HomeMy WebLinkAboutResolutions - 2013.06.13 - 20854TTEE ANCE CO
#13150 MISCELLANEOUS RESOLUTION _ June 13, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — INTERLOCAL
AGREEMENT BETWEEN OAKLAND COUNTY AND PLYMOUTH TOWNSHIP
FIRE DEPARTMENT FOR THE FIRE RECORDS MANAGEMENT SYSTEM
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire
Records Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and create fire
records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch
information, and complete the recording in a standard records management system, promoting
communication and the sharing of fire records among the municipalities that participate; and
WHEREAS the Department of Information Technology, the Department of Corporation
Counsel, and the Fire Governance Committee have developed a Fire Records Management System
Interlocal Agreement setting forth the rights and obligations of the County and the municipalities
participating in the Fire Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the
attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and
WHEREAS Plymouth Township Fire Department would like to participate in the Fire Records
Management System beginning August 1, 2013 and will be responsible for the following annual fees
(prorating 2 months access for FY 2013)
- $4,902.00 annual department fee
- $1,401.00 each additional station fee
WHEREAS the addition of Plymouth Township Fire Department will require a one-time
purchase of two additional FRMS software licenses at $2,800 each and increase the annual software
maintenance by $568 for each license; and
BE IT FURTHER RESOLVED that the Fire Records Management System Fund FY 2013
budget be amended as specified below and FY2014 - 2016 will be included as part of the County
Executive Recommended Budget:
Fire Records Management Fund (53100)
Revenue
1080325-115100-631460 Participation Fees
1080325-115110-665882 Planned Use of Balance
Total FRMS Fund Revenue
Expenditures
1080325-115100-731773 Software Purchase
1080325-115100-731780 Software Maint.
Total FRMS Fund Expense
FY 2013
$6,840
(1,051)
789
$5,600
189
$5,789
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Chairperson of the Board of Commissioners to sign the attached Fire Records
Management System Interlocal Agreement with Plymouth Township Fire Department.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
FIRE RECORDS MANAGEMENT INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CHARTER TOWNSHIP OF PLYMOUTH
This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional
and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the
Charter Township of Plymouth, 9955 N. Haggerty Road, Plymouth MI 48170-4673.
("CVT''). in this Agreement the County and the CVT may also be referred to individually as
"Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1 967 PA 7,
1VICI., 124.501 et seq., the County and the CVT enter into this Agreement for the purpose of
providing the CVT with access to the Fire Records Management System ("FRIVI.S"). FRMS is
intended to capture and create fire records from their inception at a 9-1-1 call and continuing the
record to include the computer aided dispatch information resulting with a standard records
management system. FRMS promotes communication and sharing of fire records among the
entities that participate. The entities that participate in FRMS will enjoy the benefits of a single
system, common standards, and costs shared through a cooperative relationship with the County.
This Agreement is intended to delineate the relationship and responsibilities between the County
and the CVTs regarding FRMS.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services and
obligations set forth in this Agreement shall be provided through the County's Department of
Information Technology. All CVT's services and obligations set forth in this Agreement shall
be performed by the Charter Township of Plymouth Fire Department. The Fire Governance
Committee will provide direction, counsel, and recommendations concerning the operation of
FR:MS.
2. 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.
2.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached
hereto, and any other mutually agreed to written and executed modification,
amendment, addendum, or change order.
2 .2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause
of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs,
and/or expenses, including, but not limited to, reimbursement for reasonable attorney
Paae
fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts
paid in settlement, which are imposed on, incurred by, or asserted against the County,
its employees or agents, whether such Claim is brought in law or equity, tort, contract,
or otherwise.
2.3. 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.
2.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2.5. Local System Administrator means a person employed by the CVT and designated
by the head of the Charter Township of Plymouth Fire Department to perform
duties related to FRIVIS and act as a liaison between the CVT and the County.
2.6, Fire Governance Committee ("FGC") means a committee comprised of
representatives from six fire departments, appointed by the Oakland County Fire
Chiefs Organization that shall provide direction, counsel., and recommendations
concerning the operation of the Fire Records Management System.
2.7. Fire Records Management System ("FRMS") captures and creates fire records from
their inception at a 9-1-I call and continues the record to include the computer aided
dispatch information resulting with a standard records management system. FRMS
promotes communication and sharing of fire records among the entities that
participate.
Oakland County MAN/WAN "OAKNET" means the Metropolitan Area
Network/Wide Area Network called OAKNET which is operated by the County. The
OAKNET links the CVT and the County allowing each to input and access FRMS
Data.
2.9. City, Village. Township ("CVT") means the Charter Township of Plymouth, a
Municipal and Constitutional Corporation including, but not limited to, its Council.
Board, any and all of its departments, its divisions, elected and appointed officials,
directors, board members, council members, commissioners, authorities, committees,
employees, agents, subcontractors, volunteers, and/or any such persons' successors.
3. COUNTY 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. The County shall provide the CVT with the media for the installation of the software
required to run FRMS.
3.2. The County shall use its best efforts to address failures of the FRMS 24 hours a day, 7
daYs a week; failures include problems with the FRMS server, and OAKNET.
3.3. FR.MS failures on workstations that are integrated into the CVI Local Area Network
must -he reported to the Local System Administrator and CVT technical support must
make a good faith effort to diagnose such failures before the County is contacted. In
the event the County's assistance is needed, the CVT technical support must be
available to assist the County to resolve such failure.
Page 2
3.4, The County shall provide training to the Local Systems Administrator or their
designee concerning FRM.S. It will be the responsibility of the Local System
Administrator or their designee to train any additional individuals within the CVT and
the Charter Township of Plymouth Fire Department with regards to FR.MS .
3.5. The County shall monitor and audit the CVT's compliance with .FRMS security
requirements set forth by the FCC. The County may conduct on-site data audits
and/or inspections at the CVT to monitor such compliance. The monitoring and
auditing of FRMS and OAKNET shall be performed periodically at the discretion of
the County, observing CVT policies regarding on-site visit coordination and
scheduling.
3.6. If the County receives a Freedom of Information Act ("MIA") request or a subpoena
regarding information that the CVT entered into FRMS, the CVT will be contacted as
soon as possible and the FOR or subpoena will be sent to Oakland County
Corporation Counsel. The CUT will be forwarded a copy of the FOIA or subpoena and
the County's response as soon as possible. The County may disseminate any data
contained on FRMS to any third party, unless prohibited by law.
3.7. With respect to the performance of this Agreement, the County has the authority to
prioritize its resources, including but not limited to, employees, agents, subcontractors,
and equipment and determine when services will be provided.
4. CVT RESPONSIBILITIES.
4.1. The CVT shall provide and is solely responsible for the costs associated with the
personal computer and printer for the Software to run FRMS. The personal computer
must meet the minimum hardware specifications identified by Oakland County
CLEM1S. The personal computers must also have Microsoft Word and Excel.
4.2. The CVT is responsible for all initial, re-occurring, and maintenance costs associated
with connecting from the fire station to the OAKNET demarc point, as designated by
the County, including, but not limited to, circuits, routers, switches, and any related
equipment.
4.3. The head of the Charter Township of Plymouth Fire Department shall designate at
least one person employed by the CVT to act as the Local System Administrator for
FRMS. It is advised that an additional individual is named as a "backup" local system
administrator. The Local System Administrator will act as a liaison between the CVT
and the County and will be the first point of contact for the CUT regarding MIMS.
The Administrator's duties shall include, but not be limited to, the following: (1)
identifying FRMS training needs; (2) scheduling FR:MS training; (3) FRiviS
application training; (4) monitoring use of FRMS applications with respect to security
issues; (5) act as a point of contact or facilitator for security audits conducted by the
County; and (6) assist in the implementation of new programs.
4.4. The Local System Administrator or their designee shall participate in FRMS training
when requested and provided by the County. The CVT shall pay for all costs
associated with training not provided by the County. The Local System Administrator
shall receive reasonable advanced notice of the FRMS training.
Page 3
4.5. The CVT shall fully cooperate with the County concerning the County's services
under this Agreement.
4,6. The CVT may disseminate data that it entered into FRMS to any third party, unless
prohibited by law.
4.7. The CVT is solely responsible for entering data into FRMS for its jurisdiction.
4.8. The CVT shall solely ensure that the data entered into F.R.M.S is accurate and complete.
Accurate and complete means that the data does not contain erroneous information,
and/or that the CVT shall immediately correct erroneous information upon discovery
of any error. To ensure accurate and complete data, the CVT shall conduct regular and
systematic audits to minimize the possibility of recording and storing inaccurate or
incomplete data. The CVT shall correct or purge inaccurate or incomplete data.
4.9. The CVT shall provide the County access to its facilities for periodic inspection and
service of FRMS, observing CVT policies regarding on-site visit coordination and
scheduling.
4.10. The CVT shall be responsible for ail costs associated with moving such
equipment. The CVT shall be responsible for all costs associated with changing,
modifying, or moving FRMS connectivity. This section shall not apply if the
County requests that the CVT move equipment provided under this Agreement or
requests that the CVT change, modify, or move FRMS connectivity.
FIRE GOVERNANCE COMMiTTEE RESPONSIBILITIES
5.1. The FCC shall provide direction, counsel and recommendations concerning the
operation of FRMS.
FINANCIAL RESPONSIBILITIES.
6.1. FRMS Fees. The following fees are established for Fiscal Year 2011-2012. The fees
are reviewed by the FCC on an annual basis. The CVT shall pay the following fees: a
one-time cost of $2,800.00 per fire station for the FRMS software license. in addition,
the CVT shall pay annual participation fees to the County. In 2011, the fees are: (1.)
$568.00 per fire station for FRMS software maintenance, and (2) $4,902.00 for the
First station participating in FRMS and $1,401.00 for each additional fire station.
6.2. The County shall submit a quarterly invoice to the CVT in a manner prescribed by the
County itemizing all amounts due under this Agreement. The CVT shall pay the
invoice submitted to the County thirty (30) days after receipt of the invoice.
6.3. Except as provided in this Agreement, the County or CVT is not responsible for any
cost, fee, fine or penalty incurred by the other party in connection with this
Agreement.
6.4. CVT Failure to Pay:
6,4.1. The County shall have the right to charge up to the then-maximum legal interest
on any unpaid amount. Interest charges shall be in addition to any other
amounts due to County under this Agreement. • Interest charges shall be
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
Page 4
6.4.2. Nothing in this Section shall operate to limit the County's right to pursue or
exercise any other legal rights or remedies under this Agreement against the
CVT to secure payment of amounts due to the County under this Agreement.
The remedies in this Section shall be available to County on an ongoing and
successive basis if the CVT at any time becomes delinquent in its payment.
Notwithstanding any other term and condition in this Agreement, if County
pursues any legal action in any court to secure its payment under this
Agreement, Public Body agrees to pay all costs and expenses, including
attorney fees and court costs, incurred by County in the collection of any
amount owed by Public Body.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. 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.
7.2. This Agreement shall remain in effect until cancelled or terminated by either Party
pursuant to Section 9.
ASSURANCES.
8.1. Each Party shall he responsible for its own acts and the acts of its employees, and
agents, the costs associated with those acts, and the defense of those acts.
8.7. The County is not responsible for any Claims arising directly or indirectly from
inaccurate or incomplete entry of information into FRMS by the cvr, its employees,
or its agents.
8.3, The County is not responsible for any Claims arising directly or indirectly from misuse
of ERMS or the FRMS Software by the CVT, its employees, or its agents,
8.4. Neither the County nor CVT shall be liable for any consequential, incidental, indirect,
or special damages in connection with this Agreement.
9, TERMINATION OR CANCELLATION OF AGREEMENT.
9.1.. Either Party may terminate or cancel this Agreement for any reason upon thirty (30)
days written notice. The effective date for termination or cancellation shall be clearly
stated in the notice.
9.2. Upon termination and cancellation of this Agreement, the TVT has the right to receive
a copy of the data it entered into FRMS.
10. SUSPENSION OF SERVICES. Upon notice to the CVT and the FCC, the County may
immediately suspend this Agreement or the CVT's participation in FRMS, if the CVT has
failed to reasonably comply, within the County's discretion, with federal, state, or local law, or
any requirements contained in this Agreement. Upon notice to the CVT and the FG.C, the
County may immediately disconnect any device that, within the County's discretion, represents
a possible security threat, performance impact, or inappropriate usage of the County network. or
its resources. The right to suspend services is in addition to the right to terminate or cancel this
Agreement contained in Section 9. The County shall not incur penalty, expense, or liability if
services are suspended under this Section.
Page
II NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties,
this Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation, and/or any other
right, in favor of any other person or entity.
12. COMPLIANCE WITH LAWS, Each Party shall comply with all federal, state, and local
statutes, ordinances, regulations, administrative rules, requirements applicable to its activities
performed under this Agreement, and all applicable hardware and software licenses relating to
this Agreement,
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.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the 'term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to perform all its obligations under this Agreement. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental authorization to
the requesting Party.
15. 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.
16. 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, 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.
17. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless
previously agreed to by the Parties and specifically listed herein.
18. DELEGATION/SUBCONTRACT/ASSIGNMENT. The CVT shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the prior
written consent of the County.
19. 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 affect
its right to require strict performance of this Agreement. -
20. SEVERABILTTY. 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.
Page 6
2 I 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.
22. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the person listed below. Notice will be deemed given on the date:
when one of the following first occur: (1) the date of actual receipt; (2) the next business day
when notice is sent express delivery service or personal delivery; or (3) three days after
mailing first class or certified U.S. mail.
22.1. If Notice is set to the County, it shall be addressed and sent to:
Oakland County Department of Information. Technology
Manager of CLEWS Division
1200 North Telegraph Road, Building 449 West
Pontiac, Michigan, 48341
and
Chairperson of the Oakland County Board of Commissioners
1200 North Telegraph
Pontiac, Michigan 48341
if Notice is sent to the CVT, it shall be addressed to:
Charter Township of Plymouth Fire Department
Attention: Fire Chief
9955 N. Haggerty Road
Plymouth M1 48170-4673
27 .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 JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan without
regard to its conflict of law provisions. 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.
24. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed
to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver,
Page 7
DATE: 3 —
DATE: ///d..,, 3,
EXECUTED:
EXECUTED:
EXECUTED
Michael J. Gingell, Jr., gldirpefs'O'n
Oakland CountyBoard of Commissioners
WITNESSED:
or release shall be signed by the same persons who signed the Agreement or other persons as
authorized by the Parties governing body.
25. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or written
Agreements between the Parties. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and complete
this Agreement. The persons signing this Agreement on behalf of each Party have legal authority
to sign this Agreement and bind the Parties to the terms and conditions contained herein.
IN WITNESS WHEREOF, Richard M. Reaume and Nancy Conzelman acknowledge that they
have been authorized by a resolution of the Charter Township of Plymouth Board of Trustees to
execute this Agreement on behalf of the CVT.
IN WITNESS WHEREOF, Michael J. Gingell, Jr., Chairperson, Oakland County Board of
Commissioners, acknowledges that he has been authorized by a resolution of the Oakland County
Board of Commissioners to execute this Agreement on behalf of Oakland County.
DATE: LP 1 3 ,
Page 8
CHARTER TOWNSHIP OF PLYMOUTH
Resolution for the establishment of a
FIRE RECORDS MANAGEMENT 1NTERLOCAL AGREEMENT
Resolution No. 13-04-09-07
Whereas, the Board of Trustees for the Charter Township of Plymouth, desires to
enter into an Interlocal Agreement between Oakland County, a Constitutional and
Municipal Corporation, and the Charter Township of Plymouth, a Michigan public
Municipal Corporation; and
Whereas, pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501 Oakland County and the Charter Township of Plymouth shall enter into an
agreement for the purpose of providing access to the Fire Records Management System;
and
Whereas, the Fire Records Management System is intended to capture and create
fire records from their inception at a 9-1-1 call and continue the record to include
computer aided dispatch information resulting with a standard records management
system; and
Now therefore, be it resolved, the Charter Township of Plymouth Board of
Trustees approves entering into the Interlocal agreement and authorizes the Clerk and the
Supervisor to sign the Fire Records Management interlocal Agreement between Oakland
County and the Charter Township of Plymouth.
Moved by: Trustee Arnold Supported by: Treasurer Edwards
Members Present: Arnold, Conzelman, Curmi , Doroshewitz, Edwards, Kelly, Reaume
Members Absent: None,
Ayes: All
Nays: None
Adopted: Regular Meeting of the Board of Trustees on April 9, 2013
Certification
STATE OF MICHIGAN
COUNTY OF WAYNE
hereby certify that the foregoing is a true copy o
on file in my office,
e above R solution, th original Of which is
7/ '7
Nancy C nzelman, k
Charter Township of Plymouth
Resolution #13150 June 13, 2013
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles,
Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18)
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).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 June 13, 2013,
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 13th day of June, 2013.
Lisa Brown, Oakland County