HomeMy WebLinkAboutReports - 2022.12.08 - 37760
AGENDA ITEM: Contract Mission Critical Partners LLC for Consulting Services
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, December 8, 2022 9:52 AM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Information Technology Gwen Markham
INTRODUCTION AND BACKGROUND
Oakland County has committed almost $60 million to replace the radio system for first responders
and other government entities within the county. The project was awarded to Motorola Inc. in 2019
and is expected to be fully operational in 2024. Due to the complexity of establishing the critical
infrastructure for the radio system, Information Technology requested expert consulting services
from a professional services vendor that was already providing services to the County.
In May of 2014 a Request for Proposals (RFP) was issued for a qualified professional services
vendor to provide consulting services on the 911 ESInet Managed Services. RCC was awarded a
one-year contract in September of 2014 (Contract 004250). Black and Veatch purchased RCC and
the contract (004717) was amended. On February 5, 2020 the contract was amended again as
Black and Veatch sold to Mission Critical Partners LLC, (contract 5938) The contract Not to
Exceed (NTE) amount was increased from $276,339 to $596,339 and the contract expiration date
was extended from 12/31/2019 to 12/31/2022.
Although the original professional services contract was sold twice since the original date of
execution, the engineers assigned to the Oakland County 911 ESInet and Radio projects have
remained the same throughout all contracts. The continuity of the engineers assigned to these
critical projects has been instrumental in the successful implementation and management of our
investment. Having been assigned to these projects since their inception, these engineers fully
understand the complexity of the two projects. The assigned engineers are also very familiar with
all our Public Safety Answering Points, (PSAP/911 Dispatch Centers), CLEMIS and the County’s
procurement process. Both the 911 ESInet project and the Radio project provide critical
communication networks that citizens and first responders rely on during emergency
situations. Changing consultants at this point in either project will have an impact on the projected
timelines and could be detrimental to the overall success of the projects.
Peninsula Fiber Network recently announced a planned expansion of the 911 ESInet which will
have an impact on the County’s network in the future. In 2024 we will issue a RFP for new call
handling equipment in all 19 Public Safety Answering Points (PSAP) in the County. We will require
subject matter expert advice during the procurement process. The engineers assigned to our
current projects are best qualified to assist with these efforts.
The Mission Critical Partners’ subject matter experts assigned to the ESInet and Radio projects
assisted with development of our RFP, evaluation of our proposals, development of the networks,
and have been invaluable during the various design and implementation discussions. As both the
Radio project and the ESInet enhancement projects have a couple years to go, the expertise that
Mission Critical Partners has provided and continues to provide is very important to the success of
these critical projects.
POLICY ANALYSIS
The Mission Critical Partners LLC is an expert consulting firm on the Radio Project and 911
Network. The current contract between Oakland County and Mission Critical Partners LLC expires
on 12/31/2022 and the Departments of Information Technology and Purchasing have negotiated a
3-year extension at an estimated total cost of $430,914. The Purchasing Terms and Conditions
state in Section 2400.6 Duration of Contracts and under Procedure states “The Board of
Commissioners shall approve contracts beyond five years”.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Mike Timm, Director Information Technology timmmr@oakgov.com
ITEM REVIEW TRACKING
Gwen Markham, Created -
AGENDA DEADLINE: 12/08/2022 11:15 AM
COMMITTEE TRACKING
2022-11-30 Finance - Recommend to Board
2022-12-08 Full Board - Approved
ATTACHMENTS
1. FY23 Mission Critical Partners Contract Extensions Schedule A
2. Mission Critical Partners LLC 1
3. Mission Critical Partners LLC Change Order Document
4. Mission Critical Partners LLC
December 8, 2022
RESOLUTION #2022-2306
Contract Mission Critical Partners LLC for Consulting Services
Sponsored By:
Gwen Markham, Commissioner
Chairperson, the Board of Commissioners recommends the following Board action:
Motion to approve the 3-year contract extension with Mission Critical Partners LLC through December
31, 2025 and the transfer in the amount of $430,914 from the General Fund Non-Departmental
Transfers (9090101) Technology Projects-One Time (760180) to the Information Technology Fund
(#63600), further, that the Oakland County Board of Commissioners approves the budget amendment
as detailed in the attached Schedule A document.
Chairperson, the following Commissioners recommend the adoption of the foregoing Board action:
Gwen Markham.
COMMITTEE TRACKING
2022-11-30 Finance - Recommend to Board
2022-12-08 Full Board - Approved
VOTE TRACKING - Board of Commissioners
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Karen Joliat
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, William
Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert
Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. FY23 Mission Critical Partners Contract Extensions Schedule A
2. Mission Critical Partners LLC 1
3. Mission Critical Partners LLC Change Order Document
4. Mission Critical Partners LLC
Oakland County, Michigan
INFORMATON TECHNOLOGY- MISSION CRITICAL PARTNERS CONTRACT EXTENSION
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
E General Fund Non Departmental Transfers FND10100 CCN9090101 SC760180 PRG196030 760000 Technology Projects-One Time $(430,914)
E General Fund Non Departmental FND10100 CCN9010101 SC788001 PRG196030 BFA53600 788001 Transfer Out – IT $430,914
Total Expenditures $-
R Radio FND53600 CCN1080310 RC695500 PRG115150 BFA10100 695500 Transfer In - Gen Fund $430,914
Total Revenue $430,914
E Radio FND53600 CCN1080310 SC731458 PRG115150 730000 Professional Services $430,914
Total Expenses $430,914
Contract 004717
Black and Veatch Corporation
Replaces
Contract 004250
RCC Consultants Inc
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
RLB lnformantion Technology -CLEMIS Event 002966
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER: 004250
Contract Effective Date: 9/15/2014
Contract Expiration Date: 9/30/2015
Contract -NOT TO EXCEED AMOUNT $ 90,000.00
This "Contract" is made between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, hereinafter called "County", and the "Contractor" as further described in the following
Table. In this Contract, either Contractor or the County may also be referred to individually as a "Party"
or jointly as the "Parties".
COUNTY OF OAKLAND
2100 Pontiac Lake Road
Waterford, MI 48328
(herein, the "County")
RCC Consultants Inc
Steven T Apicella
100 Woodbridge Center Dr Ste 201
Woodbridge, NJ 07095-1125
Vendor l.D. No. 19041
(herein the "Contractor")
This Contract is organized and divided into the following "Section" or "Sections" for the convenience of
the Parties.
SECTION 1. CONTRACT DOCUMENTS AND DEFINITIONS
SECTION 2. CONTRACT EFFECTIVE DATE AND TERMINATION
SECTION 3. SCOPE OF CONTRACTOR'S SERVICES
SECTION 4. COUNTY PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES
SECTION 5. CONTRACTOR ASSURANCES AND WARRANTIES
SECTION 6. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
SECTION 7. GENERAL TERMS AND CONDITIONS
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page I
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
In consideration of the mutual promises, obligations, representations, and assurances in this Contract,
the Parties agree to the following:
§1. CONTRACT DOCUMENTS AND DEFINITIONS
The following words and expressions when printed with the first letter capitalized as shown herein,
whether used in the singular or plural, possessive or non-possessive, and/or either within or
without quotation marks, shall be defined and interpreted as follows:
1.1. "County" means the County of Oakland, a Municipal and Constitutional Corporation, its
departments, divisions, authorities, boards, committees, and "County Agent" as defined
below.
1.2. "County Agent" means all elected and appointed officials, directors, board members, council
members, commissioners, employees, volunteers, representatives, and/or any such persons'
successors (whether such person act or acted in their personal representative or official
capacities), and/or any persons acting by, through, under, or in concert with any of them.
"County Agent" shall also include any person who was a "County Agent" anytime during the
term of this Contract but, for any reason, is no longer employed, appointed, or elected and
serving as an Agent.
1.3. "Contract Administrator" or "County Representative" means the individual by the County to
act as a liaison between the County and the Contractor. Any questions or problems the
Contractor may have concerning the work under this Contract should be directed to this
individual.
1.4. "Contract Documents" means the following documents which are included and fully
incorporated into this Contract:
1.4.1 Exhibit I: Contractor Insurance Requirements.
1.4.2 Exhibit II: Scope of Contractor's Servicers.
1.4.3 Exhibit III: Construction Drawings and Specifications. (If Applicable)
1.5. "Contractor Employee" means without limitation, any employees, officers, directors,
members, managers, trustees, volunteers, attorneys, and representatives of Contractor, and
also includes any Contractor licensees, concessionaires, contractors, subcontractors,
independent contractors, contractor's suppliers, subsidiaries, joint ventures or partners,
and/or any such persons, successors or predecessors, employees, (whether such persons act
or acted in their personal, representative or official capacities), and/or any and all persons
acting by, through, under, or in concert with any of the above. "Contractor Employee" shall
also include any person who was a Contractor Employee at anytime during the term of this
contract but, for any reason, is no longer employed, appointed, or elected in that capacity.
1.6. "Subcontractor" includes only those having a direct contact with the Contractor in the way of
labor or materials worked to a special design. One who merely furnishes material to the
Contractor is not included in this definition.
1.7. "Claims" means any alleged losses, claims, complaints, demands for relief or damages, suits,
causes of action, proceedings, judgements, deficiencies, liability, penalties, litigation, costs,
and expenses, including, but not limited to, reimbursement for reasonable attorney fees,
witness fees, court costs, investigation expenses, litigation expenses, amounts paid in
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBF;R 004250
Page2
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by,
or asserted against the county, or for which the county may become legally and/or
contractually obligated to pay or defend against, whether direct, indirect or consequential,
whether based upon any alleged violation of the federal or the state constitution, any federal
or state statute, rule, regulation, or any alleged violation of federal or state common law,
whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened.
1.8. "Day" means any calendar day, which shall begin atl2:00:01 a.m. and end at 11:59:59 p.m.
1.9. "Working Day" means any calendar day except Saturday, Sunday, and County legal
holidays.
1.10. "E-Verify" is an Internet based system operated by the Department of Homeland Security
(DHS) in partnership with the Social Security Administration (SSA) that allows participating
employers to electronically verity the employment eligibility of their new hired employees.
For more information and to register visit https://e-verify.uscis.gov/emoll/.
1.11. "Written Notice" shall be considered properly served if delivered in person to the Contractor,
or to a member or office of his company; also if delivered at, or sent by registered mail to,
the last known business address of the Contractor.
1.12. "Intellectual Property" means any developments, improvements, designs, innovation, and
materials that may be the subject of a trademark/servicemark, copyright or patent, trade
secrets or Proprietary Information.
1.13. "Proprietary Information" means ideas, concepts, inventions and processes related to the
development and operation of computer software and systems such as source code, object
code, security procedures and passwords.
§2. CONTRACT EFFECTIVE DATE AND TERMINATION
2.1. The effective date of this Contract shall be as stated on the first page of this Contract, and
unless otherwise terminated or canceled as provided below, it shall end at 11 :59:59 p.m. on
the "Contract Expiration Date" shown on the first page of this Contract, at which time this
Contract expires without any further act or notice of either Party being required. The Parties
are under no obligation to renew or extend this Contract after Contract Expiration Date.
Notwithstanding the above, under no circumstances shall this Contract be effective and
binding and no payments to the Contractor shall be due or owing for any Contractor services
until and unless:
2.1.1. This Contract is signed by a Contractor Employee, legally authorized to bind the
Contractor.
2.1.2. Any and all Contractor Certificates oflnsurance and any other conditions precedent
to the Contract have been submitted and accepted by the County.
2.1.3. This Contract is signed by an authorized agent of Oakland County Purchasing, as
provided for on the signature page of this Contract, who shall be the final signatory to
this Contract.
2.2. The County may terminate and/or cancel this Contract (or any part thereof) at any time
during the term, any renewal, or any extension of this Contract, upon ninety (90) days written
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 3
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
notice to the Contractor, for any reason, including convenience without incurring obligation
or penalty of any kind. Notwithstanding the above, if the County is being reimbursed for any
cost or expenses incurred under this Contract by any third party, including any Federal, State
or local governmental agency, and any such third party funding is terminated, the County
may terminate, end or cancel this Contract immediately upon written notice to the
Contractor. The effective date for termination or cancellation shall be clearly stated in the
written notice.
2.3. The County's sole obligation in the event of termination is for payment for actual services
rendered by the Contractor before the effective date of termination. Under no circumstances
shall the County be liable for any future loss of income, profits, any consequential damages
or any loss of business opportunities, revenues, or any other economic benefit Contractor
may have realized but for the termination and/or cancellation of this Contract. The County
shall not be obligated to pay Contractor any cancellation or termination fee if this Contract is
cancelled or terminated as provided herein.
2.4. Contractor may terminate and/or cancel this Contract (or any part thereof) at anytime upon
one hundred and eighty days (180) days written notice to the County, ifthe County defaults
in any obligation contained herein, and within the one hundred and eighty days (180) notice
period the County has failed or has not attempted to cure any such default. The effective date
of termination and/or cancellation and the specific alleged default shall be clearly stated in
the written notice.
2.5. Under no circumstances shall the County be obligated to pay the contractor for any Services
rendered or Goods delivered which have not been invoiced, as required herein, within sixty
( 60) days of the date such Goods were actually delivered to the County or Services were
actually rendered pursuant to this Contract.
3. SCOPE OF CONTRACTOR'S SERVICES
3.1. The Contractor shall perform all work identified and itemized in Exhibit II: "Scope of
Contractor's Services".
3.2. The work performed by Contractor shall be done pursuant to the Drawings and
Specifications attached as Exhibit III. .(If Applicable)
4. COUNTY PAYMENT OBLIGATIONS FOR CONTRACTOR'S SERVICES
4.1. Except as otherwise expressly provided for in this Contract, the County's sole financial
obligation to the Contractor for any services under this Contract shall be:
4.1.1. In no event, shall the County's amount due and owing the Contractor for any and all
services rendered exceed the amount identified as the "NOT TO EXCEED
AMOUNT" on the first page of this Contract. In the event the Contractor can
reasonably foresee the total billings for its services will exceed this "NOT TO
EXCEED AMOUNT", the Contractor shall provide the County with notice of this
contingency at least fifteen (15) Days before this event.
4.1.1.
Rev 2012/12/11
The Contractor shall submit an invoice to the County which shall itemize all amounts
due and/or owing by the County under this Contract, as the date of the invoice. The
invoices shall be submitted in the form and schedule approved by the County. The
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page4
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
County shall have no obligation to make payment until a proper invoice of service is
submitted. The County reserves the right to make partial payments on account of the
amount due the Contractor as the work progresses.
4.2. Payment Schedule.
4.2.1 Payment schedule as specified in Exhibit II Scope of Contractor's Services.
4.2.1. Final payment for the work performed under this Contract shall not be made until all
work is satisfactorily performed and final clean-up has been performed.
4.3. Under no circumstances shall the County be responsible for any cost, fee, fine, penalty, or
direct, indirect, special, incidental or consequential damages incurred or suffered by
Contractor in connection with or resulting from the Contractor's providing any services under
this Contract.
4.4. The County has the right to offset any amounts due and owing to the Contractor should the
County incur any cost associated with this Contract that is the obligations of Contractor
under this Contract. This includes withholding payment in the amount of any County
provided equipment, supplies or identification badges that are not returned by Contractor
upon completion of the services provided under this Contract.
4.5. This Contract does not authorize any in-kind services by either Party, unless expressly
provided herein.
4.6. Change Order Process.
4.6.1. Changes in the Contract, Contract price or Scope of Work shall only occur in writing
via a "Contract Change Order".
4.6.2. Contract Change Orders shall be used to reflect additions to, reductions in, or changes
to the Scope of Work (Exhibit II), Construction Drawings and Specifications (Exhibit
III) (If Applicable), Contract price, or any other changes to the Contract.
4.6.3. The Contract Change Order shall indicate the reason for the addition, reduction,
change, the cost impact, the new total Contract price and the resulting impact on the
work schedules.
5. CONTRACTOR'S ASSURANCES AND WARRANTIES
5.1. The Contractor certifies that all statements, assurances, records, and materials submitted to
County in connection with securing this Contract have been truthful, complete and accurate
in all respects. The Contractor agrees and understands that any material false statement,
representation or omission made in connection with its seeking or obtaining this Contract
may be grounds for canceling or terminating this Contract and/or debarring the Contractor
from future County contracts. The County's right to cancel this Contract as provided herein
shall be in addition to any other rights the County has to terminate or cancel this Contract.
5.2. Service Warranty. Contractor warrants that all services performed hereunder will be
performed in a manner that complies with all applicable laws, statutes, regulations,
ordinances, and professional standards.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 5
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
5.3. Business and Professional Licenses. The Contractor will obtain and maintain at all times
during the term of this Contract all applicable business and professional licenses necessary to
provide the contracted services.
5.4. Equipment and Supplies. The Contractor is responsible for providing equipment and
supplies required to complete the specified services under the Contract unless otherwise
expressly set forth in the Contract,
5.5. Taxes. The Contractor shall pay, its own local, state and federal taxes, including without
limitation, social security taxes, and unemployment compensation taxes. The County shall
not be liable to or be required to reimburse the Contractor for any federal, state and local
taxes or fees of any kind.
5.6. Contractor's Incidental Expenses. Except as otherwise expressly provided in this Contract,
the Contractor shall be solely responsible and liable for all costs and expenses incident to the
performance of all services for the County including, but not limited to, any professional
dues, association fees, license fees, fines, taxes, and penalties.
5.7. E-Verify. In accordance with Miscellaneous Resolution No.09116 (BOC Minutes, July 30,
2009, pp 37-38), unless otherwise exempted, all service contractors and/or vendors who wish
to contract with the County to provide services must first certify they have registered with,
will participate in, and continue utilize, once registered, the E-Verify Program (or any
successor program implemented by the federal government or its departments or agencies) to
verify the work authorization status of all newly hired employees employed by the
contractors and/or vendors. Breach of this term or conditions is considered a material breach
of this agreement.
5.8. Contractor' sN endor' s execution of this agreement constitutes a certification that they are
authorized to certify on behalf of contractor/vendor and do hereby certify on behalf of
contractor/vendor that the contractor/vendor has registered with, has and will participate in,
and does and will continue utilize once registered and throughout the term of this contract
and any permissible extension hereof, the E-Verify Program (or any successor program
implemented by the federal government or its departments or agencies) to verify the work
authorization status of all newly hired employees employed by the contractors and/or
vendors.
5.9. Contractor Employees.
5.9.1. The Contractor shall employ and assign qualified Contractor Employees as necessary
and appropriate to provide the services under this Contract. Contractor shall ensure
all Contractor Employees have all the necessary knowledge, skill, and qualifications
necessary to perform the required services and possess any necessary licenses,
permits, certificates, and governmental authorizations as may required by law.
5.9.2. The Contractor shall solely control, direct, and supervise all Contractor Employees
with respect to all Contractor obligations under this Contract. The Contractor will be
solely responsible for and fully liable for the conduct and supervision of any
Contractor Employee.
5.9.3. All Contractor Employees shall wear and display appropriate County provided
identification at all times while working on County premises. The Contractor shall
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page6
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
return all County provided identification when any of the following situations occur:
(1) Upon completion of the last day of work provided under this Contract; (2) when a
Contractor Employee has completed the work under this Contract; or (3) when a
Contractor Employee no longer works for Contractor.
5.9.4. All Contractor Employees assigned to work under this Contract may, at the County's
discretion, be subject to a security check and clearance by the County.
5.9.5. All newly hired Contractor Employees, unless otherwise excluded under Misc.
Resolution No. 09116 must undergo employment eligibility verification through the
E-Verify system. Failure of to verify newly hired employees is a material breach of
this agreement.
5.10. Contractor Employee-Related Expenses. All Contractor Employees shall be employed at the
Contractor's sole expense (including employment-related taxes and insurance) and the
Contractor warrants that all Contractor Employees shall fully comply with and adheres to all
of the terms of this Contract. The Contractor shall be solely and completely liable for any and
all applicable Contractor Employee's federal, state, or local paymentwithholdings or
contributions and/or any and all Contractor Employee related pension or welfare benefits
plan contribution under federal or state law. The Contractor shall indemnify and hold the
County harmless for all Claims against the County by any Contractor Employee, arising out
of any contract for hire or employer-employee relationship between the Contractor and any
Contractor Employee, including, but not limited to, Worker's Compensation, disability pay or
other insurance of any kind.
5.11. Full Knowledge of Service Expectations and Attendant Circumstances. The Contractor
warrants that before submitting its bid and entering into this Contract, it had a full
opportunity to review the proposed services, examine all measurements, dimensions, and
existing conditions of the work area for this Contract and to review all County requirements
and expectations under this Contract. The Contractor is responsible for being adequately and
properly prepared to execute and perform this Contract. The Contractor has satisfied itself in
all material respects that it will be able to perform all obligations under the Contract as
specified herein.
5.12. The Contractor's Relationship To The County Is That Of An Independent Contractor.
Nothing in this Contract is intended to establish an employer-employee relationship between
the County and either the Contractor or any Contractor Employee. All Contractor Employees
assigned to provide services under this Contract by the Contractor shall, in all cases, be
deemed employees of the Contractor and not employees, agents or sub-contractors of the
County.
6. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
6.1. Indemnification.
6.1.1. The Contractor shall indemnify and hold the County harmless from any and all
Claims which are incurred by or asserted against the County by any person or entity,
alleged to have been caused or found to arise, from the acts, performances, errors, or
omissions of the Contractor or Contractor's Employees, including, without limitation,
all Claims relating to injury or death of any person or damage to any property.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page7
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
6.1.2. The indemnification rights contained in this Contract are in excess and over and
above any valid and collectible insurance rights/policies. During the term of this
Contract, if the validity or collectability of the Contractor's insurance is disputed by
the insurance company, the Contractor shall indemnify the County for all claims
asserted against the County and if the insurance company prevails, the Contractor
shall indemnify the County for uncollectible accounts.
6.1.3. The Contractor shall have no rights against the County for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any other
right to be reimbursed by the County except as expressly provided herein.
6.1.4. The Contractor waives and releases all actions, liabilities, loss and damage including
any subrogated rights it may have against the County based upon any Claim brought
against the County suffered by a Contractor Employee.
6.2. Contractor Provided Insurance.
6.2.1. At all times during this Contract, including renewals or extensions, Contractor shall
obtain and maintain insurance according to the specifications indicated in Exhibit I:
Contractor Insurance Requirements.
7. GENERAL TERMS AND CONDITIONS
7.1. Notification and Access to County Facilities.
7.1.1. While the Contractor retains the right to perform work at any time, the Contractor
shall give the County three (3) working days notice before commencement of work
under this Contract and the Contractor must obtain prior permission from the County
for access to County facilities after the County's regular business hours.
7.1.2. The County shall have full access to the work site and full access to the off-site
preparation and fabrication facilities.
7.2. Use of County's Premises. The Contractor shall confine its equipment, apparatus, materials
and products, and operations of Contractor Employees to the limits indicated by law,
ordinances, permits or directions of the County and shall not unnecessarily encumber the
work site and County premises with its materials, products, or equipment.
7.3. Damage to County Property and Premises.
7.3.1. The Contractor shall be responsible for any damage to the County premises or
property and the work site that is caused by the Contractor or Contractor Employees.
7.3.2. The Contractor shall take all necessary measures to prevent damage to County
property and premises including other areas of the building and grounds and buildings
and grounds located adjacent to the work site.
7.3.3. Should damage occur as a result of the Contractor's actions or the actions of the
Contractor Employees, the Contractor is responsible for the repair and/or replacement
of the damage. If the Contractor fails to repair or replace the damage, the County
shall repair and/or replace the damaged area and charge the Contractor or deduct the
amount from the Contractor's payment, at the County's option.
7.4. Cleaning.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 8
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
7.4.1. The Contractor shall at all times keep the work site, the County's property and
premises, the adjoining property and premises, driveways, and streets clean of rubbish
and debris. At the.completion of this Contract, Contractor shall remove all rubbish,
debris, tools, equipment, temporary work and surplus materials from and about the
work site and shall leave the work site clean and ready for use. If the Contractor does
not perform such cleaning immediately upon request, the County may perform such
cleaning and charge the cost to the Contractor.
7.4.2. While performing work under this Contract, the Contractor shall store its materials,
products, supplies, and equipment in a neat and orderly manner so as not to unduly
interfere with the progress of work under this Contract or the operation of County
business.
7.4.3. The Contractor shall clean-up the work site on a daily basis to remove rubbish and
debris from that day's work.
7.4.4. The Contractor shall remove all rubbish and debris from County property and premise
and legally dispose of it. No burning of debris or rubbish shall be permitted.
7.5. Materials, Equipment and Construction.
7.5.1. Prior to commencing work under this Contract, the Contractor shall verify all
measurements and conditions at the work site and shall be responsible for the
accuracy of such measurements and conditions. No extras shall be paid due to
differences between actual dimensions taken by the Contractor and those indicated in
the Drawings and Specifications. The Contractor shall immediately notify the County
of any discrepancies discovered.
7.5.2. All work performed under this Contract shall conform to the best current practice at
the respective trades. All equipment, materials and products used in the work under
this Contract shall be new and of the best grade of its kind for the purpose. The
Contractor shall furnish evidence as to kind and quality of materials and products,
upon request of the County.
7.5.3.
7.5.4.
7.5.5.
7.5.6.
Rev 2012/12/11
The Contractor shall deliver all materials and products to the work site in their
original unopened containers bearing the names of the manufacturer and brand.
Materials and products shall be handled and stored as recommended by the
manufacturer to prevent damage.
The Contractor shall retain all stored items at and around the work site in an orderly
manner allowing maximum access to the work site, not impeding drainage or traffic,
and providing the required protection of materials and products.
The Contractor shall confine his equipment, apparatus, the storage of materials and
operations of his employees to the limits indicated by law, ordinances, permits or
directions of the County and shall not unnecessarily encumber the premises with his
materials or equipment.
In general, it is the intent of these Specifications to permit the use of equipment of
any manufacture so long as they are fully consistent, in the opinion of the County,
with the quality and performance requirements of the job. This is indicated by the use
of the words "or approved equal" following specific trade name or manufacture.
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 9
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING
7.5.7. When the Contractor wishes.to use a product as an approved equal, he must seek prior
approval of the County Representative.
7 .5.8. Should the Contractor use sub-standard or non-specified materials or products, such
materials or products shall be removed and replaced with the proper or correct
materials or products at Contractor's expense.
7.5.9. Within twenty-four (24) hours after receiving written notice from the County, the
Contractor shall remove from the grounds or buildings all material, products, fixtures
or apparatus that do not conform to the Drawings and Specifications as set forth in
Exhibit III (If Applicable) or the conditions of the Contract as determined by the
County.
7.5.10. The County shall have the right to order the work wholly or partially stopped until the
objectionable work, materials, products, fixtures or apparatus are removed or to
declare the Contract forfeited for non-performance or not being executed according to
the intent or meaning of the Drawings and Specifications, set forth in Exhibit III. (If
Applicable)
7.5.11. Contractors working for Oakland County are responsible for being adequately and
properly prepared to execute the Contract. They are expected to maintain high
standards or workmanship, representing the best traditions of the trade.
7.5.12. In the event the Contractor shall fail, neglect, or refuse to perform any or all of his
duties under this Contract, the County, after giving the Contractor seven (7) calendar
days notice in writing, may perform or employ another entity to perform such duties
under the Contract and charge the Contractor or deduct the amount from the
Contractor's payment due under this Contract, at the County's option.
7.5.13. All materials, products and work used in the performance of this Contract shall
comply with all applicable federal, state and local codes.
7.6. Safety. As stated in Exhibit II
7.7. Guarantees. As stated in Exhibit II
7.8. Bonding Requirements. As stated in Exhibit II
7.9. Liens. As stated in Exhibit II
7.10. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of
any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
7.11. Survival of Terms and Conditions. The following terms and conditions shall survive and
continue in full force beyond the termination and/or cancellation of this Contract (or any part
thereof) until the terms and conditions are fully satisfied or expire by their very nature:
"CONTRACTOR'S ASSURANCES AND WARRANTIES";
"CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION";
"Damage Clean Up To County Property and/or Premises";
"Audit";
"Severability";
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 10
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
"Governing Law/Consent To Jurisdiction And Venue"; and
"Survival of Terms And Conditions".
7.12. County Right to Suspend Services. Upon written notice, the County may suspend
performance of this Contract if Contractor has failed to comply with federal, state, or local
laws, or any requirements contained in this Contract. The right to suspend services is in
addition to the County's right to terminate and/or cancel this Contract. The County shall
incur no penalty, expense, or liability to Contractor if the County suspends services under
this Section.
7.13. No Third Party Beneficiaries. Except as provided for the benefit of the Parties or except as
specifically set forth in the Contract, this Contract does not and is not intended to create any
obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be
subrogated to the Parties' rights in this Contract, and/or any other right, in favor of any other
person or entity.
7.14. Compliance with Laws. Contractor shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, insurance policy requirements, and requirements applicable
to its activities under this Contract, including zoning and building codes and MI OSHA
guidelines.
7.15. Permits and Licenses. Contractor shall be responsible for obtaining and maintaining
throughout the term of this Contract all licenses, permits, certificates, and governmental
authorizations necessary to perform all of its obligations under this Contract and to conduct
business under this Contract. Upon request by the County, Contractor shall furnish copies of
any permit, license, certificate or governmental authorizations necessary to provide services
under this Contract. The Contractor shall deliver all certificates of inspection to the County,
if applicable.
7.15.1. The County Representative or Contract Administrator shall act as inspector for this
project.
7.15.2. The inspector shall have access to the Work under this Contract. Off-site preparation,
fabrication, or execution of Work under this Contract shall be inspected as required.
7.16. Discrimination. Contractor shall not discriminate against any employee or applicant for
employment because of sex, race, religion, color, national origin, or handicap in violation of
State and Federal law.
7.16.1. Contractor shall promptly notify the County of any complaint or charge filed and/or
determination by any Court or administrative agency of illegal discrimination by
Contractor.
7.16.2. The County, in its discretion, may consider any illegal discrimination described above
as a breach of this Contract and may terminate or cancel this Contract immediately
with notice.
7.17. Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the County.
7.18. Force Majeure. Notwithstanding any other term or provision ofthis Contract, neither Party
shall be liable to the other for any failure of performance hereunder if such failure is due to
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 11
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
any cause beyond the reasonable control of that Party and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction,
action, or request of the United States government or of any other government, national
emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor
difficulties. Reasonable notice shall be given to the affected Party of any such event. The
Contractor is expected, through insurance or alternative temporary or emergency service
arrangements, to continue its obligations under this contract in the event of a reasonably
anticipated, insurable business risk such as business interruption and/or any insurable
casualty or loss.
7.19. Conflict oflnterest. Pursuant to Public Act 317 and 318of1968, as amended (MCL 15.321,
et seq.), no contracts shall be entered into between the County, including all agencies and
departments thereof, and any County Agent. To avoid any real or perceived conflict of
interest, Contractor shall identify any Contractor Employee or relative of Contractor's
Employees who are presently employed by the County. Contractor shall give the County
notice ifthere are any County Agents or relatives of County Agents who are presently
employed by Contractor.
7.20. Grant Compliance. If any part of this Contract is supported or paid for with any state or
federal funds granted to the County, the Contractor shall comply with all applicable grant
requirements.
7.21. Project Managers. Each Party shall designate an employee or agent to act as a Project
Manager. The Project Managers shall serve as a contact point for all matters related to the
services to be performed under this Contract. The Contractor's Project Manager shall
coordinate with the County's Project Manager; the Contractor shall provide the name and
qualifications of its Project Manager and an alternate.
7.22. Contract Administrator. Each Party may designate an employee or agent to act as Contract
Administrator. The County's Contract Administrator shall be responsible for such activities
as monitoring deliverables and funding, addressing the quality of services provided by the
Contractor, reviewing invoices and submitting requests to the County's procurement
authority for any contract modification in accordance with Sections 7.32 of this Contract.
7.23. Dispute Resolution. All disputes arising under or relating to the execution, interpretation,
performance, or nonperformance of this Contract involving or affecting the Parties may first
be submitted to the respective Project Managers and Contract Administrators for possible
resolution. The Project Managers and Contract Administrators may promptly meet and
confer in an effort to resolve such dispute. If the Project Managers cannot resolve the dispute
in five (5) business days, the dispute may be submitted to the signatories ofthis Contract or
their successors in office. The signatories of this Contract may meet promptly and confer in
an effort to resolve such dispute.
7 .24. Access and Records. Contractor will maintain accurate books and records in connection with
the services provided under this Contract for thirty-six (36) months after end of this Contract,
and provide the County with reasonable access to such book and records.
7.25. Audit. Contractor shall allow the County's internal auditors, or an independent auditor hired
by the County, to perform finance compliance audits with the authority to access all pertinent
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 12
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
records and interview any Contractor Employee throughout the term of this Contract, and for
a period of three years after final payment.
7.25.1. Contractor shall explain any audit finding, questionable costs, or other Contract
compliance deficiencies to the County within thirty (30) business days of receiving
the draft audit report. Contractor's written response shall include all necessary
documents and information that refute the draft audit report, and an action plan to
resolve the audit findings. A copy of the Contractor's response will be included in
the final report. Failure by the Contractor to respond in writing within thirty (30)
business days shall be deemed acceptance of the draft audit report, and will be noted
in the final report.
7.26. Delegation /Subcontract/ Assignment.
7.26.1. The Contractor shall not assign, delegate, or subcontract any part of this Contract
without the prior written consent of the County.
7.26.2. The rights and obligations under this Contract shall not be diminished in any manner
by assignment, delegation or subcontract.
7.26.3. Any assignment, delegation, or subcontract by Contractor must include a requirement
that the assignee, delegee, or subcontractor will comply with the rights and
obligations contained in this Contract.
7.26.4. The Contractor shall remain primarily liable for all work performed by any
subcontractors. The Contractor shall remain liable to the County for any obligations
under the Contract not completely performed or incorrectly performed by any
Contractor delegee or subcontractor.
7.26.5. The Contractor shall be fully responsible to the County for the acts and omissions of
its subcontractors.
7 .26.6. Should a subcontractor fail to provide the work as required by the Contract, the
Contractor shall contract with another entity to perform the work in a timely manner.
Any additional costs associated with securing a competent subcontractor and
performing the required work shall be the sole responsibility of the Contractor.
7.26.7. The County reserves the right to let other contracts in connection with this Work even
if of like character to the Work under this Contract. The Contractor shall coordinate
his work with theirs.
7.26.8. If any part of the Contractor's services depends upon the work of any other contractor
or subcontractor, the Contractor shall inspect and promptly report to the County any
defects in such work that shall render it unsuitable. The failure to inspect and report
shall constitute an acceptance of the other contractor's or subcontractor's services.
7.26.9. This Contract cannot be sold.
7.26.10.In the event that a Petition in Bankruptcy is filed and there is an assignment of this
Contract by a Court, the County may declare this Contract null and void.
7.27. Non Exclusive Contract. No provision in this Contract limits, or is intended to limit, in any
way the Contractor's right to offer and provide its services to the general public, other
business entities, municipalities, or governmental agencies during or after the term of this
Contract. Similarly, this Contract is a non-exclusive agreement and the Countymay freely
engage other persons to perform the same work that the Contractor performs. Except as
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 13
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
provided in this Contract, this Contract shall not be construed to guarantee the Contractor or
any Contractor Employee any number of fixed or certain number or quantity of hours or
services to be rendered to the County.
7.28. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any right or remedy under this Contract shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Contract. No waiver of any term,
condition, or provision of this Contract, whether by conduct or otherwise, in one or more
instances, shall be deemed or construed as a continuing waiver of any term, condition, or
provision of this Contract. No waiver by either Party shall subsequently affect its right to
require strict performance of this Contract.
7.29. Severability. If a court of competent jurisdiction finds a term, condition, or provision of this
Contract to be illegal or invalid, then the term, condition, or provision shall be deemed
severed from this Contract. All other terms, conditions, and provisions of this Contract shall
remain in full force and effect. Notwithstanding the above, if Contractor's promise to
indemnify or hold the County harmless is found illegal or invalid, Contractor shall contribute
the maximum it is permitted to pay by law toward the payment and satisfaction of any
Claims against the County.
7.30. Captions. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Contract are intended for the convenience of the reader and are
not intended to have any substantive meaning and shall not be interpreted to limit or modify
any substantive provisions of this contract. Any use of the singular or plural number, any
reference to the male, female, or neuter genders, and any possessive or nonpossessive use in
this contract shall be deemed the appropriate plurality, gender or possession as the context
reqmres.
7.31. Notices. Notices given under this Contract shall be in writing and shall either be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the person listed below. Notice will be deemed given when one of
the following occur: (1) the date of actual receipt; (2) the next business day when notice is
sent express delivery service or personal delivery; or (3) three days after mailing first class or
certified U.S. mail.
7.31.1. If notice is sent to the Contractor, it shall be addressed to the individual and sent to
the address listed on the first page of this Contract.
7.31.2. If notice is sent to the County, it shall be addressed to the Contract Administrator and
sent to the address listed on the first page of this Contract.
7.31.3. Either Party may change the address or individual to which notice is sent by notifying
the other party in writing of the change.
7.32. Contract Modifications or Amendments. Any modifications, amendments, recisions,
waivers, or releases to this Contract must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, recision, waiver, or release shall be signed
by an expressly authorized Contractor Employee and by the same person who signed the
Contract for the County or other County Agent as authorized by the Oakland County Board
of Commissioners.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 14
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
7.33. Precedence of Documents. In the event of a conflict between the terms and conditions in any
of the documents comprising this Contract, the conflict shall be resolved as follows:
7.33.1. The terms and conditions contained in this main Contract document shall prevail and
take precedence over any allegedly conflicting provisions in all other Exhibits and
documents.
7.34. Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be governed,
interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required
by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the
State of Michigan, the 50th District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as dictated by the
applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue
is proper in the courts set forth above. The choice of forum set forth above shall not be
deemed to preclude the enforcement of any judgement obtained in such forum or taking
action under this Contract to enforce such judgement in any appropriate jurisdiction.
7.35. Contractor Use of Confidential Information. The Contractor and/or Contractor Employees
shall not reproduce, provide, disclose, or give access to Confidential Information to any third
party, or to any Contractor Employee not having a legitimate need to know any such
information and data, and shall not use the Confidential Information for any purpose other
than performing its services under this Contract. Notwithstanding the foregoing, Contractor
may disclose the Confidential Information if required by law, statute or other legal process;
provided that Contractor (i) gives County prompt written notice of an impending disclosure,
(ii) provides reasonable assistance to County in opposing or limiting the disclosure, and (iii)
makes only such disclosure as is compelled or required.
7.35.1. This Contract imposes no obligation upon Contractor with respect to any Confidential
Information which Contractor can establish by legally sufficient evidence: (i) was in
the possession of, or was known by Contractor, prior to its receipt from the County,
without an obligation to maintain its confidentiality; or (ii) is obtained by Contractor
from a third party having the right to disclose it, without an obligation to keep such
information confidential.
7.35.2. As used in this Contract, Confidential Information means all information that the
County is required or permitted by law to keep confidential.
7.36. Contractor Use of County Licensed Software. In order for the Contractor to perform its
services under this Contract, the County may permit Contractor or Contractor Employees to
access certain copyrighted Software licensed to the County. Contractor or Contractor
Employees shall not: transfer, remove, use, copy, or otherwise provide or make available any
such copyrighted Software or Documentation to any other person or entity, for any purpose,
without the prior written consent of the County and/or the licensor. Furthermore, neither the
Contractor nor Contractor Employee shall produce a source listing, decompile, disassemble,
or otherwise reverse engineer any copyrighted Software. Neither the Contractor nor
Contractor Employee shall use any copyrighted software contrary to the provisions of any
applicable Software license agreement or state or federal law.
Rev 2012/12/11
OAKLAND COUNTY COMJ>LIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 15
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
7.37. Assignment of Rights. In consideration for the work Contractor performs under this
Contract, and the fees paid to Contractor for services, Contractor agrees to the following:
7.37.1. Contractor shall have no copyright, patent, trademark or trade secret rights in County
Intellectual Property.
7.37.2. Any and all programs, inventions and other work or authorship developed by
Contractor while performing services to County are works made for hire, created for
and owned exclusively by County.
7.37.3. Contractor assigns to County all rights and interest in County Intellectual Property,
which Contractor has made or conceived, or may make and conceive, either solely or
jointly with others, either on or off county premises (1) while providing services to
County, or (2) with the use of the time, materials or facilities of the County.
7.37.4. Contractor shall sign any papers necessary for patents, copyrights or trademark
registrations to give title to County.
7.38. Confidential Information. Contractor acknowledges:
7.38.1. That the County is developing and using Proprietary Information and Intellectual
Property that is valuable to its operations. The County has instituted policies and
procedures to protect this information. In performance of its obligations under this
Contract, Contractor may become acquainted with County Proprietary Information
and Intellectual Property.
7 .38.2. Either during or after the term of this Contract, Contractor shall not disclose to
anyone or use any County Proprietary Information and Intellectual Property disclosed
to Contractor while providing services to County under this Contract. This obligation
does not apply to information after it becomes generally known to the public.
7.38.3. Contractor shall not disclose any Intellectual Property belonging to a third party that
Contractor learns about by virtue of providing services to the County.
7.39._Entire Contract. This Contract represents the entire Contract and understanding between the
Parties. This Contract supersedes all other prior oral or written understandings,
communications, agreements or Contracts between the Parties. The language of this Contract
shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any Party.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 16
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING
The undersigned executes this Contract on behalf of Contractor and the County, and by doing so legally
obligates and binds Contractor and the County to the terms and conditions of this Contract.
FOR THE CONTRACTOR:
Print Name: fr\ IC. t-\A eJ... w. ti t..ttJ TcR appeared in person before me this day and executed this
Contract on behalf of Contractor and acknowledged to me under oath that they have taken all actions
and secured any and all necessary approvals and authorizations and has the requisite authority from
Contractor to fully and completely obligate and bind Contractor to the terms and conditions of this
Contract and any and all other documents incorporated by reference and also acknowledged to me under
oath having been provided with copies and having read and reviewed all Contract documents including
all documents incorporated by reference.
Subscribed and sworn to before me on this
Maria Gonzalez-ID# 2336293
Notary Public
State of New Jersey
My Commiasion Expires October 21, 2015
FOR THE COUNTY:
SIGN: ~I}
_ ____..,~=-J"--/Y
____ tl\_.t"-J)i._p--=<.~e..S_E-'--'/.'-----County
My Commission Expires: ________ _
Acting in the County of rl\ /~ pt.. f .S €~
DATE: /Q -0 6 -;;l c) /L( ,
IA, Compliance Officer
or
Scott N. Guzzy, CPPO, MBA, Purchasing Administrator
APPROVED AS TO SCOPE OF CONTRACTOR SERVICES:
aec
DATE: __ / o_,,_yf~D-j(~;,;:~y ___ _
Edwin Poisson
Contract Administrator
Information Technology
1200 North Telegraph Road
County Service Center -Pontiac
Waterford MI 48341
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 17
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING
EXHIBIT I
CONTRACTOR INSURANCE REQUIREMENTS
1. At all times during this Contract, including renewals or extensions, Contractor shall.obtain and
maintain insurance <;1-ccprding to the following specifications:
a. Commercial General Liability -with the following as minimum requirements:
$3,000,000 -Each Occurrence (Total Limit)
Occurrence Form Policy
Broad Form Property Damage
Premises/Operations
Independent Contractors
Products and Completed Operations
(Blanket) Broad Form Contractual
Personal Injury -Delete Colittactual Exclusion
Additional Insured: The County of Oakland and County Agents (as defined in this Contract);
b. Workers' Compensation·-·as statutorily required by law -Employers Liability with minimum
limits of $500,000 each accident, $500,000 disease each employee and $500,000 disease policy
limit; .. . . .
c. Automobile Liability and Property Damage -$1,000,000 Combined Single Limit, including
coverage for all owried, hired and non-owned vehicles including No Fault coverage as
required by law;
d. Professional Liability/Errors & Omissions Insurance (as applicable) -with minimum limits
of $1,000,000 per claim and $1,000,000 dollars aggregate.
2. General Certificates of Insurance:
a. All Certificates of Insurance shall contain evidence of the following conditions and/or clauses
and shall be sent to: The County of Oakland and County Agents, Oakland County
Purchasing, 2100 Pontiac Lake Road, Bldg 41 W, Waterford, MI 48328-0462, fax 248-858-1677
or email to: purchasing@oakgov.com.
b. The County of Oakland and County Agents (as defined in this Contract) shall be named as
"General Liability" Additional Insured with respect to work performed by the Contractor.
c. All Certificates are to provide 30 days written notice of material change, cancellation, or non-
renewal. Certificates oflnsurance or insurance binders must be provided no less than ten (10)
working days before commencement of work to the Oakland County Purchasing. Insurance
carriers are subject to the approval of Oakland County.
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 18
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COUNTY MICHIGAN
OAKLAND COUNTY
PURCHASING
EXHIBIT II
SCOPE OF CONTRACTOR'S SERVICES
Details for the following Project Phases are listeed in the Project Statement of Work which begins on the
following page:
1. Project Management and Project Implementation Phase I -Requirements Definition
2. Project Management and Project Implementation Phase II-Acquisition
3. Project Management and Project Implementation Phase III-Implementation
Rev 2012/12/11
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 004250
Page 19
Project Statement of Work 9-1-1 ESinet Managed Network Statement of Work
9-1-1 ES/NET MANAGED NETWORK
PROJECT STATEMENT OF WORK
RCC CONSULTANTS, INC.
Version < 1. O>
. 7128114
REGIONAL OFFICE NAME • ADDRESS • CITY, ST ZIP • XXX-XXX-XXXX • WWW.RCC.COM
VERSION HISTORY
Version Implemented Revision
....
.··
Approved Approval Reason
# By Date By .. Date
1.0 Terry Wright 7128114 <name> <mm/dd/yy> Initial SOW draft
TABLE OF CONTENTS
1 PROJECT OBJECTIVES ....................................................................................................... 4
2 WORK TO BE PERFORMED ............................................................................................... 4
2.1 Detailed Tasks ........................................................................................................... 4
2.1.1 Project Management and Project Implementation ............................................... 4
2.1.2 Phase I -Requirements Definition ...................................................................... 5
2.1.3 Phase II-Acquisition .......................................................................................... 6
2.1.4 Phase III -Implementation .................................................................................. 9
3 ASSUMPTI 0 NS ..................................................................................................................... 10
4 SECURITY REQUIREMENTS ........................................................................................... 11
5 SOW APPROVAL ................................................................................................................. 12
6 APPENDIX A -PROCUREMENT PLAN TEMPLATE .................................................. 13
1 PROJECT OBJECTIVES
Oakland County, Michigan (County) is seeking the assistance ofRCC Consultants, Inc.
in the acquisition, and implementation of a Next Generation 9-1-1 (N G9-1-1) Emergency
Services Internet (ESinet) along with NG9-l-1 compatible customer premise equipment
(CPE). It is the intent of this project to acquire and implement an ESinet that is provided
by a single responsible vendor, is procured at the best possible cost and meets the needs
of the County and its constituents in terms of quality and quantity, time and location.
2 WORK TO BE PERFORMED
RCC's approach in assisting the County acquire the ESinet is based on accepted
Information Technology project management practices and on procurement practices used
by federal, state and local governments. Our services are divided into the following phases:
• Phase I -Requirements Definition
• Phase II -Acquisition
• Phase III -Implementation
All services described in this SOW are intended to support the County in the acquisition of
a managed ESinet and CPE through a competitive procurement that complies with
procurement standards and regulations established by Oakland County. Our services are
supportive of the County and are not intended to supersede the County's procurement
process and regulations or their authority to select the most advantageous solutions.
2.1 DETAILED TASKS
2.1.1 Project Management and Project Implementation
Management of the project will follow project management standards established by the
Project Management Institute and the International Organization for Standardization (ISO)
Standard 21500, Guidance on Project Management.
Upon acceptance of this SOW and the execution of a consulting service agreement
between the County and RCC, our team will validate the project scope, schedule, and
staffing with the County's IT staff (IT). We will develop a detailed Project Management
Plan, Project Schedule, and a Project Communications Plan including a status reporting
process and vet those plans with IT.
Our team will conduct a project kickoff meeting with IT and other primary constituent
groups to review project management and oversight, schedule, identify initial data and
informational needs and confirm data access and security requirements for team members.
2.1.1.1 Deliverables
Deliverable Description Quantity/Media
0-1 Project Management Plan TBD
0-2 Project Schedule TBD
0-3 Project Communications Plan TBD
Deliverable Description Quantity/Media
0-1 Project Manaqement Plan TBD
0-2 Project Schedule TBD
0-3 Project Communications Plan TBD
2.1.2 Phase I -Requirements Definition
2.1.2.1 Task 1 -Develop Operational Concepts
Operational concepts identify the essential capabilities, associated requirements, and
performance measures of the system. There are two important elements that contribute to
the operational concept framework: the Mission Needs Statement (MNS) and Concept of
Operations (CONOPS). Together, these enable an understanding of why the new system is
needed and what functional relationship will have to the many other systems used by the
County and its stakeholders.
Mission Needs Statement
Out team will coordinate with IT to develop a concise MNS that identifies the needs for
the project and provides the reasoning for how the project addresses the identified
problems, issues and concerns. This will service as the foundation for the project and will
provide the rationale for pursuing the project.
Concept of Operations
Working with IT and other relevant stakeholders, the RCC team will help develop a
description of the proposed system in terms of the user needs it will fulfil, its relationship
to existing systems and procedures, and the way it will be used. This CON OPS will also
provide the link between the MNS and system requirements by translating the need into
functional capabilities.
2.1.2.2 Task 1 Deliverables
Deliverable Description Quantity/Media
1-1 Mission Needs Statement TBD
1-2 Concept of Operations TBD
2.1.2.3 Task 2 -Define Requirements Gathering/Elicitation Methodology
Requirements gathering/elicitation is an iterative process that involves interacting with
project stakeholders to gain consensus on the details of technical and functional
requirements for the system. Our team will employs a variety of techniques for gathering
requirements including:
• Interviews
• User Stories
• Focus Groups
• Workshops
RCC's project manager will coordinate with the IT project manager to identify the critical
project stakeholders and identify their general needs within the context of the project. From
this, a decision can be reached as to the most suitable technique for requirements
gathering/ elicitation.
Development of requirements also involves the careful analysis of available data and other
artifacts. RCC's project manager will prepare a list of specific data needs and desired
artifacts and provide it to the IT project manager. Together they will determine the most
efficient way of collecting data and artifacts.
2.1.2.4 Task 2 Deliverables
Deliverable Description Quantity/Media
2-1 List of Project Stakeholder TBD
2-2 Techniques for Requirements TBD
Gathering/Elicitation
2-3 List of Data and Project Artificat TBD
2.1.2.5 Task 3 -Gather/Elicit Requirements
Using the techniques defined in Task 2, RCC's team will develop the interview/focus
group/workshop protocols, and survey documents as necessary to support the gathering or
elicitation ofrequirements. RCC's project manager will develop a requirements
traceability matrix that can be used to trace requirements to stakeholders to ensure that all
stakeholder needs are correctly identified.
Our team will then conduct interviews/focus groups/workshops as identified in Task 2.
Requests for data and other artifacts will also be made of stakeholders, and survey
instruments will be distributed as necessary.
2.1.2.6 Task 4 -Prepare Requirements Document
The RCC team will compile the technical and functional requirements into a requirements
document. The requirements will identify technical, functional and non-functional
requirements and include a traceability matrix to provide bidirectional tracing of
requirements to stakeholders and standards.
The requirements document will be provided to IT for review and analysis. This analysis
provides a means of ensuring that all needs and requirements have been identified. Doing
so delivers greater value to project stakeholders by reinforcing a stronger alignment
between needs and system delivery.
2.1.2.7 Task 4 -Deliverables
Deliverable Description Quantity/Media
4-1 Project Requirements Document TBD
4-2 Requirements Traceability Matrix (Contained in TBD
the Project Requirements Document)
2.1.3 Phase II -Acquisition
2.1.3.1 Task 5 -Develop Solicitation Strategy and Criteria
The team will work with IT and the County's procurement officials to prepare a
procurement strategy and selection criteria. The strategy defines in general terms how the
ES In et will be procured, how the vendor( s) will be chosen, what type of contract will be
used, how vendor(s) will be managed, and who will be involved at each stage of the
process. At least one on-site meeting between RCC, IT and procurement officials to
exchange information and discuss the plan. Additional meetings can be conducted by
teleconference as necessary.
The RCC team will develop a Procurement Strategy Plan and submit it to IT and
procurement officials for review and comment. RCC's standard Procurement Strategy Plan
template is attached in Appendix A. Upon approval by IT and purchasing, the final
document will be distributed to all constituents.
2.1.3.1.1 Task 5 Deliverables
Deliverable Description Quantity/Media
5-1 Solicitation Startegv and Selection Document TBD
2.1.3.2 Task 6 -Solicitation Preparation
The team will develop detailed functional and technical specifications for the ESinet that
supports the requirements ofIT and the project stakeholders. These specifications will
support a ESinet that is provided by a single vendor who will be responsible for the
provision of an end-to-end system solution.
These specifications will be submitted to IT and will become part of the County's
solicitation for the ESinet system.
2.1.3.2.1 Task 6 Deliverables
Deliverable Description Quantity/Media
6-1 Final Technical and Functions! Specifications TBD
2.1.3.3 Task 7 -Solicitation Issue and Receipt
Primary responsibility for the issuance of the solicitation and the receipt of offeror
proposals will be with Oakland County's procurement officials. RCC's role in this phase is
supportive. RCC's team will support IT and the procurement department during the
solicitation issue and receipt phase in several ways. Our team will provide, if necessary, a
list of potential vendors that are capable of providing the desired services desired by IT.
We recommend holding a pre-proposal conference as a forum to provide information
exchange. The pre-proposal conference is a valuable means of exchanging information
about the project requirements and objectives, thereby allowing potential offerors to judge
whether or how they can satisfy the project requirements. This improves IT's ability to
obtain the goods and services at reasonable prices, and increases the efficiency in proposal
preparation, proposal evaluation, negotiation and contract award.
RCC's team will attend the pre-proposal meeting and will provide IT and procurement
officials with recommended responses to technical questions for inclusion in the formal
response.
2.1.3.3.1 Task 7 Deliverables
Deliverable Description Quantity/Media
7-1 Vendor's List TBD
7-2 Recommended responses to technicial TBD
questions submitted bv offerors
2.1.3.4 Task 8 -Solicitation Evaluation and Selection
Proposals will be received by County procurement officials, reviewed and qualified. A
minimum of 4 copies of each qualified vendor proposal will be provided to the RCC team.
The RCC team in conjunction with IT and other constituents as required by IT will
evaluate all aspects of the submitted proposals based on the evaluation criteria and process
established in the Procurement Management Plan. Upon completion of the evaluation, IT
and procurement will tabulate the results and determine if all offerors will be considered or
if a down-selection of the most qualified offerors will be necessary.
For a complex solicitation of this type, we recommend inviting qualified proposers to
conduct a demonstration of their proposed solution. The purpose of this demonstration is to
provide the offeror an opportunity to demonstrate that their solution meets industry
standards and the requirements of IT and provides an opportunity to respond to questions
from RCC and IT and clarify statements and warranties made by the o:fferor.
The RCC team will prepare the objectives of each demonstration and identify the needs the
demonstration is seeking to address. We will coordinate with IT to manage the
demonstration to achieve the planned objectives.
Our team will coordinate and schedule vendor demonstrations in consultation with IT. We
will provide notice that includes the schedule, format and guidelines for the
demonstrations. Key members of our team will attend each demonstration and maintain a
record of the demonstration. Following the demonstrations, our team will prepare formal
questions for offerors and provide them to IT and procurement officials, who will request a
formal response.
Following receipt of responses to these questions and any resulting modifications to
offeror proposals, the evaluation team will conduct a final evaluation of all aspects of the
proposals and demonstrations in accordance with the Procurement Management Plan.
Upon completion of the evaluation, IT and procurement officials will tabulate the results
and determine the most advantageous offeror.
2.1.3.4.1 Task 8 Deliverables
Deliverable Description Quantity/Media
8-1 Preliminary evaluation of offeror proposals TBD
based on criteria contained within the
Procurement Manaqement Plan
8-2 Objectives for each offeror demonstration, TBD
including needs and clarifications to be
addressed
8-3 Schedule and attend offeror demonstrations, TBD
provide a written record of each demonstration
8-4 Second round evaluation of offeror proposals TBD
to include demonstrations, responses to
questions and modifications to proposals
2.1.3.5 Task 9 -Contracting
Responsibility for awarding a contract to the successful o:fferor falls to IT and procurement
officials. RCC's team will support the negotiations of a contract by providing expert
advice regarding technical and financial matters pertaining to the delivery ofESinet and
NG9-1-1 services. Our support will cover review of any technical system components,
special contractual clauses or conditions pertaining to the delivery, operations and
maintenance of the system and its components, implementation plan, schedule, testing,
training, and warranty.
2.1.3.5.1 Task 9 Deliverables
Deliverable Description Quantity/Media
9-1 Advice and response as required by the TBD
negotiations
2.1.4 Phase III -Implementation
2.1.4.1 Task 10-Implementation Planning and Initiation
The process will begin with an implementation phase kick-off meeting with the IT project
team, RCC and the selected vendors' representatives. The meeting will be to accomplish
the following:
• Determine who will be involved from each of the participating organizations
throughout project implementation.
• Discuss and agree on the scope of work contained in the contractual document.
• Review and agree upon the implementation schedule and milestones to be completed.
• Review and discuss payment terms tied to milestone performance.
• Familiarize the participating entities with the Communications Plan to facilitate
communications between authorized participants in the project.
RCC will conduct a detailed system design review with the involved vendor(s) to
thoroughly discuss their proposed system and configuration prior to the ordering and
manufacturing of equipment and software. Specific information about features, capabilities
and functions to be provided by the systems will be discussed in detail to avoid surprises
later in the project.
2.1.4.2 Task 11 -Conduct Detailed Design Review Meeting with Project Team and
Vendor(s)
RCC will conduct a detailed system design review with the involved vendor(s) to
thoroughly discuss their proposed system and configuration prior to the ordering and
manufacturing of equipment and software. Specific information about features, capabilities
and functions to be provided by the systems will be discussed in detail to avoid surprises
later in the project
2.1.4.3 Task 12 -Supervise System Integration
RCC will work with the vendors and the County team to help ensure that all such
customization and modifications that are clearly identified. RCC will also work with the
project team to develop an appropriate schedule for completion of such modifications in a
timely manner. Additionally, RCC will work with the project team and vendor(s) to
monitor, track and help resolve integration issues that may arise during system
implementation.
2.1.4.4 Task 13 -Monitor Vendor Progress
RCC will assist the project team in monitoring the work performance of the selected
vendor(s) to help ensure conformance with the required specifications. This includes
monitoring of ongoing activities such as configuration, training, testing and data
conversion. RCC will also assist the County in managing Request for Change Order claims
and will monitor progress billing from the vendors.
2.1.4.5 Task 14-Conduct Acceptance Testing
Acceptance testing involves conducting a suite of tests on the completed system(s). Each
individual test exercises a particular operating condition of the user's environment or
features of the system, and will result in a pass, fail or some form of mathematical
outcome. The specific suite of tests·to be performed on each system will be proposed and
defined during Task 9 -the contract negotiation process.
RCC will be on-site during each acceptance test on every system involved. We will also
oversee the load testing of the systems to ensure they are capable of meeting the required
throughput and reliability performance criteria established in the specifications. We will
create an Action Item Database, in which we will identify and catalog test failures or
problems found during the testing process. The vendor will be given a reasonable amount
of time to resolve the problem and we will re-test the issue to ensure completeness. Prior to
final acceptance, RCC will oversee a 30-to-90-day performance test by the vendor(s).
Completion without a major system failure will verify that the new systems are stable and
ready for use by IT.
Any failures in the testing process should be resolved by the vendor in accordance with the
specifications and contract before IT issues system acceptance and final payment(s). Upon
satisfactory disposition of any identified discrepancies, RCC will create a System
Acceptance Report to recommend that IT grant system acceptance.
Deliverable Description Quantity/Media
14-1 Acceptance Test Report TBD
2.1.4.6 Task 15 -Monitor Training
The vendor(s) will be required to submit a training plan to IT as part of their proposal. The
training plan must address training system managers and administrators, conducting a
train-the-trainer program, and conducting user training. The vendor(s) will be required to
develop a program curriculum with training manuals, along with a training schedule. RCC
will monitor the training program progress and seek feedback from users to determine the
effectiveness of the programs.
2.1.4.7 Task 16-Oversee Cutover to New System(s)
RCC will work with IT and the system vendor(s) to develop a cutover plan that defmes the
strategies, decisions and specific details necessary to execute a cutover to a live
environment. The cutover plan will include a fallback plan in the event a problem is
encountered during the live cutover process. RCC staff will be on-site during the cutover
process to ensure the smooth transition to the new system.
Deliverable Description Quantity/Media
16-1 Cutover Plan TBD
3 . ASSUMPTIONS
Our services are based on the following project assumptions:
• Oakland County IT will provide at least one primary point of contact for the duration of
the project.
• The project will be primarily performed on-site in Oakland County. RCC team members
may also work remotely in their respective RCC offices or telecommuter offices
throughout the engagement.
• Oakland County IT will provide workspace, Internet access, and access to FTP or other
sites containing documents and information related to the project.
4 SECURITY REQUIREMENTS
Oakland County IT to provide security requirements including:
• Special pass or identification requirements;
• Special security clearance requirements; or
• Special escort requirements.
5 SOW APPROVAL
The undersigned acknowledge they have reviewed the ESlnet Managed Network
Statement of Work and agree with the approach it presents. Any changes to this
SOW will be coordinated with and approved by the undersigned or their
designated representatives.
Signature: Date:
Print Name:
Title:
Role:
Signature: Date:
Print Name:
Title:
Role:
Signature: Date:
Print Name:
Title:
Role:
6 APPENDIX A-PROCUREMENT PLAN TEMPLATE
I
PROJECT STATEMENT OF
WORK
Procurement Plan
9-1-1 ESlnet Managed Network
Statement of Work
Version No.: «#»
Version Date: 8/20/2014
~cc
RCC Consultants, Inc.
Project Statement of Work
Project Name
Performing
Department/ Agency
Product/Services
Document Prepared By
Name:
Procurement Plan Version Control
Version Date
No.
1.0 mm/dd/yy
Author
1
9-1-1 ESinet Managed
Network Statement of Work
Project/Organization Role
Change Description
8/20/2014
Project Statement of Work
TABLE OF CONTENTS
9-1-1 ESinet Managed
Network Statement of Work
PROCUREMENT PLAN PURPOSE ......................................................................................... 3
Procurement Plan Purpose ....................................................................................................... 3
PROCUREMENT PLAN DEFINITION .................................................................................... 3
Procurement Statement ............................................................................................................ 3
Estimated Cost ......................................................................................................................... 3
Vendor Selection ..................................................................................................................... 3
Procurement Description ......................................................................................................... 3
Selection Process & Criteria .................................................................................................... 3
Procurement Team ................................................................................................................... 3
Contract Type(s) ...................................................................................................................... 4
. Contract Standards ................................................................................................................... 4
APPROVALS ................................................................................................................................ 5
2 8/20/2014
~cc
7 PROCUREMENTPLANPURPOSE
7.1 PROCUREMENT PLAN PURPOSE
The Procurement Plan is used to provide information about the purchase of goods and
services, how vendors will be chosen, what kind(s) of contract(s) will be used, how
vendors will be managed, and who will be involved at each stage of the process. This
document should be approved by appropriate individuals before the actual procurement
process begins.
8 PROCUREMENT PLAN DEFINITION
8.1 PROCUREMENTSTATEMENT
[Describe, in general terms, what products or services are being considered for
procurement and why.]
8.2 ESTIMATED COST
[Provide an estimated total cost of procurement in this project. Include confidence limits
for your estimate (e.g., plus I minus dollars or percent of estimate).]
8.3 VENDOR SELECTION
[Describe what general approach the project will take to select a product or vendor (e.g.,
RFI, RFP, etc.).]
8.4 PROCUREMENT DESCRIPTION
[Describe, in specific terms, what items will be procured and under what conditions (e.g.,
sysem(s), specific hardware, software, specific services, etc.]
8.5 SELECTION PROCESS & CRITERIA
[Describe the selection process and general selection criteria. Describe any analytical
selection tool that you will use.]
8.6 PROCUREMENT TEAM
[List all Stakeholders (including client) who are involved in the Procurement Process,
along with contact information and a description of their Procurement Role (e.g., Project
Manager, Legal, Procurement or Administrative Services Officer, etc.).]
Name Email Role
[Insert appropriate Disclaimer(s)]
9-1-1 ES/net Managed Network Statement of Work
8. 7 CONTRACT TYPE(S)
[Document which type of contract will be used with each procurement if applicable (e.g.,
Time and Materials, Fixed Price, Not-To-Exceed, etc.)]
8.8 CONTRACT STANDARDS
[Provide the standards for documentation that will be used for each contract (e.g., if
reimbursement is based on vendor performance, is the approval signature for each
deliverable sufficient or must a copy of a deliverable quality review be included in the
contract documentation?)]
Date: 7/28/14 Page 4of19
Oakland County, Ml Solicitation Event ID 002966
· 9-1-1 ES/net Managed Network Statement of Work
9 APPROVALS
Role ·Name Approval, Date and Time
Preparer
Project Manager
Executive
Sponsor
Customer
Customer '
Customer
Date: 7/28/14 ;.._.' Page 5of19
Oakland County, Ml Solicitation Event ID 002966
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AMENDMENT OF CONTRACT 004717
Page 1
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
COMPLIANCE OFFICE
PURCHASING
Compliance Office | Purchasing
248-858-0511 | purchasing@oakgov.com
Rev 2019/08/20
IT RLB
AMENDMENT OF CONTRACT 004717
AMENDMENT 05X
AMENDMENT DATE: February 5, 2020
This AMENDMENT OF CONTRACT (hereafter this "Amendment") is made and entered into by and between
the Contractor named and identified below, (hereafter “Contractor”) and the COUNTY OF OAKLAND
(hereafter “County”) whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328.
CONTRACTOR ADDRESS
Mission Critical Partners LLC
(formerly Black and Veatch LTD of Michigan)
690 Grays Woods Blvd
Port Matilda PA 16870
Vendor Number: 23186 (formerly 19849)
The County and Contractor agree and acknowledge that the purpose of this Amendment is to modify as
provided herein and otherwise continue the present contractual relationship between the Parties as
described in their current contract with the same contract number as above.
In consideration of the extension of the mutual promises, representations, assurances, agreements, and
provisions in the Contract and this Amendment, the adequacy of which is hereby acknowledged by the
Parties, the County and Contractor hereby agrees to amend the current Contract as follows:
1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract
between the parties will apply equally to and throughout the amendment.
2.0 The Parties agree that any and all other term s and conditions set forth in the current Contract
between the Parties shall remain in full force and effect and shall not be modified, excepted,
diminished, or otherwise changed or altered by this Amendment except as otherwise expressly
provided for in this Amendment.
3.0 Description of Change:
Due to vendor name and tax ID number change Oakland County is issuing a new
contract number to Mission Critical Partners LLC
The old contract number 004717 will be replaced by 005938
he old vendor number 19849 will be replace by 23186
Vendor name changed from Black and Veatch LTD of Michigan to
Mission Critical Partners LLC
Add $320,000.00 to the contract Not to Exceed (NTE) amount.
The Contract NTE will increase from $276,339.32 to $596,339.00
Extend the contract expiration date from 12/31/1019 to 12/31/2022
AMENDMENT OF CONTRACT 004717
Page 2
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
COMPLIANCE OFFICE
PURCHASING
Compliance Office | Purchasing
248-858-0511 | purchasing@oakgov.com
Rev 2019/08/20
For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations,
and agreements set forth in the Contract and this Amendment, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute
this Amendment on behalf of the County, and Contractor and by doing so legally obligate and bind the
County and Contractor to the terms and conditions of the Contract and this Amendment.
THE CONTRACTOR: SIGN / DATE:
Mission Critical Partners LLC
(formerly Black and Veatch LTD of Michigan)
THE COUNTY OF OAKLAND: SIGN / DATE:
Pamela L. Weipert, CPA CIA, Compliance Officer
or
Scott N. Guzzy, CPPO, MBA, Purchasing Administrator
aec
John L. Spearly (Feb 6, 2020)
John L. Spearly
Scott N. Guzzy (Feb 6, 2020)
Scott N. Guzzy
Supplier Contract CON00008736: IT 911 RFP Services - P
Contract Number CON00008736
Status Approved
Contract Information
Company Oakland County
Supplier Mission Critical Partners LLC
Contract Specialist Wendy Pucher (23900)
Buyer Wendy Pucher (23900)
Contract Type Professional Service
Contract Name IT 911 RFP Services - P
Contract Reference 0000000000000000000005938/1080301
On Hold No
Terms and Amounts
Start Date 09/15/2014
Contract Signed Date 09/15/2014
End Date 12/31/2022
Total Contract Amount 311,234.62
Original Contract Amount 311,234.62
Line Total Amount 0.00
Currency USD
Default Tax Code
Default Payment Type EFT with Multiple References
Override Payment Type
Credit Card
Spend Transactions
Purchase Order Amount 55,037.50
Invoiced PO Amount 55,037.50
Non-PO Invoice Amount 0.00
PO Balance Remaining 256,197.12
Invoice Balance Remaining 256,197.12
Contract Overview
Contract Overview Original Contract Amount: 596339 1080301- C1 2022/01/11 LMC CHANGE BUYER FROM RLB TO WP,
C2 2022/04/12 wkp changed Vendor Contract Ref: from dept 1080305 to dept 1080301- to facilitate
cutover implementation into Workday system, C3 2020/01/21 AEC Reissue of Contract 004717 Black and
Veatch LTD of Michigan, C4 2020/02/07 AEC CO 05X Due to vendor name and tax ID number change
Oakland County is issuing a new contract number to Mission Critical Partners LLC The old contract
number 004717 will be replaced by 005938 he old vendor number 19849 will be replace by 23186 Vendor
name changed from Black and Veatch LTD of Michigan to Mission Critical Partners LLC Add $320,000.00
to the contract Not to Exceed (NTE) amount. The Contract NTE will increase from $276,339.32 to
$596,339.00 Extend the contract expiration date from 12/31/1019 to 12/31/2022, C5 2020/02/07 AEC
Contract Reissue Finalized
Catalog Item Pricing
Catalog
Catalog Discount Percent
Mission Critical Partners (1).pdf
File Name Mission Critical Partners (1).pdf
Content Type application/pdf
Updated By Christine Arakelian (23317)
Upload Date 05/10/2022 04:22:31 PM
View Supplier Contract: View Supplier
Contract
12:01 PM
11/16/2022
Page 1 of 2
Comment
005938_CO_05X.pdf
File Name 005938_CO_05X.pdf
Content Type application/pdf
Updated By Christine Arakelian (23317)
Upload Date 05/10/2022 04:22:31 PM
Comment
View Supplier Contract: View Supplier
Contract
12:01 PM
11/16/2022
Page 2 of 2