Officers Report (EOR). There have been no new permits issued since the Commission approved the quarterly update at the March 2015 Commission meeting. There are four new requests for permits on the Agenda for the April 14`h OCPR Commission meeting. 10. FootGolf Birthday Parties at Red Oaks Golf Course: Attached to this report is a news release on the FootGolf birthday parties we are now scheduling at Red Oaks Golf Course. 11. Letters of Support for Local Communities for Grants: Local officials from Lyon Township, City of Ferndale, City of Novi and Charter Township of Orion have contacted our office requesting letters of support for grants in their communities. These letters include correspondence to SEMCOG for trail connectivity and a pathway system; Michigan Department of Natural Resources Land and Water Conservation Fund for park improvements; and Michigan Natural Resources Trust Fund for park improvements and property purchase for planned corridor trails and trail connectivity. In keeping with our collaboration efforts, we have provided the requested letters for these local communities. 12. 2014 Trust Fund Bill: On Tuesday, March 17, 2015, Governor Rick Snyder signed the 2014 Trust Fund Bill, which means the grant for the fishing docks at Independence Oaks which OCPR applied for last year was approved. 13. Prosper E-Newsletter: The March 20 edition of Prosper e-newsletter featured Oakland Countv Parks Receives State Awards, an article on the recent accolades presented to OCP by the Michigan Recreation and Park Association, and Oakland Countv Parks Great Marshmallow Droo. Both were direct reprints of news releases written by the Communications and Marketing staff. 14. Potential Property Acquisition: We were contacted by representatives of the Jewish Federation regarding the potential sale of their 10.1 acre Recreation Center in Oak Park. The Property Acquisition Management group will evaluate this potential opportunity and report to the Commission in an upcoming closed session. 15. Communications and Marketing: Listed below is an update from Desiree Stanfield, Supervisor — Communications and Marketing: -Placed an ad promoting "Make Time for 9" at the five golf courses in the 2015 Detroit Tigers Yearbook which is sold at all home games and at Barnes and Noble locations. Also placed a golf ad in the USA Today Detroit Tigers Section. Circulation of 100,000 in Oakland, Macomb, Wayne, Ann Arbor, etc. plus one million emails to listeners of radio stationsl 130 AM WDFN The FAN "Detroit Sports Talk", Channel 955 "Detroit's Hit Music" and 106-7 The D. -Approved layouts for a digital billboard for Lyon Oaks Golf Course on 1-96 east of Beck Road which will be live March 30-May 10; the billboard has 66,323 weekly impressions which is the average number of people likely to notice an ad on an outdoor digital display Coordinated golf advertising which included: half -page ad in Michigan Links Magazine: a six -week flight of TV spots on Michigan Golf Live May 2-June 6 (one 30-second spot will appear during each episode of MGL-TV); and Lyon Oaks will receive five minutes per week on the Lesson on Golf radio show for 22 weeks running March 28-August 24. 199 -Placed ads in C & G Newspapers promoting the March 14 & 28 Cooking Demonstrations at the County Market with edible WOW, Peabody's of Birmingham and Yardbird of Keego Harbor. Combined readership in the Birmingham -Bloomfield Eagle, Rochester Post, Royal Oak Review, Troy Times and West Bloomfield Beacon was 163,164. -Provided full -page ad to Springfield Township Parks and Recreation focusing on Waterford Oaks Waterpark's new Season Pass camping at Groveland Oaks, the Wint Nature Center and Mobile Recreation; distributed to 16,000 households. -Compiled the highest TravelMichigan.org "click thrus" for October -December 2014: Addison Oaks: Oct. 197; Nov. 109; Dec. 108. Groveland Oaks: Oct. 37; Nov. 30; Dec. 31. Waterford Oaks Waterpark: Oct. 30; Nov. 33; Dec. 30. Red Oaks Waterpark: Oct. 35; Nov. 53; Dec. 29. -Placed a camping offer for " Buy 2 nights, get 3rd Free" in The Toledo Blade camping directory that will reach 231,294 readers in the Monroe and Lenawee, MI counties plus 12 counties in Ohio and be distributed at the Northwest Ohio Regional RV Show. -Placed a camping ad in the March issue of Magazine of Country Music which was distributed in time for the Garth Brooks concerts at Cobo Hall (16,500 magazines will be printed; plus website and digital impressions). Coupon offer: Buy 2 nights, get 3d free Sunday -Thursday; no holidays. -Promoted Mobile Recreation unit rentals with an ad in the March issue of Metro Parent Magazine and the Oakland County Market with an ad in the Waterford Lifestyles Section in The Oakland Press -Promoted Special Park District Forum early registration to members of the Michigan Recreation and Park Association, National Recreation and Park Association and National Association of County Park and Recreation Officials -Submitted nominations for three Michigan Recreation and Park Association Community Service Awards — Clinton River Area Mountain Bike Association, Clarkston SCAMP and the Oakland County History Corps. -Designed an ad for the May Travel issue of Hour Detroit Magazine promoting close to home getaways for the five golf courses, two campgrounds, two waterparks and three dog parks; 45,000 copies of the issue will be distributed. -An e-marketing message promoting the Nest Box Volunteer Monitor Volunteer Training resulted in 50 people attended the training on Sunday, March 8. -Placed an ad in the 2015 Metro Parent Magazine Fun Guide that focuses on the waterparks new season pass. There will be 25,000 copies of the fun guide printed and distributed in April. -Placed a general awareness ad for the waterparks season pass in the Summer 2015 Michigan Fun Pass —Metro Detroit Edition for Families. The publication will reach 200,000 Pre K — 8th grade students in Macomb, Monroe, Oakland, Washtenaw and Wayne counties. It will be delivered to classrooms by May 10. -Designed an ad for the May Travel issue of Hour Detroit Magazine promoting close to home getaways for the five golf courses, two campgrounds, two waterparks and three dog parks; 45,000 copies of the issue will be distributed. -Media "hits", print, digital and television, included: )Lakefront property owners invited to shoreline erosion workshop Home TownLife. com Feb. 15, 2015 200 >Enjoy Sweet (But Sticky) Weekend Fun for the Entire Family (Nature Centers) Patch.com Feb. 26, 2015 >Oakland County Market Cooking Demonstrations WJBK-DET (FOX) - Detroit, MI Fox 2 News Morning Market Viewership: 122,927 Publicity Value: $38,754.90 Feb. 27, 2015 >Springfield Oaks County Park hosts equine tack sale The Oakland Press Feb. 28, 2015 )Oakland County Parks looks back at 2014, makes plans for year ahead CandGNews. com March 2, 2015 )Pet Vaccinations at the Dog Parks WJBK-DET (FOX) - Detroit, MI FOX 2 News: Live at 11 a.m. Market Viewership: 58,881 Publicity Value: $10,199.52 March 3, 2015 )Metro Detroit Dog Parks Offer Outdoor Fun PrideSource.com March 4, 2015 )Feature on the Great Marshmallow Drop Oakland County Moms March 4, 2015 201 Upcoming Events — April, 2015 Adaptive Recreation April 15 Swing into Spring — Glen Oaks Golf and Conference Center April 22 Badminton Clinic -- John Dingell Veteran's Hospital Field Sports — Lyon Oaks April 11-12 Michigan Jags Soccer Tournament Field Sports — Catalpa Oaks None scheduled OC Parks Express None scheduled Campground Recreation Campgrounds closed until May, 2015 Special Events, Dogs, and Health & Wellness April 3 Great Marshmallow Drop — Catalpa Oaks April 17-19 Oakland Edge Adult Hockey Tournament— Onyx Ice Arena, Rochester Golf Programs April 11 Putting Clinic — Red Oaks Golf Course April 12 Putting Clinic — Glen Oaks Golf Course April 12 Putting Clinic — Lyon OaIcs Golf Course April 18 Putting Clinic — White Lake Oaks Golf Course April 18 Putting Clinic — Springfield Oaks Golf Course Market Programs April 11 Cooking with edibleWOW Cooking Demonstration April 25 Cooking with edibleWOW Cooking Demonstration Natural Resource Education Programs April 18 Nature JournaIing— Red Oaks Nature Center Nature/Interpretive Programs April 1 Funshine Preschool — WintNature Center April 1 WinterFest— WintNature Center April 4 Public Interpretive Program: Nature Sprouts — Red Oaks Nature Center April 10 Huntington Woods Parks and Recreation — W int Nature Center 202 April I 1 Public Interpretive Program: Spring Star Party — Wint Nature Center April 11 Badge Day: Brownie Girl Scout — Senses Badge — Red Oaks Nature Center April 11 Outreach: Blair Memorial Library — Red Oaks Nature Center April 14 Harrington Elementary School — Wint Nature Center April 15 Harrington Elementary School — Wint Nature Center April 16 Harrington Elementary School — Wint Nature Center April 17 Public Interpretive Program: Astro Evening— Red Oaks Nature Center April 17 Public Interpretive Program: An Evening of Amphibians— Wint Nature Center April 18 Quinn's 5`h Birthday — Red Oaks Nature Center April 18 Badge Day: Daisy Clover Badge — Wint Nature Center April 19 Adam's 6'h Birthday — Wint Nature Center April 21 Brownie Bug Badge Field Trip — Wint Nature Center April 22 Miss Nene's Childcare — Red Oaks Nature Center April 22 Daisy Troop 71436 — Red Oaks Nature Center April 24 Homes choolers/Geocaching— Wint Nature Center April 25 Organization for Bat Conservation — Wint Nature Center April 25 Boy Scout Mammal Badge Workshop -- Wint Nature Center April 25 Public Program: Red Oaks Clean Up April 25 e-Nature — Red Oaks Nature Center Volunteer Orvortunities April 3 Great Marshmallow Drop — Catalpa Oaks April 15 Swing into Spring— Glen Oaks Golf and Conference Center Mobile Recreation April 1 Bus: Avondale High School to Utica Ford High School April 1 Bus: Waterford Twp. P & R to Meadowbrook Theater — Oakland University April 2-3 Tents, Mascot, Stage, & Bus: Marshmallow Drop at Catalpa Oaks April 5 Bus (2): Faith Baptist Church to the Waterford CAI Building April 15 Bus (2): Avondale High School to Athens High School & Rochester High School April 16 Bus: Avondale High School to Oxford High School April 17 Bus: Waterford Twp. P & R to the Detroit Symphony Orchestra and Fisher Theater April 17 Bus: St. Patrick School to the Capitol Building in Lansing April 20 Bus: Avondale High School to Troy High School April 21 Bus: Avondale High School to Farmington Harrison High School April 22 Bus (2): Oakside Scholars to Great Lakes Crossing Aquarium April 23 Bus: Avondale High School to Oxford High School April 23 Bus: St. Patrick School to the Detroit Zoo April 24 Bus: Avondale High School to Grosse Pointe South High School April 24-26 Climbing Tower & Stage: Michigan Green Team at the Municipal Park in Rochester April 25 Bus: OCPRC Special Events to Red Oaks Nature Center Clean-up April 25 Stage: City of Pontiac at the Welcome Baptist Church April 26 Stage: March of Dimes Event at Oakland University April 27 Bus: Avondale High School to Berkley High School April 28 Bus: Waterford Twp. P & R to the Older Person's Commission in Rochester April 29 Bus (2): Avondale High School to Berkley High School and West Middle School April 30 Bus: Avondale High School to Southfield Lathrup High School 203 DON'T MISS OUT REGISTRATION ENDS - MAY 812015 A*O* QaiuEfls L A R E S COPARRS 2015 SPECIAL PARK DISTRICTS FORUM HURON-CLINTON METROPARKS OAKLAND COUNTY PARKS MICHIGAN DEPARTMENT OF NATURAL RESOURCES June 8-12, 2015 REGISTER NOW To experience three agencies in southeast Michigan WATER QUALITY & BLUE ECONOMY • REPURPOSING RESOURCES RETROFITTING HISTORICAL RESOURCES • TRENDS IN RECREATION URBAN RECREATION INITITIVES • EXPERIENCE DETROIT! 9 MEIROPARKSTM IrHURON-CLINTON metroparKS REGISTRATION $600 per person REGISTRATION ENDS - May 8, 2015 Register now at www.spdf2015.com HOTEL The Westin 1500 Town Center I Southfield, MI 48075 For more hotel information, call 248.827.4000 and mention Special Parks Districts Forum for the conference rate. f NATMR rc�a�o � qc . M'CHIGP� •r� 4*WA I Pi. RIVERS Lu LARES COPARRS 2015 Schedule for Reporting to OCPRC at Monthly Commission Meetings Staff Operations/Programs Report Schedule Topic Staff Month Presentation Format Park Planning Donna F. JANUARY Written/Agenda County Market Jeremy B./Mike B./Desiree JANUARY Written/EOR Day Use Parks Jim D./Tom H. JANUARY Written/EOR Conference Center/Concessions JANUARY Written/PPT Recreation, Programs & Services - Terry Fields FEBRUARY Written/Agenda INCLUDING Mobile Recreation 144im,5.dwatian fteglMm Natural Resources Mgt. Brittany B. JUNE PPT Oakland County Fair L/C & Jim D. SEPTEMBER Waterparks Campgrounds Wilt 115 Mlke B./Tom MWdOOPTs D Boyd BJJim.D.[Tom Hughes Sue Wells/Golf Ops. Staff/Tom. (lU__ J DECEMBER PPT DECEMBER PPT Golf/Banquets DECEMBER Policy Audit Stephanie M. Written/EOR Marketing/Communications Desiree S APRIL/NOVEMBER Written/EOR Partnerships/Sponsorships Contributions Temporary Use Permits Purchasing Fiscal Quarterly Reports CIP and M/M DASHBOARD - Monthly Review - previously Activity Reports Food & Beverage Fiscal Monthly Reports: ACCOUNTING - Revenue and Expenditure Budget to Actual Report; Revenue and Expenditure Comparison Report; MACR; CIP Write Offs/Non Sufficient Funds Becky S./Melissa P. I Quarterly: November, February, Written/Consent Agenda May, August Becky S./Melissa P. I Quarterly: November, February, Written/Consent Agenda May, August Becky S./Melissa P. I Quarterly: November, February, Written/Consent Agenda May, August Phil C. I Quarterly: November, February, Written/ May, August Consent Agenda Jeff P. I Quarterly: November, February, Written/ May, August Consent Agenda Mike D. Monthly; & Consent Written -Monthly November, February, May, August Quarterly -PPT Phil/Donna/ Jim D./ Quarterly /Monthly Tom H./ Terry F. Phil C. I Monthly Verbal/Staff Reports Jeff P./ Brian M. Monthly Written/ Consent Agenda Brian M. As Needed Written/ Cmrtsetlt Gid� 205 Revised 4/6/2015 Davis House at Springfield Oaks County Park — Historic Designation Obligations Planning and Economic Development Services has been asked to comment on obligations which the current historic designation would have on the proposed maintenance work at the Davis House located in the Springfield Oaks County Park. The Davis house was built between 1861 and 1872. It is listed on only one of three possible historic designations commonly recognized. The three designations include the National Register of Historic Places, the State Register of Historic Sites and Local designation, by either the Village or Township. It was listed on the State Register of Historic Sites in 1973 after restoration/reconstruction of the house was completed in 1972 by the County. A quick review of the National Register of Historic Places, did not find the Davis House listed. No local, Village or Township, Historic Designation or District has been created by local officials that would have any regulatory control over the proposed work. Listing on the State Register of Historic Sites places no restrictions on the property. It allows the purchase and erection of a State Historic Marker if desired by any interested party. Listing on the National Register of Historic Places is not automatic with state designation; rather, a separate application process has to occur. The same is also true for local designation. Each of the three levels of designation involves different degrees of restrictions and incentives. The State is the least restrictive, with no requirements for maintenance, appropriate preservation measures or approvals required. With future plans to relocate the house near the Ellis Barn, which would be considered an inappropriate treatment for a historic property, would virtually render the House ineligible for listing on the Nation Register if relocation was to take place. Currently, the house would be eligible for National Register listing and would require Section 106 review by the State Historic Preservation Office (SHPO) for compliance with the Secretary of the Interior Standards if Federal money is involved. If Federal money is not involved, then only an ethical obligation to the community and its history would govern. Central to the question of Historic Designation and its requirements is what type of roof shingle (wood or asphalt) should be used in a re -roofing project. Common practice for review of proposed work on historic structures would be to use the Secretary of the Interior Standards as published by the Nation Park Service, http://www.nps.gov/tps/standards.htm. Of the four categories of treatment cited, I would suggest using the Standards for Rehabilitation. This is commonly used when a property has changed use; in this case the structure has gone from a single family residence to a House Museum. I would also suggest reviewing the "Guidelines" within the Secretary of the Interior Standards. The "Guidelines" offer general design and technical advice as how to apply the standards. I would also refer to the nomination form submitted for listing on the State Register. The online listing provides no clue as to what the original roof material was, but it does identify specific design features, which should be preserved during any work on the house. When the house was restored in the early 1970's a wood shingle was selected for the roofing material. This may have been done because research had indicated that was the original material or it may have been selected because it was thought that a wood shingle was something that would be appropriate to the period when the house was built. If the material selection was based on documentation that it was the original material used, then a strong case is made to use a wood Shingle for replacement. One of the principal preservation measures is to repair 206 rather than replace whenever possible. An experience preservation roofer with wood shingle experience could be consulted. An onsite inspection, usually free, would determine what if any of the roof is worth saving. Such documentation and report would be beneficial for a Section 106 Review. The life expectancy of a wood shingle roof is 40-50 years, which means if this was installed during the restoration in 1972 it is approaching its life expectancy. Assuming the roof needs to be replaced, the important design elements to maintain would be the roof pitches, roof forms, cornice, bargeboard and details, which we know are original and are identified in the nomination. Under the Secretary of the Interior Standards distinctive materials, details, features would be preserved. The current wood shingles, while distinctive, may only be speculative as to what was the original material. The roofing material, either wood shingle or a 'dimensional'/ architectural asphalt shingle, in my opinion, would be appropriate material to use in this situation because 1) there is no documentation as what the original material was; 2) The reroofing will not damage nor destroy any original materials (we know the current wood shingle roof is not original); 3) Reroofing is reversible and will require replacement eventually; and 4) When removed in the future the essential form and integrity of the historic property and its environment would be unimpaired. There is a strong case to use an architectural asphalt shingle. It is cost effective, provides a distinctive three dimensional appearance and offers approximately the same life as a wood shingle (if high quality asphalt shingles are used). The downside for using an asphalt shingle would be public objection from other stakeholders in the property and questioning as to why the county would 'undo' earlier restoration efforts. An informational meeting with the stakeholders regarding the proposed work and respecting their input is recommended. The other factor to consider is the possible relocation of the house and the creation of the farmhouse / barn relationship at the Ellis Barn site. In this situation using the same shingle that is on the Ellis barn would make sense. In conclusion, the State Historic Designation of the Davis house does not have any regulatory components that impact the proposed work. No known local zoning or historic designation exists which would impact the proposed work. The property is not listed on the National Register of Historic Sites, but would be considered eligible for listing; in such case the use of Federal Funds would trigger a Section 106 Review. With proper documentation and reasoning the 106 review could allow the use of an architectural asphalt shingle in lieu of a wood shingle replacement if that is the desire of Parks and Recreation. I trust that this helps in addressing the questions and identifies a process route. If PEDS can be of any further assistance please let us know. Ronald R. Campbell, AIA 36CFR61 Qualified Historic Architect Principal Planner/Preservation Architect Oakland County Planning Economic Development and Community Affairs 2100 Pontiac Lake Road Waterford, MI 48328 campbellr@oakgov.com 207 :1 }i�f4/.. lt• 11 March 4, 2015 Dear Volunteer: Oakland County Parks and Recreation will be taking part in National Volunteer Week April 11-19, 2015. During this week, participating organizations in Southeast Michigan will offer volunteers front other groups discounted or free admission to their attractions, By receiving this letter you are eligible to take advantage of this special opportunity. This letter or your volunteer badge will serve as your pass and must be presented to receive free or discounted admission; duplication is not permitted. Some of the participating organizations include: ® Ann Arbor Hands -On Museum • Belle Isle Nature Zoo a Birmingham Historical Museum and Park ® Cr • o . stit f Sc' O The iild n' ent 0 Detro stor 1 Mu i 6 Detroi ynnpin , ID ne o Detroit Zoo a DTE Energy River Rouge Power Plant a The Henry Ford a Macomb Center for the Performing Arts Meadow Brook Hall ® Michigan Military Technical & Historical Society Museum ® The Parade Company Along with this letter, we have included a two-sided information sheet that lists all of the participating organizations and details for each organization's participation in National Volunteer Week. Jc ` `'"'"''"`' Thank you for your hard work and dedication to Oakland County Parks. We hope you are ablc An A, Scott evetary to spend time with friends and family exploring all that our region has to offer, For more Z�Ck : Lhn':'K fi, information about Oakland Comity parks and programs, please visit DestinationOakland.corn. Esavid 8.-.1u' h si + lit Sincerely, Daniel J .Stencil 41(00JL, Stpnrii Execu6re Officer xecol iv try 208 •`7{7 #^.tis55iCit iS its 1'1'ws'?;ia C,�lli�jPt}! S•(•,?Cft:',:1Yjfll'i i) f;?i'. j:i;_'t'!L•'I1CL'"t'jl:'?{ "'f '�:�;: °:`;;:"j;? i1;ailj i:j l'';� jl%��:>?11j `r,'i, National Volunteer Week— April 11-19, 2015 Ann Arbor Hands -On Museum 220 E. Ann St. Ann Arbor, N4148104 734-995-5439 www.aahom.ore _. ..._.-- ........... .-, ... .._.. The Bat Zone Q Cranbrook Institute of Science. 39221 Woodward Ave. PO Box 801 Bloomfield Hills, MI48303 248-645-3239 www. b atco nservation.ore Belle Isle Nature Zoo Belle Isle Detroit, MI 313-852-4056 www.detroitzoo.ore Birmingham Historical Museum and Park 556 W. Maple Road Birmingham, M148009 248-530-1928 www_bhameov.ora/museum Two hours of free parking available across the street at the Chester Parking Garage, Charles H. Wright Museum of African American History 315 E. Warren Detroit, M148201 313-494-5800 wwwAliewnitht.ore The Children's Center 79 W. Alexandrine Detroit, Ml 313-831-5535 The Children's Center has been nestled in the heart of Midtown Detroit for 35 years and serves 7,500 children and families annually. Join tts for a one hour tour to learn more about the mission of The Children's Center, the families we serve and the impact we're making in our conttmutnity. Craubrook institute of Science 39221 Woodward Ave. Bloomfield Hills, M148302 248-645-3209 wwvv. science. cranbro ok.edu Crocker House Museum and Macomb County Historical Society 15 Union Street Mount Clemens, MI 48043 586-465-2488 wwvv. crockerhousenurseunn.eom Detroit Historical \Museum 5401 Woodward Avenue Detroit, M148202 313-833-1805 www.detro ithistorical.om Detroit Symphony Orchestra 3711 Woodward Ave. Detroit, M148201 313-576-5100 wwwAso.ora Reciprocal Free Admission Program for Volunteers Hours: Mon l0am-5pm.: Tile 9am-5pm; Wed l0am-5pm; Thurs l0am-8ptn; Fri l0am-51nm: Sal l0am-5pm; Sun Noon-5pm Admission: $12 Adults and Children; $5 after 5ptn Thursdays only; free for children 0 23 months Note: Free admission for one volunteer with volunteer ID or letter from home organization. Regular Hours: Tours at 12:30 & 2:30pm Sat, 1:30 & 2:30pm Sun, t2.30 & 2.30ptn daily during school breaks Regular Admission: $5 per person in addition to $13 Cranbrook Institute of Science admission. $4 for Cranbrook members Note: Free 3:30pm tours for volunteers April 12, 15, 16, & t8, one volunteer with idllettef plus one guest, space is limited to 30 participants each tour, please call Bat Zone ahead to reserve. Tour will meet at front of Bat Zone at promptly 3:30, admission to Cranbrook Institute of Science is not included. Hours: Wed - Sun Warn — 5pm Admission: Free, however, $11 state park Recreation Passport fee to get onto the island is required. Parking: Free Note: Featuring an indoor trail with Michigan reptiles, amphibians, fish and an outdoor Deer Encounter habitat. Hours: Wed - Sat, I- 4pnn, Thurs, April 9, I-8pnt. Admission: $7 Adults; $5 Seniors and Students: Free for Children 5 and under Site Includes: 1822 John West Hunter House with period furnishings; 1928 Allen House with changing exhibits. Our current exhibit, History's Highway: The Story of Woodward Ave.. is a year -long exhibition about the Indian trail that hecame Michigan's Main Street and its role in the development of Birmingham and Merril Detroit. Admission is free during National Volunteer Week 2015 for any individual volunteer from a participating institution with a letter from your organization or currentivalid volunteer 1D. Guests must pay full price. Hours: Tue - Sat 9atn-Spin, Sun I -Spin. Closed Monday Admission: Adults (13 - 61) $8, Adults (62+) $5, Youth (3 -12) $5, members and children under 3 are admitted free. Note: Free general admission with volunteer 1D or letter from home organization. Guests of volunteer pay general admission. Excludes special events. Date: Thursday, April 16, 2015 Hours: 12:00-1:00 Tour or 5:30-6.30 Tour Note; Free admission is available for the volunteer and a guest. Due to the subject matters discussed, the tour is not recommended for children under the age of 16. Pre -registration is required. Call Holly Gorecki at 313-262-1220 or email hgorecki a hechildrernscenter.cony. Each scheduled tour is limited to 15 people. Hours: During National Volunteer Week, Tues-Thurs, I0am-5pm; Fri and Sat, 10am-10pm: Sun 124pnn. Admission: S13 Adults, $9.50 Children (ages 2-12), $9.50 Seniors (ages 65+), Free for children under 2 years, Free for Members Note: Free admission for one volunteer with volunteer ID or letter from parent organization and one guest during National Volunteer Week. Hours: Tue, Wed, Thurs 10am-4pm, first Sunday of month, 14pm. Admission: $4 adult, $2 child Note: From April 14-16, free admission for one volunteer and one guest plus a sweet tea, including hot tea, scones, clock Devonshire cream, and jam. Must reserve in advance by calling 586-465-2488 or e-mailing crockerdire ctor c"PsbcaIobal.net. Must present volunteer ID or letter From your organization. Hours: Tue-Fri, 9:30ani 4pm; Sat — Sun 10am-5pm Admission: Free; Parking $6 Note: Free parking in adjacent museum lot for one volunteer with volunteer badge or letter from parent organization at front desk, 20% discount in the Museum store with volunteer badge or letter. Volunteers are eligible to receive FREE tickets to their choice of performances-: Exotic Adventures on April 16 (7:30 PM), April 17 (10:45 AM) and April 18 (8:00 PNl) or John & Gerald Clayton Duo on April 1.7 (8:00 PIv1). Visit DSO.org for more details on each performance. Limit 2 per volunteer. Tickets are subject to availability and seat location is at the discretion of the DSO Box Office. Tickets are available online at DSO.o b or through the DSO Box Office at 313-576-5111. Restrictions may apply. When requesting tickets please use pronto code: NVW15 Offer valid April 11-19. 2015, except where notect. 209 National Volunteer Week —April 11-19, 2015 Detroit RiverCront Conservancy 600 Renaissance Center, Suite 1720 Detroit, M148243 313-566-8200 www. detroitriverfront.ore Detroit Zoo Woodward and 10 Mile Rd. Royal Oak, MI 248-541-5717 www.detroitzoo.ore DTE Energy River Rouge Power Plant 1 Belanger Drive River Rouge, Nll 313-297-8205 Tour a working power plant and visit its award -winning wildlife habitat that provides homes for birds, butterflies, fish and mammals in the middle of a highly industrial area. The site is certified as a wildlife habitat through the Wildlife Habitat Council. Edse.l and Eleanor Ford House 1100 Lake Shore Road Grosse Pointe Shores, MI 48236 313-884-4222 wtvw.fordhouse,ore The Ilenry Ford 20900 Oakwood Blvd. Dearborn,10148124 313-982-6100 w w u v. The H e n r v Ford. o r e Henry Ford Estate — Fair Lane One Fair Lane Drive Dearborn, MI 48128 313-884-4222 info(c henrvfordestate.orE Macomb Center for the Performing Arts and the Albert Lorenzo Cultural Center 44575 Garfield Rd. Clinton Twp., M148314 www.ntacombeenter.cotm 586-286-2222 www.lorenzoculturalcenter. con 586-445-7348 Matthaei Botanical Gardens and Nichols Arboretum 1800 North Dixboro Road Ann Arbor, Ivll 48105 (734) 647-7600 %w,w,lsa.miiich.edu/iuba/ Reciprocal Free Admission Program for Volunteers Hours: Gam-1 Opm daily Admission to Detroit RiverWalk & Dequindre Cut FREE Note: Special RiverWalk Torn for active volunteers on Sat. April I I at Iput train date: Sat. April IS). Free for volunteers with volunteer ID (or letter) plus one guest. Space is limited to 30 attendees. Pre -registration required by calling 313-566-3207 or emailing ph it. rivera•tr:detroitnverfront Hours: Daily 9am-5pm, April —October; 10am-4pnt, November -March Admission: $14 adults (ages 15-61); $10 seniors 62+: $10 Active Military w/ID, $10 children (ages 2-14); free under 2. Parking: $6 car/van; $12 bus Note: Free Zoo admission is good for one volunteer with ID or letter during National Volunteer Week, April 11-19. 3DAD Theater, Simulator and Carousel (weather permitting) extra. Date: Sat, April 18, 2015 flours: loan-lpm (Tours at 10, 10:30, 11, 11:30am, 12 and 12:30pnr) Note: Free admission is good for one volunteer with volunteer photo ID (or letter), plus one guest. Children must be agel2 or older. Pre -registration is required. Call 313-297-81_05. Each scheduled tour limited to 10 people. Dress code is strictly enforced. Footwear must be sturdy, closed -toe, Iow heel shoes. The following are prohibited: NO sneakers, NO sandals, NO C roc - type shoes, NO sleeveless shirts, NO shorts, NO cameras. Hours: Tours Tue-Sat, IOfun4pin, Sun, 12-4pni. Admission: $12 adults, $11 seniors, $8 children age 6-12; See our website for a full list of exhibits, events and activities. Plenty of free parking available. Note: Free general admission is available to volunteers with 1D during National Volunteer Week, April l 1-19, 2015. Excludes `Behind the Scenes Tours" and special events. Tour tithes subject to change. Please call ahead or go to our website to verify. Closed Mondays. Hours: Daily 9:30ant-5pm Museum Admission: $20 adults; $18 seniors (62+); $15 youth (5-12); free 4 and under Village Tickets: $25 adults: $22.50 seniors (62+); $18.75 youth (5-12); tree 4 and under (opens April 15") IMAX Tickets: Traditional length or 3D Film $10 adults; $9 seniors (62+) $7.50 youth (5-12); $7.50 child (2-4)*; Feature length or [MAX 3D Film $13.75 adults; $12.75 seniors (62+); $9.75 youth (5-12); $9.75 child (24)* *children under 2 years of age that do not require their own seat are free of charge and do not require a ticket. Ford Rouge Tour: $16 adults: $14.50 seniors (62+): S12 youth; 2 and under free* (closed Sundays) Note: Free admittance is good for one volunteer, with identification, during National Volunteer Week. Excludes IMAX Theatre and Ford Rouge Factory Tour. Hours: Gardens Only, Mon -Fri, 8ant-6pm. All buildings closed at this time. Admission to Gardens: Free Note: Special Garden Tour for active volunteers on Sat. April 18 al3put. Free for volunteers with Volunteer ID (or letter) and one guest per volunteer. Pre -registration required by calling 313-701- 2240 or email ktttarzonie(ii?henrvfordestate.ore for details. One free ticket to the Macomber's Spring Extravaganza on Saturday, May 2, 2015 at 7:30 PM. Volunteers must pick up their ticket in person at the box office on or before May 2 First -come, first -served. Limited to 50 volunteers. Box office hours are 9am-2 pm Mon-Thurs. and 12pnr- 6pnt on Friday. Please bring either your volunteer 1D or letter from your parent organization and driver's license to receive your free ticket. Also, Feb 28 through May 9 the Lorenzo Cultural Center is hosting, "101 People, Places and Things That Made Michigan" that examines what made the Michigan of today, from the forces of nature that created the state's geography, through the forces of personality that molded its persona. This exhibit is free. The Cultural Center is open Wed -Sat 10a.m. — 4 p.m. and Sunday from I j nt.-6paw Conservatory Hours: Labor Day - tnid-Map: Daily IOam - 4:30pnt; Wed open until Spilt. Mid -May - Labor Day: Daily IOanr - Spot Trails open daily, sunrise to sunset. Admission: Free Parking: $1.40 per hour, $5 maximum, Members park for free! Note: For National Volunteer Week. individual volunteers with volunteer 1D or letter from home organization may purchase an annual Matthaei -Nichols membership at the rate that is offered to our volunteers! ($25 for volunteers, $45 for the public). Members receive free parking at Matthaei, reciprocal membership to over 270 gardens and arboreta nationwide, gift store discounts and more! Offer vcrlld April 1)-19, 2015, except where noted. 210 National Volunteer Week —April 11-19, 2015 Nleadow Brook Hall and Gardens Oakland University 480 South Adams Road Rochester, MI 48309 248-364-6200 wvv w.meadorvbrook hall. ortr Michigan Military Technical & Historical Society tNIuseurn "Chronicling Michigan in Defense of Democracy" 16600 Stephens Eastpointe, MI 48021 www.mimths.ora Oakland County Parks and Recreation 2800 Watkins Lake Rd. Waterford. lvil 48323 248-975-9717 www.Destination0akiand.can The Parade Company 9500 Ivlt Elliott Detroit, MI 48211 313-923-7400 ext239 www.ThcParade.ora Reciprocal Free Admission Program for Volunteers Hours: Mon - Fri 1:30pnt tour, Sat & Sun 11:30am, 12:30, 1:30 and 2:30pm tours Admission: $15 adults, $10 seniors (624-), $10 OU faculty and staff with OU 1D. Free Old students with OU ID. Free children 12 & under Note: Free admission is good for one volunteer for valid tour times between April 11-191 2015. Must show ID or volunteer letter. Hours: Sat 10-5, Sun 12-5 Free admission for one volunteer plus one guest. Must present volunteer 1D or letter front your organization. Hours: Daily, dawn to dusk Admission: Daily vehicle entry permit $5 Oakland County residents, $10 regular rate. Annual permit $30 Oakland County residents, $46 regular rate. Note: Free entry valid for Addison Oaks, Highland Oaks, Independence Oaks, Lyon Oaks. Orion Oaks Dog Park, Red Oaks Dog Park and Nature Center or Rose Oaks county parks. Must have at least one volunteer from participating organization with valid ID or volunteer letter on organization letterhead_ ID or letter must be presented at park entry if applicable and placed on vehicle dashboard. flours: By Reservation Only Regular Admission Price: $12 adults; $8 children under 18 Note: Good for one free tour admission for volunteer with ID or letter. Each additional guest may accompany volunteer for $5/guest. Valid Tue, April 14 and Wed, April 15 at 1 lam and Sat, April 18 at I lam. Tours last approx, 1 hour. You must call 313-432-7833 in advance for reservations. Free, secure parking is available. Ojjer valid April 11-19, 2015, except where noted. 211 .WW , NEWS RELEASE March 17, 2015 Desiree Stanfield 248-858-4627 @OCParksNews FootGolf birthday parties offered at Red Oaks Golf Course OAKLAND COUNTY— How about something different for your child's next birthday party? Try a round of FootGolf. Oakland County Parks and Recreation is offering FootGolf birthday parties at the Red Oaks Golf Course. The parties can host as many as 36 participants and can be held Fridays, Saturdays or Sundays after 2 p.m. FootGolf is a combination of soccer and golf. To play FootGolf, players use soccer balls on a traditional golf course with 21-inch diameter cups. The rules largely correspond to the rules of golf. The Red Oaks FootGolf Course has nine holes, built within the nine of the Red Oaks Golf Course. Party packages include: • 1 round of FootGolf per child. FootGolfers will go out in groups of four every eight minutes. • A 90-minute birthday celebration in the clubhouse once all of the party goers have completed their round. • Party Invitations, plain white plastic table covers and decorations. • A goodie bag for each child The cost is $110 for up to 11 children with $11 for each additional child. The birthday child is FREE. One adult chaperone per foursome required for children ages 7 — 11 and one adult chaperone for every 12 children over the age of 12. (No fee for chaperones.) Prepared foods, cake and beverage may be brought into the clubhouse for the party. To book a birthday or to learn more about the party packages, call 248-541-5030 or email red oaksgc(&oakgov.com Red Oaks Golf Course is located at 29600 John R Road in Madison Heights, Visit DestinationOakland.com for more information. Join the conversation on Facebook, Instagram and Twitter (a)DestinationOak. -30- 212 PROSPER ��aklane! County, k4inhia,an An initiative of L. Brooks Patterson, County Executive IN THE NEWS Oakland County Parks receives state awards Oakland County Prosper I Friday, March 20, 2015 SHARE 000Q1 OAKLAND COUNTY GROVELAND, MADISON HEIGHTS Oakland County Parks and Recreation was honored with six awards at the Michigan Recreation and Parks Association (MPRA) annual banquet in February in Lansing. According to MRPA, these accolades recognize exemplary park and recreation professionals and citizen advocates. Honorees embody the core values of the profession, demonstrate the highest level of performance in their job duties and maintain a tremendous commitment to MRPA, according to MRPA Operating Officer Ann Conklin "As a parks system, we work collaboratively to provide excellent parks and unique recreation opportunities for Oakland County residents and surrounding communities. The receipt of these awards is made possible because of Oakland County Parks' staffs passion for their jobs," Executive Officer of Oakland County Parks and Recreation executive Officer Dan Stencil said. The successful nominations were submitted by Oakland County Parks: Marketing Awards Outstanding Video: Dixie Gully Run The video was produced to promote the collaboration between OCP, Groveland Township and the Michigan Department of Natural Resources to recycle a portion of a mining operation facility to a proposed adventure park. OCP hosted two events for ORVers to test the track and provide feedback. The video was posted to OCP's Facebook page as a means to attract people to register for a public event. Media Advocate: Lisa LaGrou, Oakland County Moms As creator of mom blog OaklandCountyMoms.com, LaGrou has been featuring family events in Oakland County for nearly 10 years. She is a staunch supporter of outdoor activities for children including events through Oakland County Parks and Recreation. LaGrou is a family source for media in the area and is regularly featured on WDIV's "Live in the D" program with hosts Guy Gordon and Karen Drew as part of the Live in the D Mom panel. Professional Awards State Elected Official: Ruth Johnson, Michigan Secretary of State OCP nominated Ruth Johnson who has proven that she is a constant supporter of outdoor recreation. She advocates for the DNR's Recreation Passport, the pass for entrance to state parks, recreation areas, state forest campgrounds and non -motorized trail heads and boat launches. Because of her work, residents when renewing 213 their license plates can now simply check the "yes" box on the license plate form to get their recreation passport. Johnson served as an Oakland County Commissioner and an Oakland County Parks and Recreation Commissioner from 1994-1998. During her tenure, the Waterford Oaks Waterpark received major improvements including the addition of a children's water playground and a group raft ride. Groveland Oaks County Park also underwent vast renovations including the reconfiguration of group campsites, the addition of seven new group shelters and water and electrical hookups. Commitment to Excellence: Dan Stencil, CPRE, Executive Officer Dan Stencil consistently demonstrates significant investment, support and guidance to his fellow professionals at Oakland County Parks. This honor is given to the person that exemplifies the highest level of professionalism within the industry and is chosen by MRPA's president. New Professional: Matt Pardy, Park Supervisor Matt Pardy is a passionate advocate of lifeguard training. Through his leadership, OCP has expanded its training program to include refresher courses and extensive training for new lifeguards. Pardy oversees up to 100 seasonal employees and is responsible for the facility's $1.25 million annual budget. He developed a manual for new employees, outlining expectations and policies, resulting in a cultural shift toward greater professionalism and pride at the park system's facilities. Programmy Awards Outreach Partnership: Recreation Assistance Partnership Program The Recreation Assistance Partnership Program continues to bring a full slate of programs to Oakland County's 62 cities, villages and townships by bringing enriching outreach programs directly to residents. Oakland County Parks and Recreation Commission continues to show its support for RAPP through its annual funding allocation. This year those monies will allow the program to provide recreation activities to more than 200,000 residents who may not otherwise have access to these opportunities. Health and Welluess Program: River Walk at Red Oaks Waterpark The 1,000 foot long River Ride at Red Oaks Waterpark serves a dual purpose in the Madison Heights community. By day, the moving river is a relaxing waterpark ride with guests of all ages gliding down the twists and turns on tubes. By evening, it is transformed into an outdoor exercise area for adults to enjoy a brisk cardiovascular workout. The gentle resistance of the circulating, waist -high water is ideal exercise for people with disabilities, joint replacements or other health challenges, while offering an invigorating therapeutic experience in a scenic setting. The River Walk has helped many Oakland County residents commit to a healthy lifestyle. Oakland County Parks and Recreation Commission is committed to creating year-round recreational opportunities at 13 parks while preserving park land. In 49 years, the Oakland County Parks system has grown to 7,000 acres of natural landscapes. Oakland County's beautiful parks contribute to the high quality of life that attracts businesses and residents to the communities and outdoor recreation for Oakland County residents. Visit DestinationOakland.com for more information about Oakland County Parks and Recreation and join the conversation on Facebook and Twitter (iWestinationOak. 214 AF- PROSPER V(7)akland County, F-hiehisian An initiative of L. Brooks Patterson, County Executive IN THE NEWS Oakland County Parks Great Marshmallow Drop Oakland County Prosper I Friday, March 20, 2015 .:: � f in $• COMMUNITY BUILDING SOUTHFIELD / SOUTHFIELD TOWNSHIP Oakland County Parks Great Marshmallow Drop Friday, April 3, 10 a.m. Catalpa Oaks County Park 127725 Greenfield Road, Southfield Watch 15,000 marshmallows fall from a helicopter for children to collect and exchange for a prize. Children will participate by age groups: ages 4 & younger and individuals with disabilities; ages 5 — 7, and ages 8 and older. The helicopter will fly over three times, once for each age group. The event is not a competition, just a fun time. There is no charge to participate. Visit DestinationOakland.com for more information. Join the conversation on Facebook. Instaaram and Twitter a,DestinationOak. 215 l0511AIARG1kg Pl k%1011&1 �:1 H k�� OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA APRIL 14, 2015 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Sue Wells, Manager of Parks and Recreation Operations Phil Castonia, Chief of Business Operations Submitted: April 1, 2015 Subject: Food and Beverage Committee/Consultant Update INTRODUCTION AND HISTORY AGENDA ITEM NO. 11 C ADMINISTRATION A verbal update on the current Food and Beverage projects will be given and the April 14, 2015 OCPR Commission meeting. Topics include the following: Springfield Oaks • An update on MMD's first week of service will be given. Concession Operations • Training is starting for seasonal staff. • Contract for Food and Beverage Distributors are finalized. • Phase 1 Renovations status will be given. Conference Center RFP Update (White Lake and Lyon Oaks) • Contract with Katherine's Catering is on the agenda. 216