HomeMy WebLinkAboutResolutions - 2012.11.28 - 20612MISCELLANEOUS RESOLUTION #11287 November 28, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — REQUEST FOR APPROVAL OF RADIO
SYSTEM AGREEMENT FOR THE NEW COUNTY-WIDE RADIO SYSTEM, OAKININ
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #98308,
recognized that the County's 800MHz radio system needed to be upgraded and expanded to encompass
all public safety agencies in Oakland County and to create interoperatibility between public safety
agencies in Oakland County; and
WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous
Resolution #12086, authorized a County 9-1-1 Charge of $.20, per billable devices, to pay for the
operations, constructions and necessary provisions of the Radio Communications Fund which includes
the new County-wide radio system, OakWIN, that has the ability to encompass all public safety agencies
and create interoperability between all public safety agencies in Oakland County; and
WHEREAS Orion Township now desires to use OakWIN; and
WHEREAS to properly implement and operate OakWIN, the County needs to enter into the attached
Radio System Agreement ("Agreement") with Orion Township to delineate the relationship and
responsibilities between the Parties regarding OakWIN; and
WHEREAS the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #05158,
approved and authorized the Agreement between the County and most all other public safety agencies in
Oakland County; and
WHEREAS it is the recommendation of the Department of Information Technology that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached Agreement
with Orion Township; and
WHEREAS the Departments of Information Technology and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Agreement to govern the relationship and responsibilities between the County
and Orion Township regarding the use and operation of OakWIN.
BE IT FURTHER RESOLVED that any costs and fees associated with the use, operation, and
maintenance of OakWIN that would be assessed to the user shall be approved by the Board of
Commissioners.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement and all other related documents between
the County and Orion Township.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potts absent.
10 SYSTEM AGREEMENT
BETWEEN
THE COUNTY OF OAKLAND
AND
.ARTER TOWNS nt OF ORION
INISMONesowwwkwasaqvillitik4-V:34641 atillowoovil*N06,941.414tegov_witot-,
This Agreement ('The Agreement") is made between Oaki; • County, a Constitutional
and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"),
and the Charter Township of Orion, 2525 Joslyn Road, Lake Orion, ivfic 48360
("Municipality"), on behalf of the Orion Township Fire Department, a • cipating
'public safety department (‘ Department"). In this Agreement, the County and the
Municipality may also be referred to individeally as "Party" or jointly as 'Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA7, MCL 124.501, et seq., the County and the Municipality enter into this Agreement
for the purpose of delineating the relationship a responsibilities between the County
and the Municipality rel e ding the new inter.. - ; sIc 800 MHZ Radio System in
Oakland County. The creation of the new Radio System stemmed from major
interoperability deficiencies of the current tchwork radio systems operated on150
WalZ, 420 MHZ, and 800 MIE frequencies by public safety : :encies throughout
Oakland County. The major interoperability deficiencies were illustrated in November
1996, by the inability of thirteen public safety : lencies to effectively communicate at the
scene of the Wixom Ford Plant shooting. This event and the need for homeland security
underscores the need to unify public safety communications in Oak-land County.
Through this Agreement and with the o _ *on of the new : "o System, each. Party will
be better prepared to serve its citizens.
In consideration of the mutual promises, obli ions, representations, and assurances in
this Agreement, the Parties agree to the following:
1. ENTITIES PERPO U G UNDER T I AGREEMENT. All County
responsibilities set forth in this Agreement shall be provided through the CLENS
Division of the County Department of Information Technology, All Municipal
services ;.. 4 obli n "ens set forth in this Agreement shall be performed by the Orion
Township Fire Department ("Department"). The Radio Oversight Committee of the
CLEWS Advisory Board shall provide direction, counsel, and recommen. aons
concerning the operation and use of the Radio System.
2. DEFINVIONS, 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.
Final Radio System Agreement–Orion Township—Orion Township
Pagel
2.1. Amement means the terms and conditions of this Agreement, the Exhibits
attached hereto, and any other mutually: t 4".i , to written and executed
modification, amendment, or addendum.
affreeCI
2.2. Municipality means the Charter Township of Orion, a Municir:ud
Constitutional Corporation including, but not limited to, its Cour i, Board,
any and all of its departments, its divisions, elected and appoint e' , officials,
directors, board members, council members, commissioners, authorities,
committees, employs, agents, subcontractors, volunteers, and/or any such
person? successors,
2.3. Clain' means any tdioss, claim, comnlaint, demand fe-reL.cr
r,es, cause of proceeding, judgment, deficienoT,
, litigation, co oo, .or expenses, inclioding, but nco. Ondlod
reimbursement for r. attorney fees, witness fees, court costs,
investi tH;, :iron expenses, litit ;tion expenses, and amounts paid in settlement,
which are imposed on, incurred by, or .asserted against the Cotmty, its
employees or agents, whether such Claim is brought in law or equity, tort,
contract, or otherwise.
2.4. CLEMIS means the Courts and Law Enforcement Management information
System, a regional consortium of public safety departments, and the
associated voice and data networks operated by the County to enhance public
safety and criroinal iusbee operations in Southeastern Michigan.
2.5. CLEARS Adviscnv Toy- means the Board 4 provides direction, counsel,
and recommendations 'k:: t Comity concerning the operation of CLEIvilS.
2.6. CLEWS Division means the CLEMIS and Public Safety Division. of the
Oakland County Department of Information Technology.
2.7. County means Oakland County, a Municipal and Constitutional Corporation
including, but not limited to, all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees,
employees, agents, volunteers, and/or any such persons' successors,
2.8, Da means any calendar day beginning at 12:00 am. and ending at 11:59 p.m,
2.9. FCC means the Federal Communications Commission.
2.10. Infrastructure Equipment means all base stations, transmitters, combiners,
antennae, amplifiers, coaxial cable, generators, shelters, network switches and
all associated servers and routers (Network Switching center), network
connectivity, consoles at public safety answering points, and gateways.
2.11. Radio Oversight Committee means the standing committee of the CLEM1S
Advisory Board, which provides direction, counsel, and recommendations to
Radio System Agreement—Orlon Township
Page 2
4. OPERATION AND USE 0 IQ SYSTEM. RAD
NT. [PM
the CLEMIS Advisory Board regaling radio communication and the
operation of the 9-1-1 Service Plan for Os = d County.
2.12. Radio System ("the System") means the County wide interoperable 800
MHZ voice radio system.
2.13. Radio System Policies and Procedures means the policies and procedures
created by the Radio Oversight Committee approved and adopted by the
CLEWS Advisory Board which shall govern the trinnngentent, operation, and
use of the Radio System.
2.14. User Equipment means mobile and portable radios and all accessories
thereto, control stations, and VJacs.
• 3. AGMENT E I I ITS. The Exhibits listed below their properly
promulgated amendments are incorporated and are part of this Agreement.
11. Exhibij A. The Radio System Policies and Procedures
REF t
4.1. The County is the owner of the Radio System and the Infrastructure
Equipment. The County shall maintain and provide insurance for the Radio
System and the Infrastructure Equip ii ent.
4.2. The County is the license holder for all FCC licenses for the 800 MHZ
frequencies used in the " •"o System. The County shall maintain these
licenses and/or modify the licenses as required to operate the Radio System.
4.3. The Department or Municipality shall be the FCC license holder and maintain
any legacy conventional frequencies used by the Department or Municipality,
including those interfaced through the Radio System consoles and/or
gateways.
4.4, The County may monitor and audit the Municipality's and/or Department's
compliance with the Radio System Policies and Procedures. The monitoring
and auditing of the Radio System may be performed periodically at the
discretion of the County and at the sole expense of the County.
5. Of ErA.TION AND USE C-7 USER E4
5.1. The policies and procedures for the purchase, programming, repair,
replacement, and maintenance of User Equipment will be set forth in the
Radio System Policies :1 i Procedures.
5.2. The County shall not provide insurance for the User
Radio System Agreement Orion Township
. Page 3
5.3. User Equipment purchased by the County shall remain the property of the
County. User Equipment purchased by the Municipality shall remain the
property of the Municipality.
6. CLEIVITS ADVISORY BOARD/RAVI° OVERSTG7," CO - '1 '1 EE
RESPONSIBILITIES.
6.1. The Radio Oversight Corm:tine- shall provide direction, Maisel, and
recommendations to the CL.Er, IS Advisory Bo: concerning the operation of
Radio System.. The CLEMIS is ny Boar-1 r. relay such direction,
counsel, and recor ,neridations County.
6.2. The Radio Over s' - it Committee i1J create pe es and procedures that
gkevern the opt end use o:ii adio System. The R.adio
Oversight Comte 7.;.,e shall present the policies ii. procedures to the CLEMIS
Advisory Board for approval and adoption.
6.3. The : *o Oversight Committee shall review the Radio System Policies and
Procedures at least once a year to determine if changes or amendments are
necessary. All changes and amendments to the Radio System Policies and
Procedures shall be presented to the CLEWS Advisory Board for approval
and adoption.
6.4. The County shall compile and send to the Municipality the Radio System
Policies and Procedures and any changes or amendments to the Radio System
Policies and Procedures after their approval and adoption by the CLEIvilS
Advisory Board.
7. FINANCIAL RESPONSIBILITIES. The costs and fees associated with the use,
operation, and maintenance of the Radio System, the maintenance of the User
Equipment, and the repair, replacement, or purchase of the new User Equipment shall
be set forth in the Radio System Policies and Procedures. In the event there are any
costs or fees imposed and due to the County in connection with this Agreement
and/or for the use, operation, or maintenance of the Radio System or User Equipment,
the County has the right to set off any amount past due and retain any amount of
money due to the Municipality from the County equal to the past due amount,
including, but not limited to, distributions from the Delinquent Tax Revolving Fund
(DTRF).
8. DURATION OF 1NTERLOCAL AGREEMENT.
8.1. The Agreement and any amendments hereto shall be effective when executed
by both Parties with concurrent resolutions passed by the governing bodies of
each Party. The approval and terms of this Agreement : I any endments
hereto shall be entered in the official minutes of the governing bodies of each
Party.
Radio System Agreement----Orion Township
.Page 4
ana
A.f
UDC Proc
8.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 10.
9. ASS
9.1.
CES.
Each Party shall be responsible for its own acts and the acts of its employees,
agents, the costs associated with those acts, and the defense of those acts.
The County is not responsible for any Clairaa arising directly or indirectly
from misuse of the Radio System by the Municipality, its employees, or it
agents.
an"
9.3. Neither the County nor Municipality shall be liable for any consequential,
incidental, indirect, or special es in connection with this Agreement.
9.4. The Parties have taken all actions ?Ind 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 • bind
the Parties to the terms and conditions contained herein.
9.5, Each Party shall follow the " "o System Policies
changes or amendments.
9.6. Each Party shall co ly with all federal, ite, and local ordinances,
regulations, administrative rules, and requirements applicable to its activities
performed under this Agreement, including but not limited to, all FCC rules
and regulations.
9.7. Violation of the Radio System Policies and Procedures shall first be addressed
by the Municipality. If the violation is not addressed by The Municipality, the
Radio Oversight Committee shall take the appropriate action to correct the
violation or recommend to the County action the County should take to
correct the violation, which could include termination of this Agreement.
9.8. Any costs, fees, or fines which result from violation of the Radio System
Policies and Procedures and/or any federal, state, or local laws, administrative
rules, regulaons, or ordinances shall be the responsibility of the entity or
entities committing the violation.
10. TERMINATION OR CANCEL!,ATIQN OF AGREEMENT.
10.1. The Municipality may terminate or cancel this Agreement for any reason upon
thirty (30) Days written notice to the County. Within Sixty (60) Days of
termination or cancellation of this Agreement, the Municipality must return all
User Equipment (not purchased by the Municipality), all consoles, and all
control stations to the County
Radio System Agreement—Orion Township
Page 5
10.2. Upon thirty (30) Days written notice to the Municipality, the may
terminate or cancel this Agreement upon recommendation of the Radio
Oversight Committee, as adopted by the CLEMIS Advisory Board, or if the
Radio System ceases to exist.
11. TRAINING. The policies and procedures concerning initial and continual training
regarding the use of the Radio System by the Municipality and/or Department will he
set forth in the Radio System Policies ‘,s Procedures.
12. LOCAL Municipality and/or
Departn:. at least one person t an r::':n.rriate tr." EtZt a.s the.,
Radio :or. This individual(s) will act as a liaison between the
tbn L:nnr.v.-,,,?. regarding the operation ann use of the Radio System fir that si-...e"-.8:Lf12, jurisdi.n....on. The names of the Local Radio System Administrators shall
be conveyed to the Ei..d.dual. listed in Section 22.1.
13, NO tiP PARTY " I S. Except as provided for the benefit of the
Parties, this Ageemen Coes not and is not intended to create any obligation, dirty,
promise, contractual right or benefit, light to indemnification, ri. st to stibrogatioia,
and/or any other right, in favor of any other person or entity.
14. DISCRI1V7 :rfoN. The Parties shall not discriminate against their employees,
agents, a Lanu for employment, or another 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.
15, PE AND LICENSES. Each Party : ; be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations necessary to perform all its responsibilities under
this Agreement. Upon request, a Party shall furnish copies of any permit, license,
certificate or governmental authorization to the requesting Party.
16. RESERVATION OF RIGHT'S, This Agreement does not, and is not intenited to
impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties.
17. FORCE JE . 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, acts of government (other than the Parties'), 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.
18. DELEGATTON/SITBCONT: Nr, The Municipality shall not
delegate, subcontract, and/or assign any obli; °ons or rights under this Agreement
without the prior written consent of the Court
Radio System Agreement Orion Township
Pan ' 6
/9. NO ' LIED W R. 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.
20. 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,
21. C IONS. The section and subsection numbers, captions, and any index to such
ubseetions 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 demised the appropriate plurality, gender or possession as the context
requires.
22. NOTICES, Notices given under this Agreement shall be in wri a s!. and shall be
personally delivered, sent by express delivery service, certified mail, or first class
US. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing first class or certified U.S. mail.
22,1. If Notice is sent to the County, it shall be addressed ;u sent to: Oakland
County Department of Information Technology, Manager of CLEMIS
Division, 1200 North Telegraph Road, Building #49 West, Pontiac, Michigan,
48341 and Chairperson of the Oakland County Board of Commissioners, 1200
North Telegraph, Pontiac, Michigan 48341.
22.2, If Notice is sent to the Municipality, it shall be addressed to:
22.3. Either Party may change the address and/or individual to which Notice is sent
by notifying the other Party in writing of the change.
23. GOVERNING LAW/CONSENT TO JURISDICTIONIND 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
Radio System Agreement—Orion Township
Page 7
EMU
Resolution #12287 November 28, 2012
Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic, Covey. (25)
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).
HEREBY APPROVE THIS RESOLUTION
CHEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45,559A (7)
IL I 3 6
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 November
28, 2012, 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 28m day of November, 2012.
, ck
Bill Bullard Jr., Oakland County