Loading...
HomeMy WebLinkAboutResolutions - 2009.03.05 - 9844MISCELLANEOUS RESOLUTION #09036 BY: Finance Committee, Tom Middleton, e; hairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - APPROVAL AND ACCEPTANCE OF CONSTRUCTION AND LEASE AGREEMENT FOR ADDITIONAL OPTICAL FIBERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Information Technology Department holds an agreement with PAETEC Business Services for the maintenance and repair of County owned optical fiber; and WHEREAS the Facilities Maintenance and Operations Department wishes to extend security coverage to Materials Management at 1155 Caesar Chavez, Pontiac, Michigan; and WHEREAS the Water Resources Commission wishes to extend site monitoring services to waste reclamations sites at 1165 Caesar Chavez, Pontiac, Michigan and 1236 Caesar Chavez, Pontiac, Michigan; and WHEREAS the County Administration has negotiated the terms of the attached construction and twenty year lease agreement at a single payment of $14,060; and WHEREAS the maintenance of the additional optical fibers will be included in the existing Information Technology Department maintenance and repair contract; and WHEREAS funding is available in the information Technology Fund's equipment maintenance budget for FY 2009 and FY 2010; and WHEREAS Information Technology has funding available for the construction of the fiber as a capital asset in the amount of $12,560 and the operating lease of the additional optical fibers in the amount of $1,500; and WHEREAS the County Administration and Information Technology have reviewed and/or prepared all necessary documents related to the attached Construction and Lease agreement; and WHEREAS the Department of Corporation Counsel have reviewed and signed off on the Lease Agreement; and WHEREAS it is the recommendation that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction and Lease Agreement; and NOW TI-Lt<LI-UKE let I i KtSOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Construction and Lease Agreement for Additional Optical Fibers. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it's Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and PAETEC Business Services, which may be required. BE IT FURTHER RESOLVED that a budget amendment is recommended to recognize both the operating lease for the additional fiber, which will be set up as a prepaid expense with amortized expense over twenty years, and the depreciation expense of the fiber that will be an asset owned by Oakland County in the Information Technology Fund for FY 2009 and FY 2010 as follows: Information Technology Fund #63600 FY 2009 FY 2010 Expense 1080601-152090-730646 Equipment Maintenance 1080601-152090-730653 Equipment Rental 1080601-152090-761114 Depreciation Expense Total Expense Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Motion carried -inanimously on a roll call vote with Gingen, Zack and Coul:er absent. ($ 380) ($912) 31 75 349 837 $ -0- L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND7- OAKLAND COUNTY COLINTYMICHIGAN PURCHASING DIVISION AMENDMENT AND CHANGE ORDER OF CONTRACT NUMBER 41591 'AMENDMENT #3 dIRIENDIVIENT TiAkTF, lintert MienJhnpuj dat This AMENDMENT # OF CONTRACT NUMBER 41591 (hereafter "Amendment") is made and entered into by and between the Contractor, identified below, and the COUNTY OF OAKLAND, whose address is 1200 N. Telegraph Road, Pontiac, MI 48341-0462 (hereafter "County"). CONTRACTOR ADDRESS McLoodUSA Teleeommunications Services, 130800 Telegraph Road Inc, d/b/a PAETEC Business Services i fi (hereafter "PAETEC") Bingham Farms, Michigan 48025 i. The County and PAETEC entered into an Agreement on November 5, 1999 (hereafter "Agreement"). The Parties agree and acknowledge that the purpose of this Amendment is to modify the Agreement as provided herein and otherwise continue the present contractual relationship between the Parties as • described in the Agreement, with the same Contract Number as above. WHEREAS, PAETEC and County entered into a Municipal Services Agreement dated November 5 a,1999, which provides in part for the sale by PAETEC to County of certain Optical Fibers, as defined in the Agreement, and for the provision by PAETEC to County of certain maintenance services: and, WHEREAS, PA_ETEC and County desire to amend the Agreement to provide for additional Construction and for the indefeasible right of use and maintenance of additional Optical Fibers by PAETEC to County (the "Additional Optical Fibers") set forth and described in Exhibit A and Attachment 1; In consideration of the extension of the mutual promises, representations, assurances, agreements, and provisions in the Agreement and this Amendment, the adequacy of which is hereby acknowledged by the Parties, the County and PAETEC hereby agree to amend the current Agreement as follows: I. Subject to the terms and conditions of the Agreement except as otherwise set forth herein, PAETEC hereby agrees provide the County with an indefeasible right of use ("1RU -1 for the Additional Optical Fibers described in Exhibit A and illustrated in Attachment 1, which is attached and made part of this Amendment. The total cost for the 1R12 Fee for the Additional Optical Fibers and construction, as set forth in Exhibit A, shall be due and payable within thirty (30) business days of the County's execution of this Amendment, and includes the installation, project management and CONTRACT AMENDMENT OF CONTRACT NUMBER Pagr 1 Druft I 2 testing of the Additional Optical Fibers, as well as any additional fiber termination panels and associated onsite fiber extensions as required. PAETEC shall provide County with a detailed project plan within thirty (30) business days from the date the County executes this Amendment. PAETEC shall use commercially reasonable efforts to deliver the Additional Optical Fibers, in accordance with the Agreement's specifications, within one hundred twenty (120) business days from the date the County executes this Amendment. 2. The parties agree that ownership of the Additional Optical Fibers set forth in Exhibit A shall at all times remain with PAETEC. The County shall receive aniRTAif the Additional Optical Fibers for • Deleted: indermobi, the term set forth in Exhibit A. Section 8 of the Agreement shall not apply to the Additional Optical Deleted:1 Fibers set forth herein. The Parties agree that no party other than PAETEC or a contractor under the direct supervision of PAETEC shall be permitted to perform maintenance or splicing of the Additional Optical Fibers, Prior to the expiration of the 1RU icon, the Parties may negotiate a mutually agreed upon renewal term for the Additional Optical Fibers. Upon expiration of the ERU term, orally renewal term, the County's interest in the Additional Optical Fibers shall cease and the County shall have no additional rights to use the Additional Optical Fibers. 3. Upon acceptance of the Additional Optical Fibers pursuant to the Agreement, the Additional Optical Fibers shall be deemed included in the County's Fiber Optic Plant for purposes of maintenance pursuant to the terms of the Agreement. Notwithstanding, the County acknowledges that PAETEC has granted to Deutsche Bank Trust Company Americas, as collateral agent, a security interest in all of its assets, ineluding the Additional Optical Fibers which are the subject of this Amendment, and that such security interest is and shall be continuing. The County further agrees and acknowledges that such Additional Optical Fibers are and shall remain subject to such security interest and any modifications, consolidations, replacements, and extensions thereof. 4. Construction performed pursuant to this Amendment shall be for the benefit of tlie County. While PAETEC shall at all -times retain ownership of :he Additional Optical Fibers, PAFTEC shall retain no interest in any pther property constructed pursuant to Section II. Construction, of Exhibit A, which shall be senarate and distinct from the Additional Optical Fibers. S. No performance bond shall be required for work performed under this Amendment. 6. Any expedited splicing associated with the Additional Optical Fibers shall be subject to a thirty percent (30%) surcharge. 7. County shall provide PAETEC access to conduits at the Materials Management sites for installation of the Additional Optical Fibers. PAETEC's address for Notices under the Agreement shall include the following address: CONTRACT AMENDMENT OF CONTRACT NUMBER Pagt Drafi 1 3 FOR THE COUNTY: FOR THE CONTRACTOR: DATE: DATE: PAETEC Business Services One PAETEC Plaza 600 Willowbrook Office Park Fairport, NY 14450 Attn: Legal 9. The Parties agree that any and all defined words or phrases in the current Agreement between the Parties will apply equally to and throughout the Amendment. The Parties agree that any and all . other terms and conditions set forth in the current Agreement 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. The undersigned hereby execute this Amendment on behalf of the County and PAETEC and by doing so legally obligate and bind the County and PAETEC to the terms and conditions of the Agreement and this Amendment. BY: Oakland County Purchasing By: PAETEC Business Services CONTRACT AMENDMENT OF COKTRACT NUMBER rip 1 Drat 1 4 $1 00U.00 $12,559.65 $14,059.65 EXHIBIT A I. ADDITIONAL OPTICAL FIBERS Descriptimi of Cable Route Segment: 2 Optical Fibers located within the Route and containing Access Points 1200 N Tekgraph Road, Building 49 and Materials Management at 1155 Oakland Avenue, See Attachment 1. Total route 2112 feet. IFtU Fee: S1500.00 one time fee Term of MU: 20 years from the Effective Date of this Amendment. IL CONSTRUCTION Materials management construction project (See Attachment 1): Use existing 6 count single mode fiber lateral into 1155 Caesar Chavez, Pontiac, MI. Install multimode fiber through existing conduit approximately 260 feet between Materials Management at 1155 Caesar Chavez to Waste Reclamation site building #2. Directional bore 160 feet between Waste Reclamation Site, building #2 to the Waste Reclamation Site at 1235 Caesar Chavez. Install 1 1/4" conduit, EMT raceway, building penetrations, and approximately 500' 6 count multi-mode fiber, Provide ODTR testing. Oakland County Head End: $4000.00 1200 Telegraph Road, Building 49 to Materials Management 1155 Caesar Chavez- 4 splices (Segment I) OSP construction of laterals: $7,559.65 Materials Management, 1155 Caesar Chavez to Waste Reclamation building 2 (Segment 2) Waste Reclamation building 2 to Waste Reclamation, 1235 Caesar Chavez (Segment 3) Project Management, Testing and documentation: Construction Total: 11]. TOTAL Total Cost Additional Optical Fibers and Construction: CONTRACT AMENDMENT OF CONTRACT NUMBER ?age 4 Dran 1 5 Waste Reclamation Site 1155 Caesar Chavez Pontiac, MI 48340 1E0• Otecrtnan..11:rom Instal:4 conduit 5.smcnt 3 Waste Reclamation Site 1235 Caosar Chavez Pontiac, MI 48340 Attachmentl 1200 N Teiegraph BLDG 49 Pontiac, MI 48541 Materials Management 1155 Caesar Chavez Pontiac, MI 48340 \ 269' Lateral 'through tx1rit.tva Conduit %4-w.,nt 2 t2'17111. oark citAr _ St,amant 1 Bldg 142 Segment 2,112 IRU Dark Fiber between 1200N Telegraph. Building 49, Pontiac MI to Materials Management at 1155 Caesar Chavez, Pontiac, ML Entrance into Materials tvlanagernont, 1155 Caesar Chavez using existing lateral. Segement 2: Install multimode fiber through existing conduit approximately 260 feet between Materials Management at 1155 Caesar Chavez, Pontiac, MI to Waste Reclamation site building #2. Segment 3; Directional bore 160 feet between Waste Reclamation Site, building #2 to the Waste Reclamation Site at 1235 Caesar Chavez.. Tnsta11 1 1/4" conduit, EMT raceway, building penetrations, arid approximately 500' 6 count multi-mode fiber. Provide ODTR testing. CONTRACT AMENUMENT OF CONTRACT NUMBER Pegt 5 Oran March 5, 2009 Resolution #09036 Moved by Cabello supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchet Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard. (23) NAYS: None (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 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 5, 2009, 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 5th day of March, 2009. Gat Ruth Johnson, County Clerk