HomeMy WebLinkAboutResolutions - 2014.01.22 - 21163MISCELLANEOUS RESOLUTION #14009 January 22, 2014
BY: Public Services Committee, William Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — AGREEMENT WITH THE MICHIGAN PUBLIC SAFETY
COMMUNICATION SYSTEM (APSCS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there was a deficiency in the Public Safety Communications
between Oakland County and the Michigan Public Safety Communication System
(MPSCS) due to interoperability; and
WHEREAS M.R. #13124 approved the purchase of a Motorola MCC 7500
console with Homeland Security Grant funding; and
WHEREAS by installing, configuring and utilizing this console at the
Oakland County Sheriff's Office Central Dispatch, all patching and
interoperable communications between all Oakland County public safety
agencies and all MPSCS agencies will be initiated within the dispatch center;
and
WHEREAS the Sheriff has agreed to have the Dispatch Center operate this
console; and
WHEREAS this agreement will be for a period of ten (10) years; and
WHEREAS Corporation Counsel has reviewed and approved the attached
agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the attached agreement between Oakland County, the
Oakland County Sheriff and the Department of Technology, Management and
Budget, Office of the Michigan Public Safety Communications System.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this agreement on behalf
of the County of Oakland.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVISS1COMMITTEE
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PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM
INTEGRATION AGREEMENT WITH
THE OAKLAND COUNTY SHERIFF
(MPSCS Tower Site 2504)
This Michigan Public Safety Communications System Integration Agreement (Agreement) is
entered on , 201 between the State of Michigan (State), by its Department of
Technology, Management and Budget, Office of the Michigan Public Safety Communications
System (MPSCS), whose address is DTMB-MPSCS, P.O. Box 30631, Lansing, Michigan
48909-8131; and the County of Oakland, a Michigan Constitutional and Municipal corporation
through the Oakland County Sheriff, in the capacity of a Michigan Constitutional Officer, whose
address is County Service Center, Bldg. #38E, 1200 North Telegraph, Pontiac, Michigan, 48341-
1044. Oakland County and the Oakland County Sheriff are referred to as the Oakland County
Sheriff Office (Member). In this Agreement the State or the MPSCS; and the Member together
are referred to as the "Parties."
WHEREAS, the MPSCS manages and operates for the State the MPSCS, a statewide public
safety communications system available to governmental agencies that are members of MPSCS;
WHEREAS, the Member is integrating Dispatch Consoles, which will be integrated into the
MPSCS for interoperability; and
WHEREAS, the Parties desire to enter into this Agreement to integrate the Dispatch Consoles
and MPSCS on an interoperable basis to achieve enhanced communications coverage and
performance in the geographic areas covered by each party's system.
THEREFORE, the Parties agree to integrate the Member's Dispatch Consoles and MPSCS
(Collectively "the Network", for interoperable and enhanced communications coverage.
1. DEFINITIONS FOR PURPOSES OF THIS AGREEMENT.
A. Agreement—means this Integration Agreement, including its exhibits,
attachments, renewals, or amendments.
B. Best Efforts—means the contractual obligation of the Parties to meet all the
terms and conditions of this Agreement using every reasonable means available.
C. Communications Equipment—means the MPSCS' or the Member's
communications systems, comprised of towers; electronics equipment, ancillary
equipment, equipment shelters, consoles, dispatch operations, and supporting facilities.
D. Catastrophic Event—means a sudden failure of the Communications Equipment
due to natural, manufacturer's defect, or other man-made force or event.
E. Dispatch Center—means a communication center operated by the Member for
emergency dispatch purposes and integrated into the MPSCS.
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F. Dispatch Consoles—means the Member's Dispatch Consoles operated by the
Member and integrated into the MPSCS.
G. Electronics Equipment—means the Member's Communications Equipment
required for the operation of its Dispatch Consoles and integrated into the MPSCS.
H. Equipment Shelter—means the physical structure that houses the equipment
that supports the operation of the Electronics Equipment.
I. Exhibit—means the attachments to this Agreement, which are incorporated into
this Agreement and specify additional obligations as follows:
1. Exhibit A—means Member's MPSCS Membership Agreement.
2. Exhibit B—means the MPSCS's Additional Terms for Monitoring and
Repair of the Dispatch Consoles' Connectivity.
3. Exhibit C—means the Member's Dispatch Consoles location and MPSCS
tower site used as part of this Integration.
4. Exhibit 1)—Member's Electronic Equipment
J. FCC Licenses—means the radio broadcast licenses issued by the FCC to the
State or the Member, as Licensees.
K. Insurable Event—means events not excluded from insurance coverage under any
insurance maintained by the Member.
L. Interoperability—rneans an essential communication link within public safety
and public service communications systems that permits units from two or more different
entities to interact with one another, and to exchange information according to a
prescribed method in order to achieve predictable results.
M. Member—means the Oakland County Sheriff Office. For purposes of this
Agreement only the County and the Oakland County Sheriff are together referred to as
the Oaldand County Sheriff Office and include their divisions, agencies, offices,
commissions, officers, employees and agents.
N. Monitoring—means the MPS CS actively monitoring the operational readiness of
the Dispatch Consoles integrated into the MPS CS. This monitoring is done by the NCC
and the cost of the monitoring service is invoiced to the Member on a yearly basis.
0. Motorola—means Motorola Inc., the company that designed and constructed the
MPSCS pursuant to its December 8, 1994 contract with the State. Motorola also
designed the Dispatch Consoles pursuant to its contract with the Member.
P. MPSCS—means the Michigan Public Safety Communications System, a
statewide public safety communications system.
Q. 1VIPSCS Membership Agreement—means the agreement between the MPSCS
and the Oakland County Sheriff Department, granting it MPSCS member status. The
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MPSCS Membership Agreement specifies the MPSCS services provided to 1VIPSCS
members and the terms and conditions under which services are provided.
R. MPS CS Standards—means the standards for design, construction, and
performance, as specified in the contract between the State and Motorola; the MPSCS
Emergency Management Plan; the MPSCS Preventative Maintenance Schedule, and the
MPSCS Book of Standards.
S. Network—means the MPSCS and the Dispatch Consoles when working together
to support the integrated radio operations requirements of the Parties.
T. NCC—means the MPSCS Network Communication Center, that controls and
monitors the MPSCS, and will monitor the Network on a 24/7 basis.
U. Radio(s)—means Member's radio users' and MPSCS members' owned control
stations, consolettes, mobile, or portable radios, or any other radio frequency transmitter
interface, and Dispatch Consoles, all of which has a unique identification lumber and is
assigned to, or can be operated, on the MPSCS and Member's Dispatch Consoles.
V. SBA—means the State Building Authority a public body corporate and the owner
of the MPSCS (Phases II, III and V) subject to tax exempt bonds. The SBA leases the
MPSCS Phases II, III and V to the State for the duration of the bonds pursuant to leases
between the State and the SBA (SBA Leases).
W. Seamless Roaming—means the ability of Member's Dispatch Consoles users'
and MPSCS members' Radios to roam through the integrated Systems.
X. Service Provider—means the contractor(s) retained by the Member to maintain
all or a portion of its Communications Equipment.
Y. State—means the State of Michigan, its departments, divisions, agencies, offices,
commissions, officers, employees and agents.
Z. Systems—means the MPSCS and the Member's Dispatch Consoles, each
individually owned and operated by the State and the Member, respectively, and that
together support the Parties' integrated radio operations.
AA. Systems' Grade of Service—means level of busies.
BB. Talkgronp Prioritization Policy—means the MPSCS policy implemented to
assure that at all times there is an appropriate prioritization of use on the Systems so that
public safety users are given priority over general government users at times when either
or both Systems experience an unacceptable level of busies.
CC. Tower(s)—means the communication tower(s) owned by the Member for its
communications purposes.
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DD. Tower Site 2504—means the MPSCS tower at which Member will connect to the
MPSCS infrastructure by fiber to support the integration of the MPSCS and Member's
Dispatch Consoles.
2. CONSIDERATION.
A. In consideration of the mutual covenants and benefits of Interoperability for
MPSCS members, the Parties agree to integrate a certain number of Member's Dispatch
Consoles into the MPSCS, as an MPSCS enhancement, as provided in this Agreement.
Additionally:
1. The MF'SCS, upon 365 days advance written notice to the Member, may
establish or modify a fee for a console connection or monitoring of the console
connection.
2. The Member will reimburse the MPSCS for reasonable fees associated with
MPSCS responding to connectivity outages.
3. The Member will be responsible for the maintenance of the Dispatch Consoles
and fiber connections into Tower Site 2504. If MPSCS' technicians are required to assist
troubleshooting the Network connection at Tower Site 2504, the Member will be charged
the standard MPSCS time and materials rate for labor.
4. If the Member's Service Provider is approved by the MPSCS for unescorted
entrance into Tower Site 2504, that Service Provider may provide the escort for service
personnel under its maintenance agreement with the Member.
3. INITIAL TERM AND RENEWAL TERMS.
A. Term. The initial term of this Agreement is ten years, commencing on its
effective date.
B. Renewal Terms. The Parties may agree to extend this Agreement. In the event MPSCS elects not to extend the Agreement, the Parties will cooperate to restore a level of
service comparable to the level prior to integration of the Member's Dispatch Consoles
into the MPSCS.
4. RELATIONSHIP OF THE PARTIES.
A. This Agreement is not intended to, and shall not constitute, create, or give rise to a
joint venture, partnership or formal business association, organization or relationship of
any kind between the Parties. No employee, agent, or servant of either party shall be
deemed to be an employee, agent or servant of the other.
B. Nothing in this Agreement shall be construed to express, or imply, that either
party assumes any of the other party's obligations as owner of its Communication
Equipment, or in any manner waives governmental immunity.
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5. DISPATCH CONSOLES CONSTRUCTION AND MAINTENANCE
SPECIFICATIONS.
Unless attached as an Exhibit, the following documents are incorporated by reference
into this Agreement.
A. Design/Build Contract. The design/build contracts between the Member and
Motorola that substantially represents the temis, conditions and obligations for the design
and construction of the Dispatch Consoles.
B. The MPSCS Standards. The Dispatch Consoles will be installed in accordance
with established MPSCS standards.
C. Member Electronics Equipment documents.
1. Computer Aided Dispatch Consoles' technical drawings, data, interface, and
technical interface to the MPSCS, prepared by the vendor, and approved by
Motorola and MPSCS.
2. Technical details, drawings and equipment lists of all interfaces to the Dispatch
Consoles including but not limited to control stations, non-MPSCS radios and
base stations, audio patch interfaces for interoperability, recording, instant recall
systems directly or indirectly connected the Dispatch Consoles.
3. The Member's resolution authorizing the execution of this Agreement.
6. COMMUNICATIONS EQUIPMENT REQUIREMENTS.
A. MPSCS Standards. The Member represents that its Electronics Equipment will
meet or exceed MPSCS standards in the MPSCS Book of Standards, and in all respects
the Electronics Equipment shall be compatible with MPSCS' SmartZone and Moscad
equipment, and shall be configured in a manner similar to MPSCS' Communications
Equipment.
B. Portable Radio Coverage. The Member acknowledges and agrees that the
MPSCS makes no representations or makes any guarantees, or other assurances, that the
Systems will enhance portable radio coverage based on the Member's benchmark test
results.
C. Third Party Interference. The Parties acknowledge that actual RF coverage
reliability may become degraded on an intermittent basis, or over time, due to third party
interference beyond the reasonable control of either party. The Parties agree to use their
Best Efforts, working cooperatively, to document, address and eliminate third party
interference through the use of applicable FCC dispute resolution processes.
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D. Integration.
1. Network Use Limitation. The Parties acknowledge that the Dispatch
Consoles and IvrTSCS are for general government communication, including
but not limited to, public safety communication purposes consistent with FCC
licensing requirements.
2. Integration Cost. Each party shall pay its own costs for integration and
separation.
3. System Grade of Service. The Parties acknowledge that the Member's
Dispatch Consoles and MPSCS' communications can be degraded by the
addition of users or Talkgroup traffic exceed the Systems' capabilities and
cause an unacceptable increase to the Grade of Service. Each party agrees to
evaluate prospective users' impact to the MPSCS to avoid overloading. In the
event there is potential for overloading, the Parties shall use their Best Efforts
to determine the required solution. If in order to resolve overloading,
additional infrastructure and components (upgrades) are required to be added
to the MPSCS, the Parties agree that the Member shall provide for the
upgrades at the Member's sole cost.
7. THE MEMBER'S RESPONSIBILITIES.
A. Federal and State Licensing Requirements.
1. The Member shall obtain all appropriate approvals, registrations, permits, or
primary licenses for operation of its Electronics Equipment and frequencies
licensed, from the requisite agencies, including but not limited to, the Federal
Aviation Administration (FAA), the Federal Communications Commission
(FCC), and the Regional Frequency Coordination Committee.
2. The Member shall comply with all applicable pre-construction federal
regulatory environmental requirements necessary to obtain approvals, permits
or licenses as required pursuant to FCC Regulation 47 CFR 1.1301 — 1.1319.
3. Member acknowledges and agrees that it will be solely responsible for the
resolution and correction of any regulatory omission or violation.
B. Decision to Rebuild. In the event of a Catastrophic Event, Member may, at its
sole discretion, build, relocate, change or abandon all or part of its Dispatch Consoles at
its sole cost. Member must issue a written notice to the MPSCS within 30 days of a
Catastrophic Event, summarizing the impact on the Dispatch Consoles and Network.
Within 90 days of the Catastrophic Event, Member must notify the MPSCS of its
decision to either rebuild or abandon all or part of the Dispatch Consoles.
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C. Suitability, Insurance, and Indemnification/Apportionment of Liability.
1. The MPSCS makes no representations as to the suitability of the integrated
Systems for the Member's use or that the MPSCS maintains any insurance to
insure Member, its employees, agents, contractors, subcontractors, or service
providers against any claims, demands, actions, suits, or causes of action, and
judgments, settlements, or recoveries, for bodily injury or property damage
arising out of the condition of the Systems or any other equipment or facilities
operated by the MPSCS or anything contained in this Agreement. The
MPSCS is not obligated under this Agreement to obtain any insurance for
Member's benefit. All insurance coverage provided relative to this Agreement
is primary and non-contributing to any comparable liability insurance
(including self-insurances) carried by the State.
2. Member must maintain insurance during any Term of this Agreement to
protect against claims which may arise out of, or result from its Member's
Dispatch Consoles's operations, under this Agreement as follows:
Member must carry Commercial General Liability coverage. This
coverage must include bodily injury, personal injury, property damage,
and contractual liability subject to limits of not less than $1,000,000
each occurrence and when applicable, $1,000,000 annual aggregate.
Member must have insurance for benefits payable under Michigan's
Workers' Disability Compensation Law, including coverage for bodily
injury, occupational sickness or disease, or death of Member's
employees.
If Member fails to pay any premium for required insurance, or if any
insurer cancels or significantly reduces any required insurance without
the MYSCS' 'written consent, at The MPSCS' s election (but without any
obligation to do so) after MPSCS' has given Member at least 30 days
prior written notice, the MPSCS may pay such premium or procure
similar insurance coverage from another company or companies and
Member must pay the entire cost upon the MPSCS' demand.
iv. Member's compliance with the insurance requirements will not relieve
Member of its obligations under this Agreement.
v. Member must provide insurance from an insurance company or
municipal self-insurance -organization authorized to do business in the
State of Michigan.
vi. Notwithstanding any other provision in this Agreement, Member, a
qualified self-insurer in the State of Michigan, may meet the
requirements in this Section by a program of self-insurance.
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vii. Insurance Certificates.
a. Member must provide The MPSCS within 30 calendar days
following the effective date of this Agreement and every year after while
this Agreement is in effect, certificate(s) of insurance verifying liability
coverage and listing the State of Michigan, its departments, divisions,
agencies, offices, commissions, officers, employees and agents as
additional insured.
b. The insurance certificate(s) must provide that the policies of
insurance will not be modified, cancelled, or allowed to expire without
first giving 30 days prior written notice to The MPSCS.
3. Indemnification/Apportionment of Liability. The Parties acknowledge that
each is legally precluded from indemnifying the other against any
liabilities arising out of this Agreement, or activities which occur on the
Premises. Each party shall be solely and entirely responsible for its acts
and the acts of its employees, agents, servants, contractors, subcontractors,
and volunteers during the performance of this Agreement. Liability for
any losses, liabilities, penalties, fines, damages, and claims (including
taxes), and all related costs and expenses (including reasonable attorneys'
fees and disbursements and costs of investigation, litigation, settlement,
judgments, interest and penalties), arising from or in connection with any
claim, demand, action, citation or legal proceeding arising out of or
resulting from activities on the premises shall be determined in accordance
with applicable law.
i. Member agrees that every contract entered into for the performance of
this Agreement will contain an contractor indemnification provision,
requiring the Member's contractors' to indemnify the State, its
departments, divisions, agencies, offices, commissions, officers,
employees and agents. Member must provide the MPSCS with a copy of
the contract evidencing this requirement prior to the contractor(s)
commencing work relating to this Agreement.
ii Member's contractor(s) indemnification obligations shall survive the
termination of this Agreement.
D. Radio Interference. Neither the State nor Member shall do anything in the
operation of its system that would cause any unreasonable interference with the other
Parties system, Network, or Communications Equipment.
E. Relocation of Communications Equipment. Member shall not relocate its
Communications Equipment unless such relocation will be conducive to the overall
effective operation of the Network and approved by the MPSCS.
F. Approved Software and Programming. Only MPSCS approved software may
be installed on the Electronics Equipment, Network equipment or other interconnected
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devices. A written request shall be submitted to the MPSCS and approved by the
MPSCS prior to any requested changes in Electronics Equipment programming,
hardware, software, programming or other functions of the System. No Talkgroups may
be added or deleted from the Electronics Equipment without the prior written approval of
the MPS CS.
G. Interconnecting the Electronics Equipment to other Networks or Equipment.
The Electronics Equipment shall not be wired or wirelessly interconnected to any
external equipment, networks or other facilities without the MPSCS' prior written
approval.
IL Security. The Electronics Equipment shall be installed in a secure location
limiting access to only personnel approved by the Member. The Member shall limit its
activity to the normal use and maintenance of the Electronics Equipment and
immediately associated Network equipment. The Member does not have permission to
access any other parts of the MPSCS network, databases or other systems integrated into
the MPSCS. The passwords provided for the operation of the Electronics Equipment
shall remain secured within the Member's organization. If passwords or accounts are
breached as a result of the Member's employees or representatives, the Member will be
responsible for any costs associated with the remediation of the security breach.
I. Dispatch Consoles and Radios. Member is responsible for maintenance of the
Dispatch Consoles and Member's Radios. The Member shall use its Best Efforts to
maintain its users' equipment to MPSCS and manufacturer specifications. Member shall
encourage all Member's users to submit written MPSCS system Radio Trouble Reports
to the person or persons coordinating radio communications within Oakland County on
forms provided by the MPSCS. Member shall investigate and to the extent feasible,
provide solutions in response to its users' Radio Trouble Reports. Member shall
periodically report to the MPSCS on the status and disposition of its users' Radio Trouble
Reports. In the event, Member determines that the Radio Trouble Report is related to the
MPSCS and not the Member's users' Radios; it shall immediately forward the Radio
Trouble Report to the NCC for remedial action or resolution.
J. NCC, Member shall use the NCC as its single point of contact regarding the
operation of the MPSCS. Member shall use the NCC to monitor the integrated
infrastructure connectivity.
K. Tower Site 2504. The MPSCS gives permission to Member to install and utilize
Member's Communication Equipment in Tower Site 2504's Equipment Shelter for the
Network during any Term of this Agreement. Member is responsible for the maintenance
of Member's Communications Equipment connectivity at Tower Site 2504. If Member
requests the MPSCS support services, payment to the MPSCS must be made as provided
in Exhibit B.• Nothing in this Agreement is to be construed that Member is granted a
license or other property interest in Tower Site 2504.
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8. THE MPSCS' RESPONSIBILITIES.
A. Communications Equipment Maintenance. The MPSCS agrees to monitor the
Dispatch Consoles' connectivity on behalf of the Member in accordance with the terms
provided in Exhibit B. The MPSCS shall notify the Member, through the Member's
designated person, of any Communications Equipment scheduled or emergency service
requirement affecting the Systems' Grade of Service.
B. MPSCS Management and Operations. The MPSCS shall manage, monitor,
and keep the MPSCS' Communications Equipment in good working condition. The
MPSCS shall provide preventative maintenance in accordance with the MPSCS
Preventative Maintenance Schedule and respond to Systems' outages pursuant to the
MPSCS Emergency Plan.
C. Upgrade and Enhancements Costs to the MPSCS Platform, An MPSCS
upgrade that negatively affects the Network that supports the integrated radio operations
requirements of the Parties will be totally at the expense of the State conditional on the
allocation of funds from the State Legislature. Network enhancements may be covered
by the State on the allocation of funds from the State Legislature, or at the Member's
expense if it agrees to purchase the enhancement and associated costs.
D. Decision to Rebuild. Subject to the SBA Leases, in the event of a Catastrophic
Event,.the MPSCS shall have the sole option and responsibility, to build or abandon all or
part of the MPSCS at its sole cost, subject to the allocation of funds from the State
Legislature authorizing the expenditure. The MPSCS shall provide a written notice to the
Member within 30 days of such event, summarizing the impact to the MPSCS and
Network. Within 90 days of a Catastrophic Event the MPSCS shall notify the Member of
its decision to either rebuild or abandon all or part of MPSCS. In the event the MPSCS
elects not to rebuild, the Parties will cooperate to request the FCC to assign to the
Member FCC Licenses with sufficient 800 MHz channels to permit the continued
operation of the Dispatch Consoles at a comparable Grade of Service as the Member
enjoyed prior to integration of the Dispatch Consoles into the MPSCS.
E. Electronics Equipment Consoles Interruptions. The IVIPSCS shall use is Best
Efforts to manage the Systems so as to not disrupt the Member's services operations. In
the event that non-emergency repairs, upgrades, modifications, or enhancements to the
Communications Equipment require temporary shutdown of MPSCS' and/or Electronics
Equipment, the MPSCS shall provide the Member with 24 hours advance notice via the
NCC.
F. Regulatory Requirements. The MPSCS may obtain and maintain all
appropriate RF licenses for operation of the Communications Equipment.
9. NONDISCRIMINATION.
In the performance of this Agreement, Member agrees not to discriminate against any
employee or applicant for employment, with respect to his or her hire, tenure, terms,
conditions or privileges of employment, or any matter directly or indirectly related to
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employment, because of race, color, religion, national origin, age, sex, height, weight,
marital status, or physical or mental disability. Member further agrees that every
subcontract entered into for the performance of this Agreement will contain a provision
requiring non-discrimination in employment, as specified here, binding upon each
Subcontractor. This covenant is required under the Elliott-Larsen Civil Rights Act, 1976
PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976
PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a
material breach of this Agreement.
10. UNFAIR LABOR PRACTICE.
The State may void this Agreement, if the Member or any of its contractors,
subcontractors, manufactures, or suppliers appear in the register compiled pursuant to
1980 PA 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair Labor Practices Act).
11. TERMINATION.
A. Notice. Either party may terminate this Agreement for any reason by giving the other party 30 months written notice of its intent to terminate this Agreement.
B. Best Efforts. In the event of termination each party shall have the obligation to
use its Best Efforts to reasonably assist the other party to separate the Systems into
independent systems during the 30 month notice period, but shall have no obligation to
pay any costs, fees, compensation or damages of any kind to the other party resulting
from the termination.
C. Terminated Obligations. Upon termination of this Agreement by either party,
any obligations of the other party for maintenance and/or repair services or upgrades shall
be terminated at such time that the Parties' systems become operationally independent of
each other, or at the end of the 30 months termination period whichever occurs first.
12. NOTICES.
All written notices required under this Agreement shall be delivered by U.S. certified
mail, return receipt requested. All notices will be sent to the Parties as follows:
To: The Member
13. FORCE MAJEURE.
To: The MPSCS
4000 Collins Road
P.O. Box 30631
Lansing, MI 48909-8131
Attn: Director MPSCS
The time of performing any duty or obligation of the State or the Member must be
extended for the period during which performance was delayed or impeded by reason of
riots, insurrections, war, fire, casualty, earthquake, acts of nature, governmental action or
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other reasons of a like nature not the fault or, in the ease of governmental action, not
reasonably within the control of the party required to perform such duty or obligation.
14. GOVERNING LAW.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Michigan.
15. AMENDMENTS.
This Agreement may not be amended except by a written agreement of the Parties.
16. NO WAIVER OF DEFAULT.
The failure of a party to insist upon strict adherence to any term of this Agreement shall
not be considered a waiver, or deprive the party of the right to later insist on the strict
adherence to that term of the Agreement.
17. ENTIRE AGREEMENT AND ORDER OF PRIORITY.
The Integration Agreement and MPSCS Membership Agreement (together the
"Agreements"), represent the entire agreement between the Parties and supersede all
proposals, prior agreements (oral or written), and all other communications between the
Parties relating to matters covered in the Agreements. The Agreements shall be read to
be consistent with one another. However, if there is a conflict between the terms of the
Agreements the terms of the Integration Agreement shall take precedence.
18. EFFECTIVE DATE.
This Agreement's effective date is the date it is signed by the MPSCS.
19. HEADINGS.
Section headings in this Agreement are for convenience and shall not be used to construe
or interpret the scope or intent of this Agreement or in any way affect the same.
20. SEVERANCE.
If any provision of this Agreement, or its application to any person or circumstance, shall
to any extent be invalid or unenforceable, the remainder of the Agreement shall not be
affected and shall remain valid and enforceable.
21. AGREEMENT NEGOTIATION.
This Agreement has been negotiated by both Parties and should not be construed against
either party as "drafter."
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22. INVALIDITY.
In the event any provision of the Agreement is found to be invalid or unenforceable, such
Ending must not affect the invalidity enforceability of the remaining provisions of this
Agreement. The failure of either party to insist upon strict performance of any of the
terms or conditions of this Agreement or to exercise any of its rights under the
Agreement must not waive such rights and such Party must have the right to enforce such
rights at any time and take such action as may be lawful and authorized under this
Agreement, either in law or in equity.
The duly authorized representatives of the Parties approved and executed this Agreement on the
date below each signature.
SIGNATURE PAGES FOLLO W
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COUNTY OF OAKLAND
By: Michael J. Gingen, Chairperson
Oakland County Board of Commissioners
Date:
The Resolution approving this Agreement is attached.
OAKLAND COUNTY SHERIFF,
IN THE CAPACITY OF A MICHIGAN
CONSTITUTIONAL OFFICER
By: Michael J Bouchard, Oakland County Sheriff
Date:
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STATE OF MICHIGAN:
Department of Technology, Management, and Budget
By: Bradley A. Stoddard, Director MPSCS
Date:
2013-0036555-A1Oakland County Sheriff Console Integration Agreement / Agreernent/11-15-13
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EXHIBIT A
MEMBER'S 1VIPSCS NIEMBERSIIIP AGREEMENT
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EXHIBIT B
The MPSCS' ADDITIONAL TERMS AND PAYMENT SCHEDULE FOR MONITORING
AND REPAIR OF THE DISPATCH CONSOLES' CONNECTIVITY
Commencing on the beneficial use of the Dispatch Consoles System;
A. Consistent with the Integration Agreement, Member retains the MPSCS to monitor,
Member's Network connection into the MPSCS at MPSCS Tower Site 2504.
B. The MPSCS' Services will be compensated as follows:
I. Member will reimburse the MPSCS for the actual costs of Spare Parts, Materials, and
Supplies used in the repair and maintenance of the Dispatch Consoles interface into the MPSCS.
2. Member will reimburse the MPSCS for its labor costs related to Service Providers' or
manufacturers' warranty service.
3. Member will reimburse The MPSCS for its labor costs related to the MPSCS provided
maintenance and repair of the Member's Network interconnection to the MPSCS.
4. Member will be billed in arrears for Member's share of the proportionate time and
materials costs related to MPSCS' labor or maintenance of Member's Dispatch Consoles.
5. Member will submit payment for the MPSCS' services, within 30 days from the MPSCS'
invoice date. Invoices not paid within 90 days of the invoice date will be referred to the MPSCS
Director for review. Non-payment is a material breach of this Agreement; cause for termination
of the MPSCS' services, and termination of this Agreement.
6. Payments shall be directed to the MPSCS at the address shown in Section 12 of the
Agreement and shall be made payable to the State of Michigan.
17
EXHIBIT C
COMMUNICATIONS TOWERS INTEGRATED INTO THE MiPSCS
Oakland Dispatch Center
Site # Name Site Type Address
1201 Dispatch Dispatch 1200 N. Telegraph Rd., Pontiac, MI 48241
MPSCS Tower
Site # Name Site Type Address
2504 Northville Zone Master 42145 Seven Mile Rd., Northville, MI 48167
Is
EXHIBIT D
ELECTRONICS EQUIPMENT INSTALLED BY MEMBER
IDENTIFIED BY PART NUMBER, DESCRIPTION AND SERIAL NUMBER
OAKLAND COUNTY MCC7500 CONSOLE EQUIPMENT LIST
Segment Cit Nomenclature Item Description
License 1 SQM01SUM0200 MASTER SITE UPGRADE MODEL
License 1 CA00996AJ ADD: NM/ZC LICENSE KEY 7.11
License 1 CA00997AJ ADD: UCS LICENSE KEY 7,11
License 1 CA01225A8 ENH: MCC 7500 CONSOLE LICENSES (QTY
Console 1 T72312 Z400 MID TIER WITH WINDOWS 7 (64-BI
Console 1 0DN9979 SYMANTEC ENDPOINT PROTECTION V11.0
Console 1 DS019BLK 19" LCD, BLACK, NON-TOUCH
Console 1 L3225A CERTIFIED KEYBOARD FOR RSD SERVERS
Console 1 L3226A CERTIFIED OPTICAL WHEEL MOUSE FOR R
Console 1 B1933 MOTOROLA VOICE PROCESSOR MODULE
Console 1 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN
Console I CA01642AA ADD: MCC 7600 BASIC CONSOLE FUNCTIO
Console 1 CA01643AA ADD: MCC 7500 TRUNKING OPERATION LI
Console 1 CA00147AF ADD: MCC 7500 SECURE OPERATION
Console 1 CA00143AC ADD: DES-OFB ALGORITHM
Console 2 B1912 MCC SERIES DESKTOP SPEAKER
Console 2 B1913 MCC SERIES HEADSET JACK
Console 1 B1914 MCC SERIES DESKTOP GOOSENECK MICROP
Console 1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
Network 1 CVN6565 SPARE CABINET ASTRO 7.9 & BEYOND
Network 4 BLN6200 AC POWER STRIP, 6 OUTLET
Network 1 DSOP820B PDU, 120V HARDWIRE (8) 20A OUTLET P
Network 1 DS1101378 RACK MT ADAPTER PLATE, 19 IN FOR DS
Network 3 0ON9748 19 INCH BLACK SHELF
Network 1 CLN1836 2610-24 ETHERNET SWITCH
Network I T7038 GCP 8000 SITE CONTROLLER
Network 1 CA00303AA ADD: QTY (1) SITE CONTROLLER
Network 1 X153AW ADD: RACK MOUNT HARDWARE
Network 1 CA01136AA ADD: MCC 7500 CONVEN SITE OPER
Network 1 U752A3 INTERNAL OPTION
Network 1 X899AE INC: PACKING,FIELD INSTALL
Network 1 CA00291AA INTERNAL OPTION
Network 1 CA01165AA INTERNAL OPTION
Network 1 SQM01SUM0205 GGM 8000 GATEWAY
19
Network 1 CA01616AA ADD: AC POWER
Network 1 CA01617AA ADD: ENCRYPTION (7.9 OR 7A 1)
Network 1 CA01618AA ADD: CONV CHAN GATEWAY
Network 3 SQMO1SUM0205 GGM 8000 GATEWAY
Network 3 CA01616AA ADD: AC POWER
Network 3 CA01618AA ADD: CONV CHAN GATEWAY
Network 1 6406066M02 PANEL PUNCH BLOCK
Spares 1 TT2312 Z400 MID TIER WITH WINDOWS 7 (64-BI
Spares 1 DS019BLK 19" LCD, BLACK, NON-TOUCH
Spares 1 31934 MCC 7500 VOICE PROCESSOR MODULE FRU
Spares I CA00147AF ADD: MCC 7500 SECURE OPERATION
Spares 1 CA00143AC ADD: DES-OFB ALGORITHM
Spares 1 30009351001 DC CABLE ASSY
Spares 1 61912 MCC SERIES DESKTOP SPEAKER
Spares 1 61913 MCC SERIES HEADSET JACK
Spares 1 61914 MCC SERIES DESKTOP GOOSENECK MICROP
Spares 1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
Spares 1 CLN1836 2610-24 ETHERNET SWITCH
Spares 1 T7038 GCP 8000 SITE CONTROLLER
Spares 1 CA00303AA . ADD: QTY (1) SITE CONTROLLER
Spares 1 X153AW ADD: RACK MOUNT HARDWARE
Spares 1 CA01136AA ADD: MCC 7500 CONVEN SITE OPER
Spares 1 U752A3 INTERNAL OPTION
Spares 1 X899AE INC: PACKING,FIELD INSTALL
Spares 1 CA00291AA INTERNAL OPTION
Spares 1 CA01155AA INTERNAL OPTION
Spares 1 SQMO1SUM0205 GGM 8000 GATEWAY
Spares 1 CA01616AA ADD: AC POWER
Spares I CA01617AA ADD: ENCRYPTION (7.9 OR 7.11)
Spares 1 CA01618AA ADD: CONV CHAN GATEWAY
Spares 1 SQMO1SUM0205 GGM 8000 GATEWAY
Spares 1 CA01616AA ADD: AC POWER
Spares 1 CA01618AA ADD: CONV CHAN GATEWAY
Spares 1 01009513001 PWR SPLY 108W AC INP 12VDC OUT W18
20
Resolution #14009 January 22, 2014
Moved by Spisz supported by Hatchett the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles,
Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted.
_ _
HEigiYi4P-15-Fiaik4 RESOLUTION]
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.56M (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 January 22,
2014, 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 22 'd day of January 2014.
-
Lisa Brown. Oakland County