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HomeMy WebLinkAboutResolutions - 2020.08.20 - 33593MISCELLANEOUS RESOLUTION #20330 August 20, 2020 BY. Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: INFORMATION TECHNOLOGY — REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT AMENDMENTS AND LEASE AGREEMENT AMENDMENTS WITH CERTAIN GOVERNMENTAL ENTITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen. WHEREAS for over a decade the County has operated and maintained an interoperable public safety radio communications system for the benefit of its residents on behalf of and for local law enforcement, fire services, emergency medical services, hospitals, homeland security and other public safety services; and WHEREAS the County constructed, operates, and maintains this public safety radio communications system with funds from the County 9-1-1 charge (fee) on devices, as permitted by and defined in the Emergency 9-1-1 Service Enabling Act, Michigan Public Act 32 of 1986, MCL §484.1101 at seq , as amended (the "Act'); and WHEREAS the operation and maintenance of the existing public safety radio system required the County to locate equipment on various towers and property throughout the County, including towers and property owned by numerous governmental entities; and WHEREAS the Oakland County Board of Commissioners approved the execution of Construction License and Lease Agreements and Lease Agreements with numerous governmental entities, including the following. 1. Bloomfield Township (MR#04114) 2. Commerce Township (MR#04284) 3 City of Farmington Hills (MR#03242) 4. Groveland Township (MR #04032) 5. Lyon Township (MR#05089) 6 Village of Milford (MR#03296) 7. Oakland Community College (MR#04372) 8. Oakland Township (MR#05110) 9. Orion Township (MR#05116) 10. City of South Lyon (MR#04174); and WHEREAS because the current public safety radio system is nearing its end of useable life, a replacement system was competitively bid, evaluated by a team of public safety users and County administrators, and awarded to Motorola, for a standards-based P-25 trunked radio system, which will be integrated with the Michigan Public Safety Communications System (MPSCS); and WHEREAS the replacement system will be utilized by public safety and other users in and around Oakland County; and WHEREAS the replacement system design requires continued use of the following tower and property sites owned by: 1. Bloomfield Township 2. Commerce Township 3. City of Farmington Hills 4. Groveland Township 5. Lyon Township 6. Village of Milford 7. Oakland Community College 8 Oakland Township 9. Orion Township 10. City of South Lyon; and WHEREAS the Departments of Information Technology and Corporation Counsel have drafted, reviewed, and approved the attached amendment to be executed with the above -listed governmental entities, and WHEREAS the Department of Information Technology recommends entering into amendments to facilitate continued use of the towers/property for the replacement system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached amendment and authorizes and directs the Chairperson of the Board to execute the amendment with the above - listed governmental entities BE IT FURTHER RESOLVED that the Chairperson is authorized to execute all documents associated with and to effectuate the attached amendment with the above -listed governmental entities. BE IT FURTHER RESOLVED that all agreement and amendments thereof associated with the Radio System shall be kept by Radio Communication in the Department of Information Technology. BE IT FURTHER RESOLVED a budget amendment is not required Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing resolution. "Ll2R On Commissioner Helaine Zacktrs ict #18 Chairperson, Finance and Infrastructure Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote AMENDMENT NO. [INSERT NUMBER[ CONSTRUCTION LICENSE AND LEASE AGREEMENT BETWEEN OAKLAND COUNTY AND [INSERT MUNICIPALITYI This Amendment [INSERT NUMBERS to the Construction License and Lease Agreement ("Amendment") is entered into this day of , 2020, by the County of Oakland, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, MI 48341, acting by and through its Department of Information Technology ("County"), and [INSERT MUNICIPALITY & ADDRESS] ("Municipality"). The County and the Municipality are collectively the "Parties." INTRODUCTION A. The Parties entered into a Construction License and Tease Agreement on [INSERT DATE] ("Agreement"). A Memorandum regarding the Agreement was recorded on [INSERT DATE AND LIBER AND PAGE NUMBER]. B. The Parties now desire to continue and extend the Agreement as provided for in Section [INSERT SECTION NUMBER] of the Agreement. C. The County is installing a new county -wide public safety radio system, expected to be integrated into the Michigan Public Safety Radio Communications System, which requires switching to a Motorola system and adding new equipment to the tower and equipment shelter. D. In consideration of the mutual covenants contained in this Amendment No. 1, the Parties agree to amend the Agreement as follows. AMENDMENT 1. The terms and conditions of the Introduction are adopted in their entirely. 2. The term of the Agreement is continued and extended to December 31, 2037. 3. The legal description of the property involved ("Site") is attached hereto as EXHIBIT A. 4. The County's proposed improvements to the tower and equipment shelter at the Site are set forth in plans referenced, attached, and incorporated herein as EXHIBIT B. 5. The plans set forth in Exhibit B control the County's activities at the Site and supersede any inconsistencies with the original exhibit, but otherwise supplement the original Exhibit B to the Agreement. 6. A Memorandum regarding this Amendment shall be prepared, signed by the Parties, and recorded with the Oakland County Register of Deeds. 7. The County will at its sole expense and liability add the new and additional equipment to the tower and equipment shelter at the Site as set forth in the attached Exhibit B to this Amendment. Page I of 8. Any and all other teens and conditions set forth in the Agreement shall remain in full force and effect and shall not be modified, diminished, or otherwise changed or altered by (his Amendment, except as otherwise expressly provided herein. (INSERT MUNICIPALITY], a Municipal Corporation By: [INSERT NAME] Its: [INSERT TITLE] The foregoing instrument was acknowledged before me on this day of , 2020, by , Notary Public Oakland County, Michigan My Commission Expires: Acting in Oakland County, Michigan COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation M David T. Woodward, Chairperson Oakland County Board of Commissioners The foregoing instrument was acknowledged before me on this _ day of , 2020, by Notary Public Oakland County, Michigan My Commission Expires: Acting in Oakland County, Michigan Page 2 of 2 Resolution #20330 August 20, 2020 Moved by Quarles seconded by Kowall the resolutions on the amended Consent Agenda be adopted. AYES: Hoffman, Jackson, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. 04 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 August 20, 2020, 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 Circuit Court at Pontiac, Michigan this 20th day of August, 2020. Lisa B�Oakland County