HomeMy WebLinkAboutResolutions - 2020.12.07 - 33950MISCELLANEOUS RESOLUTION #20628 December 7, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: INFORMATION TECHNOLOGY — REQUEST FOR APPROVAL OF THE MICHIGAN PUBLIC
SAFETY COMMUNICATIONS SYSTEM MEMORANDUM OF AGREEMENT
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 ("County Radio System"); and
WHEREAS the County constructed, operates, and maintains the existing County Radio System with funds
from the County 9-1-1 charge (fee) on devices, as authorized in the Emergency 9-1-1 Service Enabling Act,
Michigan Public Act 32 of 1986, MCL §484.1101 at seq., as amended; and
WHEREAS the existing County Radio System is at the end of its useable life and is no longer supported by
the vendor; and
WHEREAS 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 with
high standards for coverage and capacity; and
WHEREAS the State of Michigan owns and operates the Michigan Public Safety Communications System
("MPSCS') utilized by public safety users and other users in and around Oakland County; and
WHEREAS it is desirable to develop a limited sharing arrangement between the new County Radio System
and the MPSCS for interoperability with public safety partners and for potential cost savings; and
WHEREAS the CLEMIS Radio Communications Oversight Committee and the CLEMIS Advisory
Committee supported the award of the replacement system to Motorola and the development of a limited
sharing arrangement with MPSCS; and
WHEREAS the development of the limited sharing arrangement requires at least four written agreements
between the State and the County, detailing the respective responsibilities and costs; and
WHEREAS two of these written agreements have previously been approved by the Board of
Commissioners: (1) the Pre -Integration Agreement- Part I, approved in Miscellaneous Resolution #19355
and (2) the Subscriber Agreement, approved in Miscellaneous Resolution #20090; and
WHEREAS the Pre -Integration Agreement was required for the County to conduct a technical review prior
to its integration into the MPSCS; and
WHEREAS the Subscriber Agreement was required for the County to join the MPSCS; and
WHEREAS the attached Memorandum of Agreement ("MOK) will address fees for the use of the MPSCS;
and
WHEREAS the State assesses one-time initial radio activation fees (per radio) and paging talkgroup
activation fees (per talkgroup) ("Subscriber Fees') to join the MPSCS; and
WHEREAS when joining the MPSCS, the State will provide the County credits/setoffs against the
Subscriber Fees in consideration of County investments in the County Radio System and interconnecting
microwave and for the value of County enhancements to the MPSCS; and
WHEREAS these credits, in the amount of $1,719,341.00, are set forth and codified in the attached MOA;
and
WHEREAS the Departments of Information Technology and Corporation Counsel have reviewed and
approved the attached MOA; and
WHEREAS the Department of Information Technology recommends executing the attached MOA.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached MOA with the State and authorizes and directs the Chairperson of the Board to execute the MOA.
BE IT FURTHER RESOLVED that the Chairperson is authorized to execute all documents associated with
and to effectuate the attached MOA with the State.
BE IT FURTHER RESOLVED that all agreements and amendments thereof associated with the County
Radio System shall be kept by Radio Communication in the Department of Information Technology.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
r
Commissioner Helaine Zack District #18
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried on a roll call vote with Long absent.
MICHIGAN'S PUBLIC SAFETY COMMUNICATIONS
SYSTEM MEMORANDUM OF AGREEMENT WITH
COUNTY OF OAKLAND
This Memorandum of Agreement is entered between the State of Michigan, by its
Department of Technology, Management, and Budget (DTMB-MPSCS) and the
County of Oakland (Member), together "the Parties."
I. STATEMENT OF PURPOSE.
The DTMB-MPSCS manages and operates for the State of Michigan the Michigan's
Public Safety Communications System (MPSCS), a statewide public safety
communications system.
Member is implementing an 700/800 MHz Simulcast radio communications system
and Dispatch Consoles System, by acquiring new equipment for existing
communications facilities which will be integrated into the MPSCS for
interoperability ("Oakland County Simulcast System").
The purpose of this Memorandum of Agreement (MOA) is to create a binding
agreement between the Parties regarding the credit and setoff of MPSCS member
subscriber fees, for the enhancements brought to the MPSCS from Member's
investment in the Oakland County Simulcast System and its integration into the
MPSCS.
This MOA amends and supersedes the terms of the MPSCS Pre and Final Integration
Agreements and the MPSCS Member Subscriber Agreement between the Parties
relating exclusively to the payment of MPSCS member's radio initial activation and
pager talkgroup activation fees. The MOA does not affect Member's obligation to pay
for other services as provided by MPSCS. The defined terms in the Pre -Integration
Agreement Part I and the MPSCS Member Subscriber Agreement shall have the
same meaning in this MOA.
Il. MPSCS MEMBER FEES,
The Member's radio initialization and pager talkgroup fees as identified in MPSCS
Policy 1.1.1 are assessed to each radio's initial activation within the MPSCS. The
credits identified within this MOA may only be applied towards the Member's radio
initial activation or paging talkgroup activation fees.
The credits are not eligible for data, maintenance, or monitoring fees.
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III. MEMBER'S CONTRIBUTION.
DTMB-MPSCS acknowledges that the Oakland County Simulcast System, by
providing MPSCS Members Seamless Roaming enhanced MPSCS radio coverage, is
a valuable contribution and enhancement to the MPSCS. The Parties agree to DTMB-
MPSCS's valuation of the Member's contributions and enhancements to the MPSCS,
as fully detailed on the attached Exhibit A, in the amount of $34,386,817.00.
IV. CONSIDERATION.
In consideration of the Member's investment in the Oakland County Simulcast
System and interconnecting microwave and the value of its enhancements to the
MPSCS, DTMB-MPSCS grants the Member a credit and setoff against MPSCS
member subscriber fees, in the amount of $1,719,341.00. The Parties agree that the
value of the Member's enhancements to the MPSCS is good and valuable
consideration for the credit and setoff against the Member's MPSCS member
subscriber fees.
V. CREDITS.
Member may program Radios on the MPSCS and start using the MPSCS member
subscriber fee credits after the MOA's effective date.
VI. TERM.
The term of this MOA shall be for a maximum of ten (10) years after the date of
beneficial use, or when the MPSCS member fees credit is exhausted, whichever occurs
first.
VH. ADDITIONAL INFRASTRUCTURE INVESTMENT.
Additional investment by the Member in the Oakland County Simulcast System,
related to capacity and functionality may result in additional credits to the Member's
MPSCS member subscriber fees. DTMB-MPSCS will evaluate the proposal for the
additional infrastructure investment to determine its value to the MPSCS. In the
event the Parties agree to any additional credits for infrastructure investment, the
Parties will amend this MOA to include the additional credit.
VIII. ACCOUNTING AND ADMINISTRATION.
New Users will apply to the MPSCS to become Members and may access the Oakland
County Simulcast System, subject to system overload evaluation and other
requirements described in the Pre -Integration Agreement Part I. The Member will
determine if the new User will receive any Member's credits, if available, for MPSCS
member subscriber fees.
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MPSCS will maintain an active Radio inventory of the Users that join the MPSCS.
The Radio inventory shall include an accounting of the Member's subscriber fees and
if applicable the corresponding setoff against the Member's MPSCS subscriber fee
credits.
IX. MODIFICATIONS AND TERMINATION.
The Parties may propose modifications to this MOA by providing written notice to
the other. Notices shall include a statement of the proposed modification and the
reason for the modification. Any modification to this MOA shall become effective upon
written approval by both Parties. This MOA is subject to the Termination provisions
in the Pre -Integration Agreement Part I.
X. NOTICES.
All written notices required under this MOA shall be delivered by U.S. certified mail,
return receipt requested. All notices will be sent to the Parties as follows:
To: Member
Oakland County Department of Information Technology
Attention: Director
1200 North Telegraph, Building 49 West
Pontiac, MI 48341
To: DTMB-MPSCS
MPSCS
2nd Floor, Wing A
7150 Harris Drive
Dimondale, MI 48821
Attn: Director MPSCS
Non -certified copies to:
Oakland County Radio Communications
Attention: Supervisor
1200 North Telegraph, Building 16 East
Pontiac, MI 48341
Oakland County Sheriffs Office
1200 North Telegraph, Building 38 East
Pontiac, MI 48341
Oakland County Corporation Counsel
1200 North Telegraph, Building 14 East
Pontiac, MI 48341
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XI. GOVERNING LAW.
This MOA shall be governed by, and construed in accordance with, the laws of the
State of Michigan.
XII. NO WAIVER OF DEFAULT.
The failure of a party to insist upon strict adherence to any term of this MOA 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 MOA.
XIII. ENTIRE AGREEMENT AND ORDER OF PRIORITY.
The Pre and Final Integration Agreements, this MOA, the MPSCS Member
Subscriber Agreement, and the MPSCS Co -location 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 relating to the payment of MPSCS member fees, the terms
of this MOA, shall take precedence, followed by the terms of the Pre and Final
Integration Agreement, with the terms of the MPSCS Member Subscriber Agreement
having the lowest priority. If there is a conflict regarding co -location of Member
Electronic Equipment the terms of the Co -location License Agreement will take
precedence over the Pre and Final Integration Agreement.
XIV. AGREEMENT NEGOTIATION.
This Agreement has been negotiated by both Parties and should not be construed
against either party as "drafter".
XV. HEADINGS.
Section headings in this MOA are for convenience and shall not be used to construe or
interpret the scope or intent of this MOA or in any way affect the same.
XVI. SEVERANCE.
If any provision of this MOA or its application, to any person or circumstance shall to
any extent be invalid or unenforceable, the remainder of the MOA shall not be affected
and shall remain valid and enforceable.
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XVII. EFFECTIVE DATE.
This MOA is effective as of the date of the last signature.
SIGNATURE PAGES FOLLOW
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MEMBER:
County of Oakland
Oakland County Board of Commissioners
By: David T. Woodward
Its: Chairperson
Date:
A copy of the Member's Resolution approving this Agreement and the person
authorized to execute the Agreement is attached.
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STATE OF MICHIGAN:
Department of Technology, Management, and Budget,
Office of the Michigan's Public Safety Communications System
By: Bradley A. Stoddard,
Its: Director MPSCS
Date:
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EXHIBIT A
OAKLAND COUNTY INFRASTRUCTURE CREDITS
Revision Date: 11/6/2019
Eligibli 'Contract infrastructure Credit Calculations
Contract Price w/o Incentives $56,444,881
Contract price w/ Incentives $46,538,893
Contract Infrastructure Cost $38,802,856
Infrastructure Eligible for Credits $31,597,996
Percentage of Incentives Applied to Infrastructure 81.4%
Incentives:
All items as proposed by 6/14/19 w/ op to ship
($13,615,649)
Signed and complete contract By 6/14/19
($340,323)
Incentives Applied to Infrastructure (81.4%):
All items as proposed by 6/14/19 w/ op to ship
($11,087,514)
Signed and complete contract By 6/14/19
($277,132)
Infrastructure Eligible for Credits w/ Incentives
$20,233,349 ,
Eligible Additional Costs Credit Calculations
Reduction of DC Power racks to single rack (Change Order No. 2
($7,9S5)
3 Channel Additions (Change Order No. 3)
$3,000,000
New Backhaul Fiber
$1,410,653
Tower Leases @ $429,077 per year for 10 yrs
$4,290,770
Existing County Built Towers (12 Towers @ $300,000)
$3,600,000
County Owned Connectivity Value (31 Sites @ $500/mo for 10 yrs.)
$1,860,000
Total Additional Costs Eligibi0.for, Credits
$1053,468
Total Eligible for Credits $34,386,817
Credits Allowed 5%
Total'Credits, $1,719,341
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Resolution #20628 December 7, 2020
Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
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I HEREBYAPPROVETHIS 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 December 7,
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 7h day of December, 2020.
Lisa Brown, Oakland County