HomeMy WebLinkAboutResolutions - 2016.12.08 - 22695MISCELLANEOUS RESOLUTION 1116323 December 8, 2016
BY: Finance Committee, Tom Middleton, Chairperson
RE: INFORMATION TECHNOLOGY — AGREEMENT WITH THE STATE OF MICHIGAN TO PROVIDE
NETWORK TRANSPORT SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies, Gentlemen:
WHEREAS the State of Michigan Department of Technology, Management and Budget (DTMB) desires
to implement a broadband network to provide more efficient services for the people of Michigan by
increasing capacity while reducing costs; and
WHEREAS the State of Michigan has employees located in Oakland County office locations; and
WHEREAS Oakland County has available network capacity to provide network transport services to the
State of Michigan's employees located in County office locations; and
WHEREAS the State of Michigan will reimburse the County for costs associated with providing the
network transport services; and
WHEREAS this arrangement will ease administration and reduce break-fix time through simplification of
design and replacement of legacy technology; and
WHEREAS this arrangement will improve reliability for Oakland County Departments and CLEMIS
Participating Agencies working with State of Michigan resources; and
WHEREAS this arrangement will improve security for Oakland County Departments and CLEMIS
Participating Agencies consuming State services; and
WHEREAS the services provided by the County will reduce costs for constituents; and
WHEREAS the State of Michigan and Oakland County, Michigan desire to establish a Network Services
Interagency Agreement; and
WHEREAS the State of Michigan will pay a fee of $5.21 per mile per month to Oakland County for the
use of the County's fiber to connect the State employees located in Oakland County offices; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
Network Transport Services Interagency Agreement between the State of Michigan and Oakland County,
Michigan.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of
this agreement.
BE IT FURTHER RESOLVED that the County's Board of Commissioners hereby approves the State of
Michigan to pay a fee of $5.21 per mile per month to Oakland County.
BE IT FURTHER RESOLVED that a FY 2017-19 budget amendment is recommended as follows:
Information Technology Fund
Revenues
63600-1080101-152000-635017 Outside Agencies
63600-1080101-152000-665882 Planned Use of Balance
Total Revenues
FY2017 - FY2019
$2,438
($2,438)
$ 0
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 with Crawford and Quarles absent.
Network Transport Services Interagency Agreement
Between
State of Michigan and Oakland County, Michigan
WHEREAS, the State of Michigan (State), by the Department of Technology,
Management & Budget (DTMB) and the County of Oakland, Local Public Entity (LPE) enter
into this agreement (Agreement) under the Urban Cooperation Act, MCL 124.501, et seq.; —
WHEREAS, DTMB desires to implement a broadband network to provide more efficient
services for the people of Michigan by increasing capacity while reducing costs.
WHEREAS, the LPE has excess broadband capacity or fiber optic cable (Designated
Network Transport or "DNT") and is willing to enter an agreement with DTMB.
WHEREAS, the parties have designed the details of the DTMB/LPE interconnection to
be implemented by this Agreement.
THEREFORE, for the consideration specified, the parties agree:
I. GENERAL.
a. purpose, The purpose of this Agreement is to utilize the LPE's excess capacity on
the DNT in order to improve the efficiency of the State's broadband network.
Implementing this Agreement will lower the overall cost for the State and the LPE
while increasing bandwidth and maximizing the use of public resources.
Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements, whether written or oral, with respect to
the specific DTMB/LPE interconnection set forth in Exhibit A. All exhibits
referenced in this Agreement are incorporated in their entirety and form part of this
Agreement.
II. AGREEMENT MANAGEMENT.
a. Contact Information. All contact information for the management of this
Agreement is identified in Exhibit A. All changes to a party's contact information
must be submitted in writing to the other party.
b. Agreement Manager. The Agreement Manager for each party identified in Exhibit
A is the primary contact for all communications and billings for the performance of
this Agreement. The Agreement Managers are responsible for the daily performance
and technical oversight of this Agreement on behalf of the parties.
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III. RELATIONSHIP AND DUTIES OF PARTIES.
a. Relationship of the Parties. The relationship between DTMB and the LPE is that of
client and independent contractor. No agent, employee, or servant of the LPE, or any
of its subcontractors, is an employee, agent or servant of DTMB. Nor is any agent,
employee, servant of the DTMB, or any of its subcontractors, an employee, agent or
servant of LPE. Each party will be solely and entirely responsible for its acts and the
acts of its agents, employees, servants, and subcontractors during the performance of
the Agreement. This Agreement does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, or other legal right, privilege,
power, obligation, duty, or immunity of either Party.
b. Local Public Entity Responsibilities.
1. The LPE shall allow DTMB to use the DNT as identified in Exhibit A.
2. The LPE will maintain and repair the LPE'S DNT identified in Exhibit A.
3. DTMB is granted access as specified in Exhibit A.
4. The LPE maintains a plan self-insurance on the DNT identified in Exhibit A
including fiber in the DTMB access area.
5. The LPE will maintain all rights, licenses, permits, authorizations, rights of way,
easements and other agreements (the "underlying rights"), which are necessary in
order for DTMB to operate the State's network over the LPE's DNT. The State is
solely responsible for all costs of the State's network, which is not on the LPE's
DNT. In the event an underlying right expires or terminates, the LPE will use
commercially reasonable efforts to renew or replace the underlying right.
6. The LPE must keep the DNT free of any rights or claims or liens by any third
party. DTMB shall not do anything that could cause a claim or lien by a third
party on the physical fiber.
7. The LPE will use its best efforts to notify DTMB of scheduled maintenance or
repairs for the LPE's DNT within five (5) business days of the scheduled
maintenance or repairs. The LPE shall use its best efforts to notify DTMB of
maintenance or repairs that are required by an emergency or casualty.
DTMB Responsibilities.
1. DTMB may use the DNT as identified in Exhibit A. The LPE will not place any
restriction on such use. DTMB may use the DNT for any purpose consistent with
state law.
2. DT1VIB will own, operate, and maintain all equipment and related components it
connects to the LPE's DNT.
3. DTMB will connect to the LPE DNT at the LPE's point of presence, at the
locations specified in Exhibit A, Network Diagram and Descriptions.
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IV. FIBER REPAIR OR RELOCATION.
a. If the DNT is damaged by a third party, LPE will pay for any fiber repair and
relocation costs and will invoice DTMB for its share of these costs based on the
number of fiber strands allocated to DTMB as a percentage of the number of strands
in the LPE fiber bundle. DTMB shall pay such invoice within 30 calendar days, In
the event of damage to the DNT by a third party and to the extent that the LPE
recovers the costs, in whole or in part, from a third party, such recovery shall be
shared with the DTMB in proportion to the division of the costs of the repair or
relocation and the amount paid by DTMB as provided in this paragraph.
b. If the DNT is damaged by the LPE, the LPE will pay for any fiber repair and
relocation costs.
c. If the DNT is damaged by the DTMB or DTMB's contractors or subcontractors, the
DTMB will pay for any fiber repair and relocation costs.
V. PAYMENT. DTMB will pay the amounts/monies listed in Exhibit B to the LPE for use
of the DNT. The Parties acknowledge that payments due to LPE under this Agreement
shall be retroact back to November 13, 2015, because DTMB was fully using the DNT on
that date. If DTMB fails to pay the amounts/monies listed in Exhibit B when due, LPE
may set off these amounts/monies against any other amounts the LPE owes the DTMB.
DTMB may not pay amounts due under this Agreement by reducing or increasing
amounts/monies due to LPE under other agreements or contracts.
VI. TERMINATION.
a. Either party may terminate this Agreement without cause by providing one hundred
twenty (120) days notice to the other party.
b. In the event of a breach of a material term of this Agreement, the non-breaching party
may terminate this Agreement upon thirty (30) days notice and opportunity to cure to
the other party.
c. In the event of termination, the parties will work together to make the transition to an
alternative network in a manner causing the least disruption to existing DTMB
services.
VII. MISCELLANEOUS.
a) The parties must agree upon the scheduling of the performance of any maintenance
that would affect network access for DTMB as provided in Exhibit A.
b) Immediately upon execution of this document, DTMB will begin work to complete
the extension of the DTMB network to the LPE's network as specified in Exhibit A.
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c) The parties may meet annually to review the operation of the network
interconnections and other topics related to this Agreement. DTMB will schedule and
host the meeting. This Agreement may be amended with the mutual consent of the
parties. Amendments to the terms of this Agreement are not valid unless they are in
writing and are signed by an individual authorized to amend the agreement.
The undersigned represent that they are authorized to execute this Agreement. A copy of
the authorizing resolution must accompany this Agreement.
Local Public Entity
County of Oakland
By:
Michael S. Gingen, Chairperson
Oakland County Board of Commissioners
Date:
Witness:
Signature Date
State of Michigan, Department of
Technology, Management, & Budget
ii
Signature
DIWA \i\h \50n btfeCA-0(
Print Name and Title
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Exhibit A
Network Diagram and Description
Contact Information
DTMB Agreement Manager
David Wilson, Director, Network and Telecommunications Services
Department of Technology Management and Budget
Hannah Building
608 West Allegan St
Lansing MI 48933
517-241-7552
Wi1sonD7Michigan.gov
NETWORK SUPPORT
CLIENT SERVICE CENTER 800-968-2644
LPE Agreement Manager
Guy Compton, Chief Technical Services and Networking
Oakland County, Michigan
1200 N. Telegraph Road
Bldg. 49 West
Pontiac, ME 48341-0421
248-975-9677
comntonga,oak2ov.com
NETWORK SUPPORT
CLIENT SERVICE CENTER 248-858-8812
Fiber Right to Use (IRU) — Fiber IRU Path.
The LPE grants to DTMB an IRU for two strands of single mode fiber or equivalent technology
in the following routes as defined below:
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Fiber From Network
to
SITE NAME Full Street Address CITY ZIP COUNTY Site ID Distance of
Fiber porn 11 In
mlio.
(Wend County Gov 1
200 Telegraph 49W,
Pontiac. MI 48341
LGN FRS OAKLAND POINTE
OFFICE
230 ELIZABETH LAKE
RD.
PONTIAC 49634 OAKLAND 13,1421 3
Oakland County Gov 1
=Telegraph 49W,
Pontiac, Ml 48341
DOC FRS OAKLAND
AREA/PONTIAC
PROBATION
1200 N. TELEGRAPH
RD. bid 26E
PONTIAC 48341 OAKLAND 11-1232 1
Oakland County Gov 1
200 Telegraph 49W,
Pontiac. MI 46341
DOC FRS ROYAL OAK
PROBATION
1151 CROOKS RD. TROY 48084 OAKLAND 11-1230 35
Network to
' „
SITE NAME Full Street Address CITY ZIP Distance of
Fiber from
IT in miles Available fiber
LGN FRS OAKLAND
POINTE OFFICE
230 ELIZABETH
LAKE RD,
PONTIAC 49684
3 miles yes
DOG FRS OAKLAND
AREA/PONTIAC
PROBATION
1200 N.
TELEGRAPH RD.
PONTIAC 48341
1 yes
DOC ASE PONTIAC
PAROLE
2001 CENTERPOINT
PKWY
PONTIAC 48340
0 no
LGN FRS OAKLAND
COUNTY
1200 N.
TELEGRAPH RD.
PONTIAC 48053
I yes
LGN FRS OAKLAND
COUNTY DISPATCH
(NEW T-1)
1200 N.
TELEGRAPH RD.
PONTIAC 48053
1 yes
LGN FRS OAKLAND
COUNTY LGNET
1201 N.
TELEGRAPH
PONTIAC 48341
1 yes
LGN FRS PUBLIC SAFETY 26000 EVERGREEN
RD.
SOUTHFIEL
0
48075
54 yes
DOC FRS ROYAL OAK
PROBATION
1151 CROOKS RD. TROY 48084
35 yes
'
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Interconnection Security Agreements
All parties involved with providing network accessibility under this Agreement will abide
by all State of Michigan security protocols in place as of the date of this Agreement.
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Exhibit B
Pricing
Recurring Cob: DTMB shall pay $5.21 per mile per month for use of the DNT. LPE shall
invoice DTMB quarterly, in advance, for these costs. DTMB shall pay this invoice within forty-
five (45) days of receipt.
Non-Recurring Costs: Except as otherwise stated in Section IV, DTMB is not responsible for
any non-recurring costs associated.
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Resolution #16323 December 8, 2016
Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, Crawford. (19)
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).
GERALD D. POISSON
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 December 8,
2016, 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 e day of December, 2016.
Lisa Brown, Oakland County