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