Loading...
HomeMy WebLinkAboutResolutions - 2008.10.23 - 9621REPORT (misc. 108216) October 23, 2008 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: MR #08216 — DEPARTMENT OF PARKS AND RECREATION — APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on October 14, 2008, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #08216 October 2, 2008 By: General Government Committee, Christine Long, Chairperson INRE: DEPARTMENT OF PARKS AND RECREATION — APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of the Lyon Oaks County Park located at 52251 Pontiac Trail, Wixom, Michigan; and WHEREAS, the Oakland County Parks and Recreation Commission wishes to construct a replacement bridge in Lyon Oaks County Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails; and WHEREAS, the City of Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS, the Oakland County Parks and Recreation Commission proposes to construct the bridge in-house using park staff and equipment; and WHEREAS, the parties shall evenly split the entire cost of the project, assisting the Oakland County Parks and Recreation Commission in its strategic master plan goal to increase both revenue sources and partnerships with local government agencies; and WHEREAS, the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Interlocal Agreement and recommend its approval; and WHEREAS, the Oakland County Parks and Recreation Commission, at its September 3, 2008 meeting, adopted a resolution in support of the approval and acceptance of the terms of the Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Interlocal Agreement between the County of Oakland and the City of Wixom. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE „ 4 GENERAL GOVERNMENT Motion carried unanimously on a roll call vote with Gingell absent. RESOLUTION WHEREAS, the Oakland County Parks and Recreation Commission manages property commonly referred to as the Lyon Oaks County Park; and WHEREAS, the Oakland County Parks and Recreation Commission wishes to construct a bridge which shall replace a bridge in Lyon Oaks County Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails; and WHEREAS, the city of Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS, the Oakland County Parks and Recreation Commission proposes to construct the bridge in-house using park staff and equipment: and WHEREAS, the parties shall evenly split the entire cost of the project, assisting the Parks Commission in its strategic master plan goal to increase both revenue sources and partnerships with local government agencies. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the approval and acceptance of the terms of the Interlace! Agreement between the County of Oakland and the city of Wixom. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests that the Oakland County Board of Commissioners direct its Chairperson or designee to execute the Interlocal Agreement for the construction of a bridge over the Norton Drain in Lyon Oaks County Park. Moved by Supported by Date wat D:ISDataVy doc...uments\Reso,ut:orst2008\01927:V LO Bridge Aareemel',.doc. INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF wixom This Agreement is made between Oakland County, a Municipal Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and the City of Wixom, a Municipal and Constitutional Corporation, 49045 Pontiac Trail, Wixom, MI 48393 ("Wixom"). All obligations and responsibilities of the County shall be carried out by the Oakland County Parks and Recreation Commission, an official statutory agent of the County, 2800 Watkins Lake Road, Waterford, Michigan 48328 ("Parks and Recreation Commission"). In this Agreement, the County and Wixom may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124,501, et seq., the County and Wixom enter into this Agreement. The purpose of this Agreement is to delineate the responsibilities and obligations of the Parties regarding the construction and maintenance of a bridge in Lyon Oaks Park. WHEREAS, the Parks and Recreation Commission manages property commonly referred to as the Lyon Oaks County Park; and WHEREAS, the Parks and Recreation Commission wishes to construct a bridge which shall replace a bridge in Lyon Oaks Park over the Norton Drain, such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails ("the Project"); and WHEREAS, Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS, the. Parks and Recreation Commission proposes to construct the bridge in- house using park staff and equipment, according to specifications specifically described in Exhibit A; and WHEREAS, the parties shall evenly split the entire cost of the Project; and NOW. THEREFORE, in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: Bridge Affeement-FinaI Page 1 Li. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification or amendment. 1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, or any such persons' successors. 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 1.4. Exhibit means all of the following documents which are fully incorporated into this Agreement: 1.4,1. Exhibit A:Bridge Drawing 1.5. Project means the construction of a bridge, pursuant to Exhibit 4, which shall replace a bridge in Lyon Oaks Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails. 1.6. Wixom means the City of Wixom, includina, but not limited to, its Council, departments, divisions, elected and appointed officials, directors, board members, council members, commissioners. authorities, committees, employees, agents, subcontractors, or any such persons' successors. 2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall carry out the following: 2.1. The Parks and Recreation Commission shall construct a bridge at Lyon Oaks County Park, as more specifically described in Exhibit A. 2.2. The Parks and Recreation Commission shall construct the bridge using Parks and Recreation Commission staff and equipment. 2.3. In the event a contractor is needed at any time during the Project, the Parks and Recreation Commission shall contract with a suitable contractor to perform worked deemed necessary. 2.4. The Parks and RecreaUon Commission shall secure the necessary permits and approvals from the government entities having jurisdiction, including the necessary permits from Wixom. Wixom shall not charge the County fees for such permits or approvals. 2.5. The Parks and Recreation Commission shall keep and maintain complete and accurate records regarding all costs associated with the Project and shall make same available to Wixom. 2.6. The Parks and Recreation Commission shall maintain and provide necessary repairs for the bridge. 3. WIXOMS RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall carry out the following: 3.1. Wixom shall be responsible for fifty percent (50%) of the total cost of the Project. The total cost of the Project shall not to exceed forty thousand dollars ($40,000.00), Bridge Agreement-Final Page 2 3.2. Wixom shall make one lump sum payment to the Parks and Recreation Commission upon completion of the Project. 3.3. Wixom, at its discretion, may provide staff to assist in the construction of the bridge. If assisting in the construction, Wixom shall keep complete and accurate daily records of the assistance provided and submit their labor and equipment rates. The Parties shall calculate the monetary worth of Wixorn's assistance and deduct that amount from the amount Wixo.m is responsibe to pay under Section 3.1. 4. DURATION OF AGREEMENT. 4,1. The Agreement and any amendments hereto shall be effective when executed by both Parties, with resolutions passed by the governing bodies - of each Party, and when the Agreement is filed according to INACL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party.. 4.2. This Agreement shall remain in effect until cancelled or terminated by - either Party pursuant to Section 6. 5. ASSURANCES. 5.1, Each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. 5.2. Neither Party shall be liable to the other Party for any consequential, incidental, indirect, or special damages of any kind in connection with this Agreement. 5,3. To the maximum extent provided by law, if there is any amount past due under this Agreement, the County, in its sole discretion, has the right to set off that amount from any amount due to Wixom from the County, including, but not limited to, distributions from the Delinquent Tax Revolving Fund (DTRF). TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice. The effective date for termination or cancellation shall be clearly stated in the notice. 7. NO THIRD PARTY BENEFICIARIES. Except as expressly provided in this Agreement, this Agreement does not and is no intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 8. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local laws, statutes. ordinances, regulations, administrative rules, and requirements applicable to its activities performed tinder this Agreement. 9. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or other persons or entities with respect to hire, - tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 10. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity' of the Parties. Bridge Agreement-Final Page 11.. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, • an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the . affected Party. Reasonable notice shall be given to the affected Party of any such event. 12. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously agreed to by the Parties and specifically listed herein. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise. In one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, cc..,rtified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when ohe of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail, 17.1, If Notice is set to the County, it shall be addressed and sent to: Oakland County Parks and Recreation Commission Executive Officer 2800 Watkins Lake Road, Building 97 Waterford, MI 48328 and Bridge Agreement-Final Page 4 Oakland County Board of Commissioners, Chairperson 1200 North Telegraph Road Pontiac, MI 48341 17.2. If Notice is set to the County, it shall be addressed and sent to: 17.3. .Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to • enforce, interpret, or decide any claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above, 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties governing bodies. 20. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the Parties. The language of this Agreement shall be construed as a whole according :o its fair meaning and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, hereby acknowledges that he has been authorized by a resolution of the . a certified copy of which is attached, to execute this Agreement on behalf of the Political Subdivision and hereby accepts and binds the Political Subdivision to the terms and conditions of this Agreement. EXECUTED: DATE: Bridge Agreement-Final PLurre 5 EXECUTED: DATE: WITNESSED: DATE: IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which, is attached, to execute this Agreement on behalf of Oakland County and hereby accepts and binds • Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Bill Bullard, Jr.. Chairperson Oakland County Board of Commissioners Pecky Leis, Chairperson Oakland County Parks arid Recreation Commission WITNESSED: DATE: Ruth Johnson. Clerk Register of Deeds County of Oakland Bride Agreement-Final Pa..ize 6 ,_117 11,1:9 Prt - • - i iF 1[E1;•:.".: • EIL CLCt1,20.4 1. • • 1,:,1.1•11 •:•11 •"n11.•‘1.-:.1 1. • Ti'71- IF, E L • • 1 1-1 2•21.4..111 1C.L7 1'1,, I. r. L. - - t Erg .,., 4 "=. • Lr, r LA 6 • F1-244 VtELLI .1 -../ 1.0 I 7, FYI 1A-50 !. =11.. 1.117/:.2 1: 1.1,1' PI,: : er• : ,. :. -L ' r.,... E.:, ;•4 . . li • “ • . 111groi. j c:I • .,,i . •".:1.". 7,1... ;1 11,- 10-E; I .5-• t ....., .-.,.--,. •••••• •:. , , ., . l',...; 1 ---. 1'''' .10 • '.1 . '1 -. If-•-r". - 41 -,-- 7- j n ...--. n , . 1 i c,X'27...._ 1,..7-,:, , ' • '' 1 I --N., I -...--..:,, it- ---1.. 7._.• rit. .i,:!, 1 7 '..'1 I I. '', 'N-.-- I .------......n- -- . : .: 1 ,,../..,,:•,.;,. er. ,S 1,. \ : I i i 1,....".,?.....1 ::- 17 - 1 1 II 1 r 1 '; ;• G4aL.E GOML DETAIL eiDE ELEVAIIM1 • 1.1,:1' I 1 PFD:41- ELEYAi IC Resolution #08216 October 2, 2008 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC. #08216) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION - APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County Parks and Recreation and the City of Wixom agree on a joint project to build a bridge to replaces the current bridge over the Norton Drain at the Lyon Oaks park which gives the City access to the sanitary maintenance and provide access to public trails. 2. Oakland County Parks and Recreation will construct a bridge at a cost not to exceed $40,000. The cost will be split evenly between the City and the County. 3. The resolution approves the Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with the City of Wixom. 4. Estimated cost of project is $20,000 for Oakland County and is available in the FY 2009 Parks and Recreation Budget. 5. No budget amendments are recommended. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Kowa!! and Greimel absent. Resolution #08216 October 23, 2008 Moved by Long supported by Greirnel the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being acixptud). AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts. Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). (EMY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 23, 2008, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 23rd day of October, 2008. Ruth Johnson, County Clerk