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HomeMy WebLinkAboutResolutions - 2008.03.06 - 9538MISCELLANEOUS RESOLUTION # 08034 March 6, 2008 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — REQUEST FOR APPROVAL OF RADIO SYSTEM AGREEMENT WITH THE STATE OF MICHIGAN FOR ACCESS TO THE LEGACY 800 MHZ RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the City of Pontiac is facing a severe budgetary shortfall that has resulted in a reduction in the number of police officers within the Pontiac Police Department: and WHEREAS, the Pontiac Police Department. the Oakland County Sheriff Department, and the Michigan State Police have joined in a cooperative effort to Fovide additional police presence within the City of Pontiac for the safety and welfare of its residents: and WHEREAS, it is essential that the Pontiac Police Department. the Oakland County Sheriff Department and the Michigan State Police have interoperable radio communications in order to safely and effectively accomplish multi-agency cooperative policing; and WHEREAS, while the Pontiac Pol:ce Department and the Oakland County Sheriff Department share a common radio system that affords interoperabil:ty. the Michigan State Police utilize a disparate radio system that does not afford direct interoperability; and WHEREAS, technology exists to provide connectivity between the radio systems: and WHEREAS, the equipment necessary to enable this connectivity has been provided by the State of Michigan at no additional cost to Oakland County or the City of Pontiac; and WHEREAS, the Chief of Police for tie City of Pontiac has submitted signed authorization to Oakland County for the Michigan State Police to-access the-necessary communication path: and WHEREAS, it is the recomaielidatiali uf 1t id Department of Information Technology that the Oakland County Board of Commissioners acceot aid approve the terms arid curio itions of the attached agreement providing the State of Michigan with access to the 800 MHz Radio System for purposes of interoperability with the Pontiac Police Department; and WHEREAS, Corporation Counsel has reviewed and/or preparea all necessary documents related to the attached agreement. NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners hereby approves and authorizes the attached radio system agreement between tie County of Oakland and the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson to execute the attached radio system agreement between the County of Oakland and the State of Michigan. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE C ( GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Suarez absent. RADIO SYSTEM LICENSE AGREEMENT BETWEEN OAKLAND COUNTY AND MICHIGAN DEPARTMENT OF STATE POLICE This License Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"). and the Michigan Department of State Police, 714 S. Harrison Rd., East Lansing, MI 48823 ("State -.). In this Agreement the County and the State may also be referred to individually as "Party" or jointly as 'Parties." PURPOSE OF AGREEMENT. The County and the State enter into this Agreement for the purpose of delineating the relationship and responsibilities between the County and the State regarding the use of the Oakland County Radio System. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: DEFINITIONS. The followini4 words and expressions used throughout this Agreement, whether used in the singular or plural. within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. State means the State of Michigan. includirm, but not limited to, all of its departments. divisions, elected and appointed officials, directors, authorities, committees, employees. agents, volunteers, and any such persons' successors. 1.3. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action. proceeding, judgment. deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement tOr reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County or the State, its employees or agents. whether such Claim is brought in law or equity, tort, contract, or otherwise. 1.4. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners. elected and appointed officials, directors, board Radio System Agreement Final Pagel members, council members, commissioners. authorities, committees, employees, agents, \ olunteers, and any such persons successors. 1.5. Day means any calendar day beginning, at 12:00 a.m. and ending at 1 1 :59 p.m. 1.6. FCC means the Federal Communications Commission. 1.7. Radio System ("the System") means the County-wide simulcast legacy 800 MHZ voice radio *sten 2. OPERATION AND USE OF RADIO SYSTEM, 2.1. The County is the owner of the Radio System. The County shall maintain and provide insurance lbr the Radio System. 2.2. The County is the license holder for all FCC licenses for the 800 MHZ frequencies used in the Radio System. The County shall maintain these licenses and/or modify the licenses as required to operate the Radio System. 2.3. The County may monitor and audit the State's use of the Radio System. The monitoring mid auditing of the Radio System may be performed periodically at the discretion of the County and at the sole expense of the County. 2.4. The County shall mllow the State to use the Radio System, specifically allowing the State radio ID. access to the City of Pontiac Police dispatch talk group in a control station. 3. FINANCIAL RESPONSIBILITIES. Except as otherwise provided in this Agreement, there shall be no costs to the State for use of the Radio System. 4. DURATION OF INTERLOCAL AGREEMENT. 41 The Agreement and any amendments hereto shall be effective when executed by both Parties. 4.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 10. 5. ASSURANCES. 5.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 5.2. The County is not responsible for any Claims arising directly or indirectly from misuse or use of the Radio System by the State, its employees, or its agents. 5.3. Neither the County nor State shall be liable for any consequential, incidental, indirect, or special damages in connection with this Agreement. Radio System Agreement Final Page 2 5.4. The Parties have taken ail actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 5.5. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including but not limited to, all FCC rules and regulations. 5.6. Any costs, fees, or lilleS which result from violation of the any federal, state, or local laws, administrative rules, regulations, or ordinances shall be the responsibility of the Party committing the violation. 5.7. THE COUNTY EXPRESSLY DISCLAIMS AND MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO THE OPERATION iN ND I:SL OF THE RADIO SYSTEM OR USER EQUIPMENT, INCLIf DING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCIIANTABILITY AND FITNESS FOR A PARTICULAR PI:RPOSE. 5.8. The County shall have no liability to the State for any loss or damage due to the imperfect, deketive, or unsatisfactory communications experienced by the State for any reason. 6, TERMINATION OR CANCELLATION OF AGREEMENT. 6.1, The State may terminate or cancel this Agreement for any reason upon thirty (30) Days written notice to the County, Upon thirty (30) Days written notice to the State, the County may terminate or cancel this Agreement. 6.3. Upon termination or cancellation of this Agreement, the State shall cease using the Radio Syqem. .7. LOCAL RADIO SYSTEM ADMINISTRATOR. The State shall designate at least one person and an alternate to act as the Local Radio System Administrator. This individual(s) will act as a liaison between the State and the County regarding the operation and use of the Radio System. The names of the Local Radio System Administrators shall be conveyed to the individual listed in Section 22.1. 8, NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. Radio System Agreement Final Page 3 6.2. 9. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment. or another persons or entities with respect to hire, tenure, terms, conditions. and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 10. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its responsibilities under this Agreement. Upon request. a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. 11. RESERVATION OF' RIGHTS. 'Ibis Agreement 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 Parties. 12. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power sonree, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT, The State shall not delegate, subcontract, and/or assign any obligations or rights wider this Agreement without the prior written consent of the County. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver or those rights with regard to any existing or subsequent breach of this Agreement. No waiy.- of any term, condition. or provision of this Agreement, 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 Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 15, SEVEIZABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full free. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. 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 Agreement Rad:o System Agreement Final Page 4 shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreernent shall be in writing and shall 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 on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or C3) threc days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the County it shall be addressed and sent to: Oakland County Department of information Technology. Manager of CLEMIS Division, 1200 North Telegraph Road, Building 449 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 17.2. If Notice is sent to the State. it shall be addressed to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement 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 Agreement shall be brought le the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State 01' Michigan, or the United States District Court for the Eastern District of Michigan. Southern Division, as dictated by the applicable jurisdiction of the court. lxcept as otherwise required by law or court rule, venue is proper in the courts set ibrilt above. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by noth Parjes. Unless otherwise agreed. the modification, amendment. recession. waiver. or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties governing body. 20. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supereedes all other oral or written Agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. Radio System Agreement Final Page 5 IN WITNESS WHEREOF, hereby acknowledges that he/she has been authorized to execute this Agreement on behalf of the State and hereby accepts and binds the State to the terms and conditions of this Agreement. EXECUTED: DATE: WITNESSED: DATE: IN WITNESS WHEREOF, Bil; Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Bill Bullard. Jr.. Chairperson Oakland County lioard of Commissioners WITNESSED: DATE: Ruth Johnson, Clerk, Register of Deeds County of Oakland Radio System Agreement Final Page 6 3 /0 Resolution #08034 March 6, 2008 Moved by Potter supported by Zack the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted. AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gregory, Greirnel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Rogers, Scott, Spector, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted. I EBY APPROVE THE fOREGOING RESOLUIDI STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 6, 2008, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of March, 2008. /0_.411 0 RuttC5ORI§M, County Clerk