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HomeMy WebLinkAboutResolutions - 2009.09.02 - 9941September 2, 2009 MISCELLANEOUS RESOLUTION #09184 BY: Finance Committee. Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND NORTHVILLE TOWNSHIP FIRE DEPARTMENT FOR THE FIRE RECORDS MANAGEMENT SYSTEM TO OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Lathes and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquislion of the Fire Records Management System in Miscellaneous Resolution #99309: and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call. to include the additional computer-aided dispatch information, and complete the recording in a stancard records management system. promoting communication and the sharing of fire records among the municipalities that participate, and WHEREAS the Department of Information Technology, the Department of Corporation Counsel. and the Fire Governance Committee have developed a Fire Records Management System Interloc.-al Agreement setting forth the rights and obligations of the County and the municipalities participating in tne Fre Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attacned Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045: and WHEREAS Northvide Township Fire Department would like to participate in the Fire Records Management System beginning September 1, 2009 and will be responsible for the following annual fees (prorating 1 month access for FY 2009): - $4.902 annual department fee - $1.401 annual additional station fee ($1.401 for each fire station beyond the first): and WHEREAS the addition of the Northvii)e Township Fire Department will require the purcnase of two additional software licenses at $2.800 each and increase the annual software maintenance by $560 for each license; and WHEREAS an invoice shall be submitted to the Northville Township Fire Department to include the reimbursement cf software license and maintenance purchases due under this agreement NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Boaro of Commissioners to sign the attached Fire Records Management System Interlocal Agreement with Northville Township Fire Department BE IT FURTHER RESOLVED that the Fire Records Management System Fune for FY 2009 budget be amended as specified below and the FY 2010 — FY2012 budgets will be amended during the budget hearing process. Fire Records Management Fund (53100) Revenue 1080325-115100-631460 Participation Fees Total FRMS Fund Revenue Expenditures 1080325-115100-731773 Software Purchase Total FRMS Fund Expense FRMS—Estirnated Change in Fund Equity FY 2009 $ 6,125 $ 6,125 $ 5.600 $ 5,690 525 Chairperson. on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE I- Finance Committee Vote: Motion carried unanimously on a roll call vote with Zack absent FIRE RECORDS MANAGEMENT AGREEMENT BETWEEN OAKLAND COUNTY AND NORTHVILLE TOWNSHIP FIRE DEPARTMENT This Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Northville Township Fire Department, 45745 Six Mile Rd, Northville, MI 48168 ("CVT”). In this Agreement the County and the CVT may also be refetrecl to individually as "Party" or jointly as 'Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.., the County and the CVT enter into this Agreement for the purpose of providing the CVT with access and connectivity to the Fire Records Management System ("FRMS"). FRMS is intended to capture and create Ere records from their inception at a 9-1-1 call and continuing the record to include the computer aided dispatch information resulting with a standard records management system. FRMS promotes communication and sharing of fire records among the entities that participate. The entities that participate in FRMS will enjoy the benefits of a single system, common standards, and costs shared through a cooperative relationship with the County. This Agreement is intended to delineate the relationship and responsibilities between the County and the CVTs regarding FRMS. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. ENTIBES PERFORMING UNDER THIS AGREEMENT. All County services and obligations set forth in this Agreement shall be provided through the County's Department of Information Technology. All CVT's services and obligations set forth in this Agreement shall be performed by Northville Township Fire Department. The Fire Governance Committee will provide direction, counsel, and recommendations concerning the operation of FRMS. 2. DEFINITIONS. The following 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. 2.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. Page 1 2004-0466 Final - Out County FRMS Agreement 2.2. 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 for 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, its employees or agents, whether such Claim is brought in law or equity, tort, contract, or otherwise. 2,3. 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 members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 2.4. 12a means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 2.5. Ideal System Administrator means a person employed by the CVT and designated by the head of the Northville Township Fire Department to perform duties related to FRMS and act as a liaison between the CVT and the County. 2.6. Fire Governance Committee ("FGC") means a committee comprised of representatives from six fire departments, appointed by the Oakland County Fire Chiefs' Organization that shall provide direction, counsel, and recommendations concerning the operation of the Fire Records Management System. 2.7. Fire Records Manaeement System ("HMS") captures and creates fire records from their inception at a 94-1 call and continuos the record to include the computer aided dispatch information resulting with a standard records management system. FRMS promotes communication and sharing of fire records among the entities that participate. 2.8. Oakland County MAN/WAN el OAKNET") means the Metropolitan Area Network/Wide Area Network called OAKNET which is operated by the County. The OAKNET links the CVT and the County allowing each to input and access FRMS Data. 2.9. City. Vina2e, Township ("OTT") means the Northville Township Fire Department, a Municipal and Constitutional Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons' successors. Page 2 2004-0466 Final - Out County FRMS Agreement 3 3. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement., and applicable changes in law, the County shall carry out the following: 3.1. The County shall provide the CVT with the media for the installation of the software required to run FRMS. 3.2. The County shall use its best efforts to address failures of the FRMS 24 hours a day, 7 days a week; failures include problems with the FRMS server, software and OAKNET. 3.3. FRMS failures on workstations that are integrated into the CVT Local Area Network must be reported to the Local System Administrator and CVT technical support must make a good faith effort to diagnose such failures before the County is contacted. In the event the County's assistance is needed, the CVT technical support Must be available to assist the County to resolve such failure. 3.4. The County shall provide training to the CVT and the Local System Administrator(s) concerning FRMS. 3.5. The County shall monitor and audit the CVT's compliance with FRMS security requirements set forth by the FGC. The County may conduct on-site data audits and/or inspections at the CVT to monitor such compliance. The monitoring and auditing of FRMS and OAKNET shall be performed periodically at the discretion of the County, observing CVT policies regarding on-site visit coordination and scheduling. 3.6. If the County receives a Freedom of Information Act ("FOIA") request regarding information that the CVT entered into FRMS, the CVT will be contacted as soon as possible and the FOIA request will be sent to Oakland County Corporation Counsel. The CVT will be forwarded a copy of the FOIA request and the County's response as soon as possible. The County may disseminate any data contained on FRMS to any third party, unless prohibited by law. 3.7. With respect to the performance of this Agreement, the County has the authority to prioritize its resources, including but not limited to, employees, agents, subcontractors, and equipment and determine when services will be provided. 4. CVT RESPONSIBILITIES, 4.1. The CVT shall provide and is solely responsible for the costs associated with the personal computer and printer for the Software to run FRMS. The personal computer must have the following minimum specifications: Pentium Class Machine, 32 m Ram, 50 nib free disk space, 15" monitor, keyboard, mouse, 10/100 network interface card, and Windows 98, 2000 or XP. Page 3 2004-0466 Final - Out County FRIvIS Agreement 4 Windows ME is NOT supported. The personal computers must also have Microsoft Word and Excel, 4.2, The CVT is responsible for all initial, re-occurring, and maintenance costs associated with connecting from the fire station to the OAK.I',IET demark point, as designated by the County, including, but not limited to, circuits, routers, switches, and any related equipment 4.3. The head of the CVT shall designate at least one person to act as the Local System Administrator for FRMS. The Local System Administrator will act as a liaison between the CVT and the County and will be the first point of contact for the CVT regarding FRMS. The Administrator's duties shall include, but not be limited to, the following: (1) identifying FRMS training needs; (2) scheduling FILMS training; (3) FRMS application training; (4) monitoring use of FRMS applications with respect to security issues; (5) act as a point of contact or facilitator for security audits conducted by the County; and (6) assist in the implementation of new programs. 4.4. The CVT shall participate in FRMS training when requested and provided by the County. The CVT shall pay for all costs associated with training not provided by the County, The Local System Administrator shall receive reasonable advanced notice of the FRIvIS training. 4.5. The CVT shall fully cooperate with the County concerning the County's services under this Agreement. 4.6. The CVT may disseminate data that it entered into FRMS to any third party, unless prohibited by law, 4.7. The CVT is solely responsible for entering data into FRMS for its jurisdiction. 4.8. The CVT shall solely ensure that the data entered into FR.MS is accurate and complete. Accurate and complete means that the data does not contain erroneous information, and/or that the CVT shall immediately correct erroneous information upon discovery of any error. To ensure accurate and complete data, the CVT shall conduct regular and systematic audits to minimize the possibility of recording and storing inaccurate or incomplete data. The CVT shall correct or purge inaccurate or incomplete data. 4.9. The CVT shall provide the County access to its facilities for periodic inspection and service of FRMS, observing CVT policies regarding on-site visit coordination and scheduling. 4.10. The CVT shall be responsible for all costs associated with moving such equipment. The CVT shall be responsible for all costs associated with changing, modifying, or moving FRMS connectivity. This section shall not apply if the County requests that the CVT move equipment provided under Page 4 2004-0466 Final - Out County FRMS Agreement this Agreement or requests that the CVT change, modify, or move FRMS connectivity. 5, VIRR COVFNANCE COMMITTEE RESPONSIBILITIES 5.1. The FGC shall provide direction, counsel and recommendations concerning the operation of FRMS. 6. FINANCIAL RESPONSIBLITIES. 6.1. FR1VIS Fees. The CVT shall pay the following fees: a one time cost of S2,800.00 per fire station for the FRMS software license. In addition, The CVT shall pay annual participation fees to the County. In 2009, the fees are: (1) $560.00 per fire station for FRMS software maintenance, and (2) $4,902.00 for the first station participating in FRMS and $1,401.00 for each additional fire station (in accordance with the 2006-2009 fee schedule established by FGC). 6.2. The County shall submit a quarterly invoice to the CVT in a manner prescribed by the County itemizing all amounts due under this Agreement. The CVT shall pay the invoice submitted to the County thirty (30) days after receipt of the invoice. 6.3. Except as provided in this Agreement, the County or CVT is not responsible for any cost, fee, tine or penalty incurred by the other party in connection with this Agreement. 6.4, CVT Failure to Pay 6.4.1. To the maximum extent provided by law, should the CVT fail, for any reason, to timely pay the County the amounts required under this Agreement, upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the CVT), the State of Michigan is authorized to withhold any funds due the CVT from the State, and assign those funds to partially or completely offset any deficiency by the CVT to the County. 6.4.2. To the maximum extent provided by law, should the CVT fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the CVT from any other source of funds due the CVT in the possession of the County, to partially or completely offset any deficiency by the CVT under this Agreement, unless expressly prohibited by law. 6.4,3. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the CVT for the reimbursement of amounts due the County under this Agreement. The Page 5 2004-0466 Final - Out County FRMS Agreement 6 remedies in this paragraph are available to the County on an ongoing and successive basis, as the CVT betomes delinquent in its payments. 7. IBTRI,TION OF INTERLOCAL AGREEMENT. 7.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party. 7.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 9. 8. ASSURANCES. 8.1 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. 8.2. The County is not responsible for any Claims arising directly or indirectly from inaccurate or incomplete entry of information into FRMS by the CVT, its employees, or its agents. 8.3. The County is not responsible for any Claims arising directly or indirectly from misuse of FRMS or the FRMS Software by the CVT, its employees, or its agents. 8.4. Neither the County nor CVT shall be liable for any consequential, incidental, indirect, or special damages in connection with this Agreement. LILAILDLAILI21111L.CANCELLATIONO' F GREEMENT. 9.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. 9.2. Upon termination and cancellation Of this Agreement., the CVT has the right to receive a copy data it entered into FRIvIS. 10. SUSPENSION OF SERVICES. Upon notice to the CVT and the FGC, the County may immediately suspend this Agreement or the CVT's participation in FR/vIS, if the CVT has failed to reasonably comply, within the County's discretion, with federal, state, or local law, or any requirements contained in this Agreement. Upon notice to the CVT and the FGC, the County may immediately disconnect any device that, within the County's discretion, represents a possible security threat, performance impact, or inappropriate usage of the County network or its resources. The right to suspend services is in addition to the right to terminate or cancel this Agreement contained in Section 9. The County shall not incur penalty, expense, or liability if services are suspended under this Section. Page 6 2004-0466 Final - Out County FRMS Agreement 11. 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. 12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, requirements applicable to its activities performed under this Agreement, and all applicable hardware and software licenses relating this Agreement. 13. 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. 14. 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 obligations under this Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. 15. RESERVATION OF RIGHTS. This 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. 16, 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 source, 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. 17. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously agreed to by the Parties and specifically listed herein. 18. nFT.vr TtpistalacilnytACT/ASSIGNMENT. The CVT shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the County. 19. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any tights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver 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. Page 72004-0466 Final - Out County FRMS Agreement 8 20. SEVERABIL1TY. 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 force. 21, 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 shall be deemed the appropriate plurality, gender or possession as the context requires. 22. NOTICES. Notices given under this Agreement 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 (3) three days after mailing first class or certified U.S. mail. 22.1. If Notice is set to the County, it shall be addressed and sent to: Oakland County Department of Information Technology, Manager of CLEM'S Division, 1200 North Telegraph Road, Building #49 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 22.2. If Notice is sent to the CVT, it shall be addressed to: 223. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 23. ‘IPTE131%.111%1CZ 1 AVVirrInFNT 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 in the 6th 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. Page 8 2004-0466 Final - Out County FRMS Agreement 9 24, AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 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. 25, ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supercedes 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. The Parties have taken all 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 temis and conditions contained herein. ; IN WITNESS WHEREOF3-2 ,--/.144G- acknowledges that he/she has been• authorized by a resolution 4f the execute this Agreement on behalf of the CVT. DATEr:"A Nikk / WITNESSED 49/1.) ..1.4c7:77:4?-4.-- DATE: 7-- ..„"?..1--e, IN WITNESS WUIREOF,Bi11 Bul lard J, Chairperson, Oakland County Board of Commissioners,, acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County. DATE: EXECUTED: Bill Bullard Jr, chairperson Oakland County Board of Commissioners WITNESSED: DATE: -Ruth. Johnson, Clerk. Register of Deeds County of Oakland Page 92004-0466 Final - Out County FRMS Agreement 10 RESOLUTION 2009-79 At a regular meeting of the Board of Trustees of the Charter Township of Northville, held on Thursday, June 18, 2009 at 7:30 p.m. at the Northville Township Hall, the following information was provided: WHEREAS: The Northville Township Board of Trustees approved the Michigan Public Safety Communications System Integration Agreement with Northville Township, and WHEREAS: That John Werth, Director of Public Safety, is authorized to sign the aforementioned Agreements. NOW, THEREFORE, BE IT RESOLVED: Upon a motion by Treasurer Henningsen and a second by Trustee Gans to approve the Michigan Public Safety Communications System Integration Agreement with Northville Township, and John Werth, Director of Public Safety, is authorized to sign the aforementioned Agreements. AYES: Abbo, Henningsen, Gans, Roosen NAYS: None ABSENT: Hillebrand, Banner, Herrmann RESOLUTION DECLARED ADOPTED: Sue A. Hillebrand, Clerk of the Charter Township of Northville, County of Wayne, State of Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution of action approved by the Board of Trustees at their regular meeting held on June 18, 2009 at 44405 Six Mile Road. Sue A. Hillebrand, Clerk 11 Oakland County Fire Records Management System Out of County 2006 - 2009 Fee Structure $ 4,200.00 Annual Additional Station Fee $ 1,200.00 2006 Annual Department _Fees 2007 Annual Department Fees $ 4,620.00 Annual Additional Station Fee $ 1,320.00 2008 Annual Department Fees $ 4,759.00 Annual Additional Station Fee $ 1,360.00 2009 Annual Department Fees $ 4,902.00 Annual Additional Station Fee s 1,49 1 .00 Note: This is the first fee increase since the program's inception. Resolution #09184 September 2, 2009 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda. be adopted (with accompanying reports being accepted). AYES: Burns. Capelio. Coleman, Coulte', Douglas, Gershenson, Gingell, Gosselin, Greimel. Hatchett, Jackson. Jacobsen, Long, McGillivray. Middleton, Nash, Potter, Potts, Runestad, Schwartz Scott. Taub, Woodward, Zack, Bullard. (25) 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). I HEREBY APPROVE THE FOREGOING RESOLUTION 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 September 2, 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 2nd day of September, 2009. eat Ruth Johnson, County Clerk