HomeMy WebLinkAboutResolutions - 2003.10.02 - 27310MISCELLANEOUS RESOLUTION # 03277 October 2, 2093
By: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS
UNIT - INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE
STATE OF MICHIGAN FOR USE OF PORTABLE RADIOS
To the Oakland County Board of Commissioners,
Chairperson, Ladies and Gentlemen:
WHEREAS, from time to time, the Michigan State Police (MSP) and Oakland County's
Emergency Response and Preparedness Unit (ERP) would be required to communicate during
emergencies; and
WHEREAS, the present Oakland County (Motorola) radio communications system (an
analog system) does riot easily interoperate with the MSP (Motorola) radio communications
system (a digital system); and
WHEREAS, the interim solution recommended by the MSP is to provide three MSP
digital radios (presently, one is on site) at no cost to the County; and
WHEREAS, the County's future radio communications system will have the capability to
interoperate with the MSP system; and
WI IEREAS, the State, Oakland County and a number of cities, villages and townships,
along with M/A COM (the County's radio communications system vendor) have embarked on a
pilot program to test the feasibility of providing interoperability at the earliest possible operation
of the County's new system; and
WHEREAS, the MSP is requesting that the County enter into the attached interlocal
agreement for the radios in question; and
WHEREAS, the County and MSP may from time to time adjust the number of radios
used by ERP; and
WHEREAS. the attached interlocal agreement may be used as a basis for additional
radios, if any, that may be required to satisfy the interoperability needs between the County and
the State.
NOW THEREFORE BE IT RESOLVED that the attached Michigan Public Safety
Communications System Membership Agreement (Agreement) is approved with the following
modifications:
• Section IV, Part A - removal of "Activation and Membership Fees - section of the
Agreement.
* Section IV, Part B removal of the "Invoicing and Payment - section of the Agreement.
NOW THEREFORE BE IT FURTHER. RESOLVED that the Board of Commissioners
authorizes the Chairperson of the Board to sign the Agreement, as amended.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
Public Services Committee Vote:
Motion carried unanimously on a roil call vote.
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PUBLIVSERVICES COMMItTEE
• ... . •
Michigan's Puolic Safet . C.ommuni cations Systein!
Michigan Department 0i-information Technology
400C Coliins Road - 2 5 Jv" ;
c:
Phone (57)136-6623
P.O. Box 30631
Lansing, Michigan 48909-813
Ia.x: (517)336-6222 1j7,1rvii,v,.,nips.es.aom •.
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MICHIGAN'S PUBLIC SAFETY COMMUNICATIONS SYSTEM (MPSCS)
MEMBERSHIP AGREEMENT
This Mernhershir Agreement ("Agreement") is entered into by and between /...-.1.•?$
__Stile "Member"). whose address is . • -
, and the State of Michigan., by the !Michigan Department of Information Technology (the 'DIY).
whose address is, DIT Michigan's Public Safety Communications System, 4000 Collins Road, P.O. Box
30631, Lansing, Michigan 48909-811.
PURPOSE
Michigan's Public Safety Communications System (MPSCS) is a rrolti-site dedicated public safety
wireless communications system providing, among other things, 97% all-weather mobile coverage to its
Members. Member benefits and services in.clude, but are not limited to, an 800 MHz FM signa,
multiple system redundancies with backup powei-, a wide range of talKgroups, auto affiliation and de-
affiliation, electronic identification on all transmissions, 99% microwave system reliability, encryption
availability, emergency alert availab iity, private calling availability, system' security, radio interoperabiliry,
24-Iicur a day system management, and Member radio use training.
H. DEFINITIONS
A. Membership Agreement - means the agieement entered into between DIT end the Member. The
agreement sets forth the IMPSCS services provided to the Member and the terms and conditions
under which thc services are provided,
B. Criminal Justice Information System (CAS) - includes the Law Enforcement Information
Network (LEIN) and the Automated Fingerprint Identification System .,'AFIS). CRS is governed
by the CJIS Pclicy Counci!,
C. DIT - means the Michigan Department of lnformatico Technoiilgy, which operates MPSCS on
behalf of its Members.
D. Emu-pricy Alarm - means a MPSCS feature, which when ena'eled, alio -ws a Member to transrrdi
an emergency alarm.
Member - means a public safety agency, including but not limited to a general government
agency (.1ceal, state, or fectcrar,, its authorized employees, personnel (paid ardor volunteer), and
its service provider, participating in and using MPSCS under a Membership Agreement,
F. Michigan's Public Safety Communications System (MPSCS) - means the State-owned and
operated statewide public radio communications network available to public saftty agencies that
become Members.
G. MPSCS State Advisory Hoard means an advisory pan6 of participating Members, which
makes recommemiations and advises DIT on the orderly operation of MPSCS.
H. MP -- means the Michigan Department cfState Police, which performs customer sen,;(re
functions behalf of MPSCS Members in conjunction with DIT.
1. Network Communications Center (NCC) means the operation and communications cente:,
which menages the MPSCS system,
J, Non-Proprietary Talkgroup means a talkgroup assigned to a nichi-agency operation : such as ii
ecntriti dispatch. A non-proprictary talb.group is noT member-exciusive and is cooperatively
snared by participating Members.
K. Proprietary Talkgroup — means an exclusive ta;kgroup assigned to just one particular i'vlember.
L. Radio — means either a control station, consnlette, mobile or portable radio, which has a unique
identification numbe7- and is assigned to the MPSCS.
M. Radio 'Programming Unit (RPU) - means the DIT work unit responsible for assignment of
identification mnnbers, Template programming and reprogramming, all database (fleetrnapping)
maintenance, and assignment cif talkgroups within MPSCS.
N, State of :Michigan — means the owner of MPSCS.
0. System Management — means the responsibility residing in DIT as the MPSCS operator cm
behai of all MPSCS Members to:
assign radio use priorities;
2. manage larggroups n] assure appropria:c use of MPSCS:
3. set s:andards for the selection and supervision of MPSCS personnel;
4. enforce guidelines, procedures, and protccols governing the operation of radios on MPSCS;
generate and use statistical data and reports concerning Members' talkgroups ; call duration,
cali types, busy 5grwis, and other data analyses and reports; and
6_ enforce termination of the Membership Agreement when a Member's conduct or actions
cause sysion:atic andfor continuous MPSCS operation problems_
P. Talkgroup — means a unique group of radio users that communicate with one another,
Q. Template — means thc software programmed in a radio which controls the radio's functions and
communication capabilities.
MPSCS COMMUNICATIONS SERVICES
A. Needs Assessment — The RP-1...! will work with and prepare a Needs Assessment for the Member
based on The Nlemlicr's current am.' ongoing communication needs and priorities: TempHte
programming by the RPt. will commence once the Member approves the Needs Assessment, a
Request for Communication Services is received by DIT, and the Member has paid Its Activation
Fee's).
B. Radio Programming, and Support Services- The R_PUprepares the primary template for each
radio. The KT will correct any template programming error(s) attributable to the IZPU. A
Member may request one primary template change per Member per year at no additional charge.
The RP12 shail provide the Member with emergency or planned activation of special event
talkgreavps as requested by the Member at no additional charge.
C. System Management —DT is responsible for the selec:ion of MPSCS personnel, operation,
upgrades. and enhancements, :management, maintenance of MT'SCS, and the services provided
under this Membership Agreement.
0. Training — A Member's employees and other personnel will receive forrna MPSCS radio user
traintne and if requested by the Member, "train the trainer" training as part of MPSCS ongoing
operation resFansibitities. Requests for -training will be scheduled an a first come first serve basis,
except for emergency requests, which wii be processed or. a priority basis. All training is
scheduled through the DIT KO MHz Training/9-1-1 Section, with classes being conducted by
IvlSP Training Sergeants,
E. NCC Services - The NCC. operates 24 hours. every day. The NCC, upon request of the Member,
provkies radio checks for uricspnnsive radios, inhibits lost or stolen radios, and provides
communications trooblesUoting. Service requests are received by the N CC via telephone E
333-505C. or (SS8) 554 ,4622. The NC'.:C maintains an activity log of all requests received by
Members and exc.epi for emergencies, responds to the requests in the order they are rec6ved.
F. MPSCS Mobile Radio Coverage — MPSCS provides 97% tested mobile radio communication
coveraue to the Member subject to the Member's compliance with DIT recommended optimal
performanee standards for txpipment, antenna installation, and maintenance. If the Member
defects possible ?vIPSCS network infrastructure malfunctions or radio communication coverage
loss below that provided in the Mcrat:ship Agreement, the Member sh.o.ulc3 first contact its
sr-'ice CT maintenance provider for tin evaluation of the Troblern. If the service pi-cyider
determines the problem is not an equipment installation or maintenance problem, the Member
should promptly notify the NC.C. The NCC will promptly invcsfgate and take appropriate
correct:ye action to alleviate the coverage loss or network infrastrucmre malfunction, and report
the corrective action to the Member
G. MPSCS Portable Radio Coverage - Portable radio coverage is not guaranteed and will vary
to locaticri: The Member is ene:urasecl to conduct its own portable radiz
communications coverage test to determine the expected coverage level in its geographic
Jurisdiction. The 800 -1 Section will provide the staff and equipment necessary to assist
the Member in conducting coverage testing.
H. Emergency' Alarm Availability— If the Member possesses a 24-hour dispatch center capab:c of
receiving control data associated with all its talkgroups and the Member can verify to DIT that it
has the capacity' to morinor and supervise the Emergency Alert feature, this feature is available to
the Member at no additional charge. The Member needs to be aware that it must obtain, at the
Member- s expense, a license to operate its Radio Control Manager (RCM) from its equipment
vendor_ Neither the NCC MSP Regional Dispatch Centers can seri,e as back up for
monitoring Emergency Alerts if the Member chooses this feature.
Private CallingAsailabilitv — A Member may choose to avail itself of Private Calling, Private
callin4 permits properly programmed mobile and portable radios in a ialkgroup to enter into :ne-
on-one conversations. Only the initiating and target radio(s) are able to communicate with each
other. Private calling can tie-up MPSCS system resources_ Consequently, a determination of the
need and pcnentia] impact on the system will he made when the Needs Assessment is prepared for
the Member.
J. MPSCS Electronic and Infrastructure Maintenance - NrPSCS provides complete monitoring,
inspection, and maintenanc'e programs for all MPSCS tower sites and system infrastructure,
Utiltaing MP2, r, enterprise asset manaizernent tool, MPSCS staff is able to systematically
identify system service needs, failure trends, and spare parts inventory. MPSCS staff and its
certified vendors prov de high quality proactive system repair and maintenance, extending the life
and performance cit'MPSCS for the direct benefit of all Members.
K. MPSCS System Redundancy and Security - MPSCS provides a system redundancy called fault
tolerance. Witt: fault to.erance, a single point faiiure will generally no: result in negative system
wide performance. Many redundant and backup systems within MPSCS virtually eliminate
complete system failure. Several levels of survivability are available. In the case of a catastrophic
event, the rest of the system will continue to function in a conventional radio communication
manner,
L. NIPSCS Disaster Recos ery Plan — DIT maintains a Disaster Recovery Plan to cover MPSCS
comiminicaiMns services. "Disaster" means any unplanned interruption of cperations, which
materially affects the ability of MPSCS to provide communication services to a Member. The
Disaster Recovery Plan provides for an alternate source of electrical power for uninterrupted
service, separate computer resources and back-up equipment, and inventory sufficient to provide
communication services to its Members. The Disaster Recovery Plan also contains a protocol for
detemirnation or declaration of a Disaster and an escalation procedure for dealing with a Disaster,
if one is declared.
M, MPSCS Performance Standards and Monitoring — MPSCS utilizes automated performance
standards aim automated diagnostics, which arc monitored 24 hours a day, every day System
management is maintaintid at the NCC, MSP Regional Dispatch Centers and zone controllers on a
daily casis: MPSCS staff adhere to stringent quality standards of installation and maintenance
through scheduled automated testing of all sites, monitoring of -Iv:ember satisfaction on a regular
basis, traci:ing of Member problems and service requests, monitoring of scheduled and
unscheduled system downtime, ovcrsight of system traffic. performance, drive testing cif entire
system, collection and analysis of empirical data, and planned system upgrades and enhancements.
MPSCS Upgrades and Enhancements - "Upgrades" arc changes made to MPSCS to assure
compliunce Or ro improve upon previously existing features and operations of MPSCS. Upgrades
are previcieel to a:I Members at no additional charge. "Enhancements" are modifications made to
MPSCS services or systems that add functizins or ei-Itures nct originalty part of MPSCS or the
se:vices requested by the. Member. Erfaancements may necessitate an adjustment in all Members
fees.
IV. MEMBERSHIP OBLIGATIONS
A. Activation and Member Fees - The Member wilt pay a one-time Activation Fee of
radio and a Subscriber Fee of S200.00 for each radio per year. Inerealts..astilltirtrtIFEes in
.Activation and Subscriber Fees may be made. auhe._disere.--13•—of NT, following review.- and
comment by the 4,i/ESC;33.t-Ate-A-cbet..orct. 90-day advance written notice of all fee changes
ii2;',s",17p-PdAilitrd-10 all Members.
B. lnvoiOng and Payment - The Activation Fee is payable upon apiroval of the lf_lesr.s.rsIment
a is payable 30 days
from the invoice date. Invoices not paid within 90 days pi..thr-rriöiee date will be referred to the
MPSCS State Advisory Board for review_ ,Attez-retrie-w of any outstanding invoices, the Board
may make a recommendation timt...-Dri---MPscs Director to terminate services for non-payment
of Member fees. Pa.y.taierrrarall fees should be directed to Michigan Department of Information
Techools_v4,Migan's Public Safety Communications System, Support Services Section a: the
_shown in Section IX:
C. Member Radio Equipment - The Member may only use MPS-CS-approved radio equipment. A
list of acceptable radio equipment is attached to the Membership Agreement. This list will be
updated from time to time and will be made available to the Member.
D. Radio Maintenance and Repair - The Member is responsit le for proper rnaintenanee and repair
of its ridio eitpripmenf, 'This assures that the Member's radios are in optimal operating order and
will not have an adverse impact on other Members' use of MPSCS. The Member's maintenance
agreement with its service provider and the service provider's credentials will need to be reviewed
by DIT to assure the service provider understands and can comply with MPSCS standards,
guiclelideS, Inc. protocols arid is -qualified" to service trte Member's radio equipment.
E. NO Personal Business - No personal business may be conducted or, MPSCS by the Member, its
employees, or authorized ;dgeriLS, including volunteers and the Member's service provider.
F. Compliance with Federal and State Laws - The Member will comply with all current and future
Federa! Communications Commission laws, rules, and regulations, and all Michigan Public
Service Commission law, rules, and regulations, and Public Act 32 of 1986, as amended, as these
relate le consolidated puhlic safety dispatching.
G. Compliance with NIPSCS Guidelines, Procedures, and Protocols - The Member will conipiy
with all MPSCS guidelines, procedures, and protocols governing the operation and use of MPSCS.
The Member veil. comply with all advisories andor recommendations of the MPSCS State
Advisory Board, including but not linlited Le recommendations and AdViCe on the collection of
deltriquam acem,:ints an thc termination of scaNices that to slich delinquencies_ Copies of these
recommendotions and advisories shall be provided to the Member upon adoption by the MPSCS
State Advisory Board. The Member will comply with all guidelines, pucedures, and protocols
established by the CIIS Policy Ccuneil.
H.. System Management - The Member will comply with DIT System Management in order TO
assure the safe and efficient operation of MPSCS for all Members.
Trained Personnel - The Member will not permit any employee cr other personnel. including
volunteers, to use MPSCS until such iriclividual(s, have received MPSCS radio user training_
J. Member Liaison Officer - The Member will appoint one of its employees to serve as its Liaison
Officer. The Liaison Officer will be responsible for authorization oltemplate modifications,
coordination of new radios onto MPSCS, providine flecunapping data to the RPU for record
keeping purposes, identifying Member personnel authorized access to LEIN and AFIS, providing
after hour- emergency telephone numbers, and attending Member group meetings and MPSCS
Advisory Board meetings necessary for the safe and efficient operation of MPSCS.
K. Corrective Action - In order to protect the integrity, security, safety, and efficient operation of
MPSCS for all its Members, the Member will take appropriate corrective action against any of its
4
employees wlio violate IvIPSCS guidelines, procedares, i pro:pools including those set out in is
Memberstip Agreement
L. Abuse of Member Privileges Repeated \ lohnion of MPSCS guidelines, procedures, protocols,
or violation of the Membership Agreement may result in termination of the Membership
Agreement subject to the review and recommendation of the MPS CS State Advisory Board to the
LirF MPSCS Director. A decision by the MPSCS Director iF final and non-appealable.
RELATIONSHIP MANAGEMENT/DISPUTE RESOLUTION
A, Relationship Manager — Each party to this Membetship Agreement will designate a member of
its senior management staff who will be personalny involved in the operational aspects of the
relationship between DIT an the Member. The relationship managers will meet regularly to
discuss relationship strategics affecting both panics. summariie current activities, performance
results, st:TvieC requests, errcr cnrreetions, dispute resolutions, as well as planned aztivlties. These
meetings will follow a predefined agenda focusing on performance of MPSCS for the Member,
B. Dispute Resolution — If any issue of MPSCS non-performance arises under this Agreement, the
parties mace to resolve the issue at the lowest management level of each party. In the event the
issue remains unrcsoNcd, the parties agree to flu -riediately escalate the iSSUe to the Relationship
Managers for their consideration. The Relationship Managers will consider the deiztls of the non-
perfornianc-e issue, assess whether there have been past issues of non-performance, determine how
long the nor-performance has been continuing, determine the seriousness of the non-performance,
and recotiate, in good faith, a mutually agreeable solution. In the event the Relationship
Managers cannot agree on a solution, the non-performance issue shall be directed to the DIT
MPSCS Director who will consult with and seek advice front the MPSCS State Advisory Board
on resolution of the non-performance issue: During the dispute resolution process the Member
shal/ centirue to pay membership fees A decision by the MPSCS Director is final and non-
appealable.
VI. MPSCS STATE ADVISORY BOARD
An Advisory Board comprised of 15 Members acts as an advisory panel to DIT: The MPSCS State
Advisory Board it, charged with responsibility for review and recommendations regardin2. Member fees
including non-payment of fees, future MPSCS system features and enhancements, review and advice on
cilstomer service col-11011ms, non-performance Mlles alld potential Member termination because of abuse
of Member privileges andlor non-payment of Member fees.
VII. DURATION, CANCELLATION & TERMINATION OF MEMBERSHIP
Membership in the MPSCS will remain in effect until canceled or terminated by either party upon 90 days
written notice to eithet party. Subject to review and reccrnmendation by the MPSCS State Advisory Board
to the DIT MPSCS Director, thc Membership Agreement may be terminated by NT for violation(s) of the
terms and conditions of the Membership Agreement upon 30 days written notice lathe Member. A
decision of the MPSCS Ditectcir is non-appealable.
VIII. 'TERMINATION ASSISTANCE
If this Membership Aereement is canceled or terminated for any reason. DIT will provide all reasonab:e
assistance reaucsted cv the Member to allow for the orderly transfer of services to the Member Cf its
designee for up to six (6) additionai months at no additional cost to the Member. If termination services are
not needed by the Member, Dn. will ma.xe a pro rata rebate of Member fees for the current year
IX. MISCELLANEOUS
A. 'Waiver -- The failure of ?. party to insist upon strict adherence to any term of this Agrec:nem shall
not bc considered a waiver or clerivc the party of the right thereafter to insist upon. the strict
adherence to that term of the Agreement.
Y.
B, Modification — This Agreement may no be modified, amended, extended, or augmented, except
by wiTtter: atnendmerit signed by both the parties.
C. Governing Law — 'This Agreement shall be governed by, and construed in accordance with the
laws of the State of Nitchtgari,
D. Headings — The headings given to the sections and parag:aphs of this Agreement are inserted nnly
for convenience and are in no way to be construed as part of this Agreement or as a iimitation of
the scope of the particular sections or paragraphs to which the heading refer,
E. Independent Contractor Relationship — The relationship between the DIT and trie Member is
tha: of an independent coltra:tor artc.', client. No agent, employee, or servan; of DTI shad, be
deemed to be an employee, agent, or sen,ant of the Member. The Member will be solely and
entirely re5peinsible. fcir its ',Aer;,5 and the acts cyl- its agents, employees, servants, subcooractors, and
voluitcers dtirin the performance of this Agreement.
6
X. NOTICES
All notices gtver under this Membership Agreement, except for emergency service rey3ests, will be made
in writine. Al: notices will be sent to the parti as follows :
MEMBER:
Phone;
Fax -
Number of Radios Purchased:
MPSCS
Michtgah Department of Information Technology
4000 Collins Road
P.O. Box 3003 /
Lansing, MI 489G9-8131
Attention:
L4her party may clortze [heir addresses, which change will be effective seven (7`, days after Lotice of such
change is given.
ThiF. Agreement srial: become effeetil..c or of the date of the last signature.
(Execution of this Aarecrnent by the Member may only be made by a duly authorized representatiNt of the
local unit of government, Authorization to execute binding agreements is usually glven by resolution
adopted hy the legislative body of the local unit of government and is typically given to such offices as the
Chair of the Count), Board, Mayor, Township Superviscr,etcl
li/11011CAN D-E.PARTMEST OF INFCRMATION TECHNOLOU
By:
Paul ID Schuler/.
Director
MPSCS
Dutc(!::
Dr:
Resolution #03277 October 2, 2003
Moved by Wdson supported by Crawford the resolutions on the Consent Agenda, be adopted (with
accompa9ying reports heil-N dccepted).
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack. (23)
NAYS, None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
OMMINNI
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. G. William Caddell. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
October 2, 2003 with the original record thereof now remaining ir my office.
In 1esti-nor-1y Whereof. I have hereunto set my hand and affixed e se
Pontiac, Michigan this 2nd day of October, 2003.
the County of Oakland at
G. William Caddell, County Clerk