HomeMy WebLinkAboutResolutions - 2010.12.09 - 10039December 9, 2010
REPORT MR # 10296
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE. SHERIFF'S OFFICE — CONTRACT FOR FIRE DISPATCH SERVCIES FOR
THE CITY OF PONTIAC FOR 2011-2012
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #10296 on December
1 ; 2010 reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee. I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE
HUMAN RESOURCES COMMITTEE VOTE
Motion carried on a roll call vote:
Douglas. Middleton, Gosselin and Gingell — yes
Coleman, Hatchett and Jackson — no
Capelio - absent
November 3, 2C10
=CELLP:NEO FZ50L -,-T.;=#10296
EY: ];j2..:,1'2 CCEITIEE, J2X R7;NES'IAD, VICE CHAIRFERSON
IN RE: SHERIFF'S OFFICE-CONTRACT FOR FIRE DISPATCH SERVICES FOR THE
CITY OF PONTIAC FOR 2011-2012
TO THE '.::AFLAND COUNTY BOAR: OF COX=3:ONER
Chairperson, Ladies and ".](ent.I.:-.:men:
WHEFE it iE the policy of thc Oakland Coanty Ecarci of
te enter into dontractual
agrecDehts for -_he r:...2,1pese of Police And Fire Dipatc. .3.1fV1Ce5; alat
-WJEREI; the City of EohLidc throucl.h the Ell=clehcy
AJ7:JT.?r the Sheriff's Offie dt7iplatdn fire dai1 L3 for
tte City Tohtiac Fire Departmcnt; and
Offioe, dieh'4. with tnt Dep)rtment
Y.he,o!ement 1-2utiqet, recommenOl_ng diLTa7:chr_no .ervides t'_'er the
atiched ,201-1*,rdC'L beLweeL the Coahtv ot Oalano, City of Ponticac;
ahd
Corporatioh Co .inoel has apnroved the cittacheO cootradt.
NOW TEEF\EFORE BE IT RESOLVED t:13Z the 0iand Co=ty '3oard of
folhmi.sLfners a -dthories the ChALL-person •t the 3,oard to ent.er :into the
,Jttachod Fire Dispatch )2,grocment with tho City of Eontiac.,
EH F::RTHEE RI.:20LVE2 that fot.,f :ispatch Spoo.ialistE
f:To -Eitioos ore)o.7.i r. the Sheriff Emcru.ency RepenEe Prepredness
TT FURMER REC:CLVEE that the po:.3itit)hs dre donfineof open
rehew,..ti 0: tVe agreemeof_
ch b.thElf of the ?ublic Eervices e:o.:7..ilittee, I :,ove
the aooptioh of
to toreoIhq resoldtion.
iv:co=t -_tee
'Zotion carsiod ._:.naniflehisly on a roll call vote w'th Zack abs,::ht
FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
THE CITY OF PONTIAC
This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan
48341 (the "COUNTY"), and the CITY OF PONTIAC, whose address is 47450 .4foodward Avenue, Pontiac,
Michigan, 48342-2271 (the "CI -Fr). In this Agreement the COUNTY shall be rejitesented by the OAKLAND
COUNTY SHERIFF, in his official capacity as a Michigan Constitutional qffOr,' whose address is 1200 North
Telegrapn Road, Bldg. 38 E., Pontiac, Michigan 48341 (the "SHERIFFlnthis Agreement, whenever the
COUNTY and the SHERIFF are intended to be referred to jointly, they Shall eellectively be referred to as the
"OAKLAND COUNTY SHERIFF'S OFFICE" ("O.C.S.0.")
WITNESSETit;i
WHEREAS, the CITY is authorized by law to provigare' protection service for its raid011s; and
WHEREAS, in order to provide effective fire proteet4tiservices ftritg residents, the dip, must also
provide Fire Department communication and dispatch funatiOes :ar4ir
WHEREAS, the 0.C.S.O. provides polipppepimunication ant*patch functions and has the capability to
provide fire dispatch but, absent this Agreer40,11100 obligated tjert5mide "FIRE DISPATCH SERVICE", as
defined in this Agreement for the CITY; and
WHEREAS, the COUNTY and CITY may en Into a L-445:vti q which he 0.C.S.0. would provide FIRE
WHEREAS, the CITY has ebnclu'iWpat it is rritireet effective to contract fa- FIRE DISPATCH „.
SERVICE with the 0.C.S:0.: than to eqUildAncf staff itWiiWri fire communication and dispatch center and e,e
WHEREAS, the 6:0.$.p. agrees t9,44tkivicie FIRE DISPATCH SERVICE for the "CITY FIRE
PERSONNEL", as defineeNti this Agre*Wetgtirlder the fitAtefing terms and conditions;
"'. 3,17
_s! NOW, TIREFCIPA is mtitU: 04y agreed as follows: eeee-
;ere leen,
iN 711ii COUNTY, witilgie cOoPgrOtion and approval of the SHERIFF, shall, in conjunction with its
existing 0.C.S.0. ebliè4tcomentiii§tions functions, provide FIRE DISPATCH SERVICE to CITY FIRE
'OE1RSONNEL. "F
2. ExCeikas expressly prd'Oed for in this Agreement, the Parties agree that this Agreement does not
and is net intended tie'transfer, delegate, or assign to the other Party or any civil or legal
responsil5ifity,. duty, obligation, duty of care, cost, legal obligation, or liability associated with any
governmental function delegated and/or entrusted to either party under any existing law or
regulations.
3. For all purposes and as used throughout this Agreement, the words and expressions listed
below, whether used in the singular or plural, within or without quotaton marks, or possessive or
nonpossessive, shall be defined, read, and interpreted as follows:
3.1. 'FIRE DISPATCH SERVICE' shall be defined to include: any emergency or non-emergency
telephone call or notice, of any kind, received by the 0.C.S.O., which requests, requires. or, in
the sole judgment of the 0.C.S.O. or a COUNTY AGENT appears to request or require the
presence, attention, or services of any CITY FIRE PERSONNEL to address, respond, or
FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
DISPATCH SERVICE for CITY:reel,
_ .,
Page 1
attend to any issue, event, or circumstance involving public health or safety, an accident. an
accidental injury, the protection of property, or any emergency (including, but not limited to
medical, fire, and/or health), and an 0.C.S.0 or COUNTY AGENT radio communication, or
any cittl ipimh GAIL, ouill+Ilunication to any CITY FIRE PERSONNEL.
3.2. "CITY FIRE PERSONNEL" shall be defined to include: all uniformed, non-uniformed, civilian,
command, volunteer, administrative, and/or supervisory personnel employed and/or
contracted by the CITY to provide, supply, support, administer, or direct any fire or emergency
related services and/or any persons acting by, through, under, or l in concert with any of them;
or any CITY official, officer, employee or agent whose job duties friay include the receipt of
any 0.C.S.O. FIRE DISPATCH SERVICE.
3.3. "COUNTY AGENT' shall be defined to include the sripit : all COUNTY elected and
appointed officials, commissioners, officers, boards,00iiirhitteekcommissions, departments,
divisions, employees (including any SHERIFF'S pErunr), ageHtk predecessors,
successors, or assigns, (whether such persons act or acted in their personal, representative,
or official capacities), and all persons acting topthrough, under, or in -6*ert with any of
them. COUNTY AGENT as defined in this-ftrieement shall also include any who was
a COUNTY AGENT at any time duringthelerm of this Agreement but, for'enx-reason, is no
longer employed, appointed, or elected'itlffis/her previous capacity .,„
• - 3.4. "CLAIM" shall be defined to include any andillipaseS:domplaints, demands for relief,
damages, lawsuits, causes of,action, proceediriggipdgments, deficiencies, penalties, costs
and expenses, including, bt*Viited to reiml*.ement for reasonable attorney fees,
witness fees, court costs, in 4t_itailiv,ilitigation eXPei4sps, amounts paid in settlement,
and/or any other amount for 1.41110 js,4:TY or CMfigy AGENT becomes legally and/or
contractually obligated to pay, *Other dirt4ilneect, olu'dgkequential, whether based upon
any alleged violation of the coneiltOtion (fedaklarState), aiiAtatute, rule, regulation, or the
common law„Ayiki-ia law or 40, tor(l'ob'ntradfititaherwise, and/or whether
commenced-or1Ireater½ed
..W!!
4, Except for the,R4VbiSPATCH'w<VICE expressly contracted for herein, the 0.C.S.0. and/or any
COUNTY AGERtshall not be obajated to proiidilor assist CITY or any CITY FIRE PERSONNEL
with any other 64 inclirect,„Odf* g.supplerii.Stal support or fire-related service or protection,
of any kind or natuf*?*bqMgdtlid:1000,igirly COUNTY AGENT to respond, in any way, to any
call fpoCrIT,Ft RE PERPON NtL
5. Unkier all circtiniOlonces, cgly,phall remain solely and exclusively responsible for all costs and/or
habililies associated with proViding available on-duty CITY FIRE PERSONNEL to receive and
I ilieepond to FIRE DISOATCH 8ERVICE in a timely and professional manner.
6. T114:iewreement does n1 and is not' intended to obligate or require the 0,C.S.0. to change, alter,
rnbtfiN4Ir develop any Went 0.C.S.O. dispatch related procedures, policies, and/or standards;
purchalqi- use any sp04iii or additional equipment; or, alternatively, prohibit the 0.C.S 0. from
implementIng any futKeOmmunication-related changes that the 0.C.S.O., in its sole judgment and
discretion, b'etiOves to=*in its best interest,
7 CITY shall be Soreti'ind exclusively responsible, during the term of this Agreement, for guaranteeing
that: (a) all CITY FIRE PERSONNEL radios and other communication equipment will be properly set,
adjusted, and maintained to receive any FIRE DISPATCH SERVICE from the 0.C.S.O. and/or
COUNTY AGENT and will comply with all current and future applicable 0.C.S.0. dispatching
procedures, policies, standards, technical specifications, and/or any applicable state or federal
communication requirements, including, but not limited, to all Federal Communications Commission
orders, regulations, and policies; (b) all CITY FIRE PERSONNEL will be adequately trained and wil:
comply with all current and future applicable 0.C.S.O. dispatching procedures, policies, standards,
technical specifications and/or any applicable state or federal communication requirements, including,
ARE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
Page 2
19, This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede, or
otherwise affect or control, in any manner, any term or condition of employment of any COUNTY
AGENT, or any applicable 0.C.S.O. employment and/or union contract, any level or amount of
supervision, any standard of performance, any sequence or manner of performance, and/or any
0.C.S.O. rule, regulation, training and education standard, hours of work, shift assignment, order,
policies, procedure, directive, ethical guideline, etc., which shall solely and exclusively, govern and
control the employment relationship between the 0.C.S.O. and/or ail conduct and actions of any
COUNTY AGENT.
20. Neither the CITY nor any CITY FIRE PERSONNEL shall provide„.40ifsh or ass]gn any COUNTY
AGENT with any job instructions, job descriptions, job specificatioeS1:01- Job duties, or, in any manner,
attempt to control, supervise, train, or direct any COUNTY ,AGENT in the performance of any
COUNTY duty or obligation under the terms of this Agreement.-
21. The CITY shall promptly deliver to the 0.C.S.O. written notice and coples;Of any CLAIM, accusation or
allegation of negligence or other wrongdoing, whetheivil or crimin'ailkinature, that the CITY
becomes aware of which involves, in any, way, the q,,c0b. or any COUNT+,WENT. The CITY shall
cooperate with the 0.C.S.O. in any investigatIWConducted by the SHERIFF of any act or
performance of any duties by any COUNTY AgEt#: ,
office. Such written notice shall providkat least'liT6iiiinndreeftlblify (180) calendar days notice of
the effective date of oanellation, and suChipanceatiatiOrO Agreement shall be effective at 11:59
P.M. on the last caleniOn'da0 the calehdar, Torth`follOW14;te expiration of the 180 calendar day
notice period. If tliCiA§rereitjr.iht is terminated 'for any readdn, the CITY will fully reimburse the
COUNTY for al1,400and indirLIabor cosi4Ourred by the COUNTY as a result of the Agreement's
termination: Op costa includ4pt are not li*d to unemployment compensation claims made by
COUNTY empiti*.s hired by tsi*,OUN-TY to fulFl the terms of this Agreement.
ra 23. This Agreement, anc.:4riy, .dpequeraforpliftdreerlts, shall not become effective prior to the approval
by thelpctUNTY Board otabmmissionWEiOtfie duly appointed Emergency Financial Manager of
tp+.3:0(t*i8i:40ibcesON office, or, if no Emergency Financial Manager is in place, by resolution of
lhe'tiTY'S Governing BociV:The approval and terms of this Agreement shall be entered into the
öflicial
• minutes and,proceedingsKthe COUNTY Board of Commissioners and CITY Council and shall
;.'also be filed with the Office of iffle. Clerk for the COUNTY and the CITY Clerk. In addition, this
.AV.reement, and any sii*equent -iiiièndments, shall be filed by a designated COUNTY AGENT with
the'Sépretary of State fdilthe State of Michigan and shall not become effective prior to the filing of this
Agreeent with the Secretary of State.
24. Any signataHApr any itjnatories' successor in office to this Agreement shall send, by first class mail,
any correspaiitjano041d written notices required or permitted by this Agreement to each of the
signatories of tlik4.eement, or any signatories' successor in office, to the addresses shown in this
Agreement Any 'Written notice required or permitted under this Agreement shall be considered
delivered to a party as of the date that such notice is deposited, with sufficient postage, with the U.S.
Postal Service.
25. This Agreement is made and entered into in the State e Michigan and shall in all respects be
interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts
of this Agreement is intended to and, in all cases, shall be construed as a whole, according to its fair
meaning, and not construed strictly for or against any Party. As used in this Agreement, the singular
FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE cm( OF PONTIAC
• -
22 Subject to the following Paragraph, and unleieoganceled as provided for in this Paragraph, this
Agreement shall become effective during the moriffilbecifiN:16 paragraph 10 , and shall remain in
effect continuously until it expires, without any furtheel-bet:Tif notice being required of any party, at
11:59 P.M. on March 31, 2012. This4Agreement may .*;pancelled for any reason, including the
convenience of any Party, and with oean before its41arch 31, 2012 expiration by delivering
a written notice of the cancellation tOtre daijkinatories tAkAgreement, or their successors in
Page 5
or plural number, possessive or non-possessive, shall be deemed to include the other whenever the
context so suggests or requires.
25. Absent an express written waiver, the failure of any party to pursue any right granted under this
Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or
default under this Agreement. No failure or delay on the part of any Party in exercising any right,
power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
any right, powe or privilege preclude any other or further exercise of any other right, power or
privilege.
27. The COUNTY and CITY acknowledge that this Agreement shall poji4iii'ding upon them and, to the
extent permitted by law, upon their administrators, represe*Wit, executors, successors and
assigns, and all persons acting by, through, under, or in concert:1000y of them.
28. This Agreement sets forth the entire contract and understantilhd betw4iithe COUNTY and CITY and
fully supersedes any and all prior contracts, agreement0i§i,understanding*Petween them in any way
related to the subject matter hereof after the effect**te of this AgreerrieAlhall remain effective
and enforceable for any CLAIM arising or occurrincObring any prior contract*bp. This Agreement
shall not be changed or supplemented orally litTO4Agreement may be amended by concurrent
resolutions of the COUNTY Board of Commissidfie:rs and CITY Beard of Trustees in a,ocordance with
the procedures set forth herein. i !!;1
29, Each Party shall comply with all federal, state, ge-peri *al statutes. ordinances, regulations,
administrative rules, requirements applicable to its activffieSiPerformed under this Agreement.
30. If a court of competent jurisdiction tirrds:aliaimpr conclition;:pfil-lis Agreement to be illegal or invalid,
then the term, or condition, shall be clitil*ed severed from thus Agreement All other terms, conditions,
and provisions of this Agreement shall !lain in ?iiif‘te.,.. 3i01 :
II ;- 31. For and in considerafiggierAp,piutual pr6hilises,:priovAili*pts, representations, and agreements
set forth in this AgrsettfAit'atoifor other gefelard valuable botIsideration, the receipt and adequacy
of which is herepOthowledied; the COUNTY the CITY hereby agree and promise to be bound
- by the terms aridOvisions of trifOgreerrientMi
: ..,:• •5; IN WITNESS WHEREOFeMicel K-wrepopziebliEmengency Financial Manager for the MUNICIPALITY,
hereby =4pr/fledges that4;ii* been aiitfaiii4iiiY the Municipal Financing Local Government Fiscal
Resperia5110 1ACtitlyCL 14091 at seq. and a' Contract between himself and the Local Emergency
FinapciOi Assistance than Boait bated June 15, 2010 (a certified copy of which is attached) to execute
fillOgreement on be*Of the CITY:and hereby accepts and binds the CITY to the terms and conditions
of this on 2010.
THE CITY OF PONTIAC,
a Michigan Municipal Corporation
MICHAEL F. STAMPFLER
Emergency Financial Manager
FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE crrY OF PONTIAC
Paw, 6
WITNESS:
iN WITNESS WHEREOF, BILL 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 (a certified copy of which is attached) to execute this amendment to the Current Agreement
on behal of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the
ter ins and conditions of this Agreement on this day of 2010.
WITNESS: COUNTY OF OAKLANO,,,afi/lichigan
Municipal Corporation
BY:
BILI.dALLARD, Jr.
C4Orperson, Oakland County Board of
flimissioner r..
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, iri!1)10).officia;cat:iacity as the OAKLAND COUNTY
SHERIFF, a Michigan Constitutional Office, hereby concurs iocf.:40'epts the terms and conditions of this
Agreement on this day of 2010.
. CCiiiqt,y,
onsti 191cei
SHERIFF, a Michigan
t:Ari01
MICHAEL J. BOUCHARD,
Oakland County Sheriff
FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CM/ OF PONTIAC
Page 7
Resolution #10296 November 3, 2010
The Chairperson referred the resolution to the Human Resources Committee and Finance
Committee. There were no objections.
FY 2012
$220,611
$220,611
FY 2013
$220,611
$220,611
FISCAL NOTE (MISC. #10296) December 9, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR FIRE DISPATCH SERVICES IN THE CITY OF
PONTIAC FOR 2011-2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1 The City of Pontiac has requested to enter into contract with the Oakland County Sheriff's
Office per established policy by the Oakland County Board of Commissioners permitting
entering into contract with townships, villages, and cities for the purpose of providing fire
dispatch services .
2. The City of Pontiac has requestea to enter into a 15 month contract agreement with the
Sheriff's Office for fire dispatch services for the period from January 1, 2011 through
March 31, 2012.
3. With this agreement four (4) new GFGP full time eligible FTE Dispatch Specialist
positions will be created in the Sheriffs Emergency Preparation Training and
Communications Division.
4. The contract rates established for the period of January 1,2011 through March 31. 2011
will be billed at $17,846.44 per month: the period of April 1,2011 through March 31, 2012
will be billed at $18,384.22 per month v the period of April 1. 2012 through December 31,
2012 will be billed at $18,384.22 per month.
5. Budget estimates based on fiscal years ending September 30 are $164,248 for 9 months
of FY 2011 ($218,997 per annum), $220,611 for FY 2012, and $220,611 for FY 2013.
6. A budget amendment is recommended to the FY 2011 Budget for nine months of costs
and to the FY 2012- FY 2013 Adopted Budget for fiscal year costs as follows:
GENERAL FUND (#10100)
Revenue
4030501-116230-630539-40420
FY 2011
Dispatch Rev. $163,845
Total Revenues $163,845
Sheriff Patrol Services Expenditures
4030501-116230-702010
4030501-116230-722790
4030501-116230-722770
4030501-116230-722780
4030501-116230-722760
4030501-116230-722750
4030501-116230-722810
4030501-116230-722820
4030501-116230-722800
4030501-116230-722850
4030501-116230-750581
4030501-116230-712020
Salaries $ 111,282 $148,376 $148,376
Social Sec. 8.513 11,351 11,351
Retirement 37,235 49,647 49,647
Hospitalization 19.430 25,906 25,906
Group Life 490 653 653
Workers Comp 1,380 1.840 1,840
Disability 345 460 460
Unemployment 490 653 653
Dental 1,781 2,374 2,374
Optical 100 134 134
Uniforms 1,500 2,000 2,000
Overtime (18,701) (22,783) (22,783)
Total Expenditures $163,845 $220,611 $220,611
FINANCE COWIMMTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel voting no and Woodward absent.
Resolution #10296 December 9, 2010
Moved by Greimel supported by Coleman the resolution (with fiscal note attached) be adopted.
Moved by Greimel supported by Coleman the Human Resources Committee Report be accepted.
A sufficient majority having voted opposed, the report failed.
Moved by Greimei supported by Coleman the resolution be amended as follows:
BE IT FURTHER RESOLVED that Ms contract shall not become effective unless
and until it is approved by a majority of the City of Pontiac's city council members
voting at an official city council meeting held in accordance with the City of
Pontiac's charter and Michigan's Open Meetings Act (regardless of whether or not
an Emergency Financial Manager is currently appointed).
BE IT FURTHER RESOLVED that this contract shall not become effective unless
and until the City of Pontiac pays current and former Pontiac Police Department
and Fire Department dispatch employees all sick payouts, vacation payouts, and
other payouts, and other payouts that they are owed.
Discussion followed.
A sufficient majority having voted opposed, the amendment failed.
Moved by Coulter supported by Greimel the resolution be amended as follows:
BE IT FURTHER RESOLVED that this contract shall not become effective unless
and until the City of Pontiac pays current and former Pontiac Police Department
and Fire Department dispatch employees all sick payouts, vacation payouts, and
other payouts, and other payouts that they are owed.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Coulter. (1)
NAYS: Scott, Taub, Woodward, Zack, Bullard, Coleman, Douglas, Gershenson, Gingell,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton. Nash, Potts,
Runestad, Schwartz. (20)
A sufficient majority having voted opposed, the resolution (with fiscal note attached), as
amended, was defeated