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HomeMy WebLinkAboutResolutions - 2010.07.22 - 10120July 7, 2010 MISCELLANEOUS RESOLUTION°10165 BY: PUBLIC SERVICES COMMITTEE, JIM RUNESTAD, VICE CHAIRPERSON IN RE: SHERIFF'S OFFICE-CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER TOWNSHIP OF OAKLAND FOR 2010-2013 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Police and Fire Dispatch services; and WHEREAS the Charter Township of Oakland has requested that the Sheriff's Office dispatch fire calls for the Charter Township of Oakland Fire Department; and WHEREAS the Sheriff's Office, along with the Department of Management & Budget, is recommending dispatching services per the attached contract between the County of Oakland and Charter Township of Oakland; and WHEREAS this contract is for one year longer than the normal dispatch contracts; and WHEREAS Corporation Counsel has approved the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Charter Township of Oakland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unaniMoUsly on a roll call vote with Runestad and Taub absent FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 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 CHARTER TOWNSHIP OF OAKLAND, whose address is 4393 Collins Road, Rochester, Michigan, 48306-1670("CHARTER TOWNSHIP"). In this Agreement, the COUNTY shall be represented by the OAKLAND COUNTY SHERIFF, in his official capacity as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 E., Pontiac, Michigan 48341 (the "SHERIFF"). In this Agreement, whenever the COUNTY and the SHERIFF are intended to be referred to jointly, they shall collectively be referred to as the "OAKLAND COUNTY SHERIFFS OFFICE" ("0.C.S.0.") WITNESSETH WHEREAS, the CHARTER TOWNSHIP is authorized by law to provide fire protection service for its residents; and WHEREAS, in order to provide effective fire protection services for its residents, CHARTER TOWNSHIP must also provide Fire Department communication and dispatch functions; and WHEREAS, the 0.C.S.O. provides police communication and dispatch functions and has the capability to provide fire dispatch but, absent this Agreement, is not obligated to provide "FIRE DISPATCH SERVICE", as defined in this Agreement, for CHARTER TOWNSHIP; and WHEREAS, the COUNTY and CHARTER TOWNSHIP may enter into a contract by which the 0.C.S.O. would provide FIRE DISPATCH SERVICE for CHARTER TOWNSHIP; and WHEREAS, the CHARTER TOWNSHIP has concluded that it is more cost effective to contract for FIRE DISPATCH SERVICE with the 0.C.S.O. than to equip and staff its own fire communication and dispatch center; and WHEREAS, the 0.C.S.O. agrees to provide FIRE DISPATCH SERVICE for the "CHARTER TOWNSHIP FIRE PERSONNEL", as defined in this Agreement, under the following terms and conditions; NOW, THEREFORE, it is mutually agreed as follows: 1. The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its existing 0.C.S.O. police communications functions, provide FIRE DISPATCH SERVICE to CHARTER TOWNSHIP FIRE PERSONNEL. 2. Except as expressly provided for in this Agreement, the Parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party or any civil or legal responsibility, 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 fisted below, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 06.0110 FINAL Page 1 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.0. or a COUNTY AGENT appears to request or require the presence, attention, or services of any CHARTER TOWNSHIP FIRE PERSONNEL to address, respond, or 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.O. or COUNTY AGENT radio communication, or any attempted radio communication to any CHARTER TOWNSHIP FIRE PERSONNEL. 3.2. "CHARTER TOWNSHIP 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 CHARTER TOWNSHIP to provide, supply, support, administer, or direct any fire or emergency related services and/or any persons acting by, through, under, or in concert with any of them; or any CHARTER TOWNSHIP official, officer, employee or agent whose job duties may include the receipt of any 0.C.S.O. FIRE DISPATCH SERVICE. 3.3. "COUNTY AGENT' shall be defined to include the SHERIFF and all COUNTY elected and appointed officials, commissioners, officers, boards, committees, commissions, departments, divisions, employees (including any SHERIFF'S DEPUTY), agents, predecessors, successors, or assigns, (whether such persons act or acted in their personal, representative, or official capacities), and all persons acting by, through, under, or in concert with any of them. COUNTY AGENT as defined in this Agreement shall also include any person who was a COUNTY AGENT at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in his/her previous capacity. 3.4. "CLAIM" shall be defined to include any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which the COUNTY or COUNTY AGENT becomes legally and/or contractually obligated to pay, whether direct, indirect, or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 4. Except for the FIRE DISPATCH SERVICE expressly contracted for herein, the 0.C.S.O. and/or any COUNTY AGENT shall not be obligated to provide or assist CHARTER TOWNSHIP or any CHARTER TOWNSHIP FIRE PERSONNEL with any other direct, indirect, backup, or supplemental support or fire-related service or protection, of any kind or nature, or be obligated to send any COUNTY AGENT to respond, in any way, to any call for CHARTER TOWNSHIP FIRE PERSONNEL services. 5. Under all circumstances, CHARTER TOWNSHIP shall remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty CHARTER TOWNSHIP FIRE PERSONNEL to receive and respond to FIRE DISPATCH SERVICE in a timely and professional manner. 6. This Agreement does not, and is not intended to, obligate or require the 0.C.S.O. to change, alter, modify, or develop any different 0.C.S.O. dispatch related procedures, policies, and/or standards; purchase or use any special or additional equipment; or, alternatively, prohibit the 0.C.S.O. from implementing any future communication-related changes that the 0.C.S.O., in its sole judgment and discretion, believes to be in its best interest. 7 CHARTER TOWNSHIP shall be solely and exclusively responsible, during the term of this FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 06.01.10 FINAL Page 2 06.01.10 FINAL Page 3 Agreement, for guaranteeing that: (a) all CHARTER TOWNSHIP 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.O. 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 CHARTER TOWNSHIP FIRE PERSONNEL will be adequately trained and will 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, but not limited, to all Federal Communications Commission orders, regulations, and policies; and (c) CHARTER TOWNSHIP and all CHARTER TOWNSHIP FIRE PERSONNEL shall, at all times, promptly and properly notify the designated COUNTY AGENT of any on-duty or off-duty status and/or availability or unavailability of CHARTER TOWNSHIP FIRE PERSONNEL to receive FIRE DISPATCH SERVICE from the 0.C.S.O. 8 CHARTER TOWNSHIP shall be solely and exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease, operation, and/or use of any CHARTER TOWNSHIP FIRE PERSONNEL radio or other communication equipment. The 0.C.S.O. shall not be obligated to provide CHARTER TOWNSHIP FIRE PERSONNEL with any radio or other communication equipment of any kind. CHARTER TOWNSHIP shall not be obligated under the terms of this Agreement to supply or provide the 0.C.S.O. with any additional telephones, telephone lines, radios, other communications equipment, or property. 9. The 0.C.S.O. may, at its sole discretion and expense, inspect any CHARTER TOWNSHIP FIRE PERSONNEL radio or other communication equipment to ensure that it conforms with applicable 0.C.S.O. dispatching procedures, policies, standards, technical specifications, and/or state and federal law. If the inspection reveals a lack of conformance, the 0.C.S.O. shall notify CHARTER TOWNSHIP in wilting of the specific violations. CHARTER TOWNSHIP shall address and correct such violations at its own expense within thirty (30) calendar days of receiving the written notice or present a written plan to 0.C.S.O. within 15 calendar days setting forth a procedure for correcting the violations. If CHARTER TOWNSHIP fails to address and/or correct such violations within the time period set forth in this paragraph, the 0.C.S.O. may terminate and/or cancel the Agreement. 10, In consideration of the COUNTY'S promises and efforts under this Agreement, CHARTER TOWNSHIP shall pay the COUNTY $1,490.58 (One Thousand Four Hundred Ninety Dollars and Fifty Eight Cents) per month for the months of 1, 2010 through March 31, 2011, $1,535.50 (One Thousand Five Hundred Thirty Five Dollars and Fifty Cents) per month for the months of April 1, 2011 through March 31, 2012 and $1,612.50 (One Thousand Six Hundred Twelve Dollars and Fifty Cents) per month for the months of April 1, 2012 through March 31,2013. Said payments shall be made as follows: 10.1 Each monthly payment shall be due and payable no later than the 15th calendar day of each calendar month starting on the 15111 calendar day after this Agreement takes effect and continuing each calendar month thereafter. 10.2 All Monthly payments shall be due and payable by CHARTER TOWNSHIP without any further notice or demand from the COUNTY. 10.3 Each monthly payment shall be made by a check drawn on a CHARTER TOWNSHIP account and shall be made payable to the County of Oakland and delivered to the attention of Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-0479, or in any manner directed by the County. 10.4 Each payment shall clearly identify that it is a monthly payment being made pursuant to this Agreement and identify the calendar month for which CHARTER TOWNSHIP intended the payment to apply. The COUNTY, in its discretion, may apply any monthly FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND • payment received from CHARTER TOWNSHIP to any past due amount or monthly payment then due and owing to the COUNTY pursuant to this Agreement. 11. All payment obligations in this Agreement shall be absolute and unconditional and shall not be subject to any set-off, defense, counterclaim, or recoupment for any reason by CHARTER TOWNSHIP. To the maximum extent provided by law, if there is any amount past due under this Agreement, the County has the right to set-off that amount from any amount due to CHARTER TOWNSHIP from the County, including, but not limited to, distributions from the Delinquent Tax Revolving Fund (DTRF). 12. Notwithstanding any other provision in this Agreement, with regard to any actual or alleged 'CLAIM' (as defined above), the parties agree that neither one shall have any rights under this Agreement or any other legal theory or principle (i.e. legal, equitable, or implied indemnification, contribution, subrogation, or other similar right) to be indemnified or reimbursed by the other party of any of its agents for any such 'Claims". 13. Nothing in this Agreement is intended, nor shall it operate, to diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity or character of office including, but not limited to, governmental immunity on behalf of either Party or any of its agents. 14. This Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably or otherwise subrogated to any indemnification or any other rights provided under the terms of this Agreement. 15. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall be considered employees of CHARTER TOWNSHIP. The COUNTY and/or any COUNTY AGENTS legal status and relationship to CHARTER TOWNSHIP shall be that of an Independent Contractor. No CHARTER TOWNSHIP FIRE PERSONNEL shall, by virtue of this Agreement or otherwise, be considered an employee, agent, or working under the supervision and control of the COUNTY and/or any COUNTY AGENT. 16. CHARTER TOWNSHIP and the 0.C.S.O. shall each remain the sole and exclusive employer of each of their respective employees. CHARTER TOWNSHIP and the COUNTY each agree to remain solely and exclusively responsible for the payment of each of their respective employees' wages, compensation, overtime wages, expenses, fringe benefits, pension, retirement benefits, training expenses, or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection and benefits, employment taxes, or any other statutory or contractual right or benefit based, in any way, upon employment. 17. 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 all conduct and actions of any COUNTY AGENT. 18. Neither CHARTER TOWNSHIP nor any CHARTER TOWNSHIP FIRE PERSONNEL shall provide, furnish or assign any COUNTY AGENT with any job instructions, job descriptions, job specifications, or 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. FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 06.01.10 FINAL Page 4 19. CHARTER TOWNSHIP shall promptly deliver to the 0.C,S,O. written notice and copies of any CLAIM, accusation or allegation of negligence or other wrongdoing, whether civil or criminal in nature, that CHARTER TOWNSHIP becomes aware of which involves, in any way, the 0.C.S.O. or any COUNTY AGENT. CHARTER TOWNSHIP shall cooperate with the 0.C.S.O. in any investigation conducted by the SHERIFF of any act or performance of any duties by any COUNTY AGENT. 20. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this Agreement shall become effective during the month specified in paragraph 10, and shall remain in effect continuously until it expires, without any further act or notice being required of any party, at 11:59 P.M. on March 31, 2013. This Agreement may be cancelled for any reason, including the convenience of any Party, and without any penalty, before its March 31, 2013 expiration by delivering a written notice of the cancellation to the other signatories to this Agreement, or their successors in office. Such written notice shall provide at least a ninety (90) calendar days notice of the effective date of cancellation, and such cancellation of this Agreement shall be effective at 11:59 P.M. on the last calendar day of the calendar month following the expiration of the 90 calendar day notice period. 21. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the CHARTER TOWNSHIP Board of Trustees. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CHARTER TOWNSHIP Board of Trustees and shall also be filed with the Office of the Clerk for the COUNTY and the CHARTER TOWNSHIP Clerk. In addition, this Agreement, and any subsequent amendments, shall be filed by a designated COUNTY AGENT with the Secretary of State for the State of Michigan and shall not become effective prior to the filing of this Agreement with the Secretary of State. 22. Any signatory or any signatories' successor in office to this Agreement shall send, by first class mail, any correspondence and written notices required or permitted by this Agreement to each of the signatories of this Agreement, 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. 23. This Agreement is made and entered into in the State of 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 or plural number, possessive or non-possessive, shall be deemed to include the other whenever the context so suggests or requires. 24, 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, power or privilege preclude any other or further exercise of any other right, power or privilege. 25. The COUNTY and CHARTER TOWNSHIP acknowledge that this Agreement shall be binding upon them and, to the extent permitted by law, upon their administrators, representatives, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 26. This Agreement sets forth the entire contract and understanding between the COUNTY and CHARTER TOWNSHIP and fully supersedes any and all prior contracts, agreements or understandings between them in any way related to the subject matter hereof after the effective FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 06.01.10 FINAL Page 5 WITNESS:7, THE CHARTER TOWNSHIP OF OAKLAND, a Michigan Municipal Corporation BY: ogler ervisor date of this Agreement shall remain effective and enforceable for any CLAIM arising or occurring during any prior contract period. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and CHARTER TOWNSHIP Board of Trustees in accordance with the procedures set forth herein. 27. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, requirements applicable to its activities performed under this Agreement. 28. 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. 29. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY and the CHARTER TOWNSHIP hereby agree and promise to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, Joan Fogler, Supervisor, CHARTER TOWNSHIP OF OAKLAND, hereby acknowledges that she has been authorized by a resolution of the Board of Trustees for the CHARTER TOWNSHIP OF OAKLAND (a certified copy of which is attached) to execute this Agreement on behalf of the CHARTER TOWNSHIP OF OAKLAND and hereby accepts and binds CHARTER TOWNSHIP OF OAKLAND to the terms and conditions of this Agreement on this Vi2.1, day of /SuVkt- 2010. 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 )e C rent Agreement on behalf of trUNTY OF OAKLAND and hereby awts and bind UNTY OF OAKLAND to tile termsp d conditions of this Agreement on this day of 2010. COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: 8,tisa_,ALL,Q.C.4440 ? BILL BULLARD, Jr. Chairperson, Oakland County Board of Commissioners FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF OAKLAND 06.01.10 FINAL Page 6 VVITNE BY: • 41 IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the OAKLAND COUNTY SHERIFF, a ichigan Constitutional Office, hereby concurs and accepts the terms and cMis oft grel ent oi this y of 11111!cArlIK,A, , 2010. OAKLAN% COU,n ://SHEffitIFF, /ia Michigan ConstiMVIKD • ZA. ICHA1 . BOUCHARD, Oaklar County Sheriff FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP Page 7 May 5,2010 To: The Charter Township of Oakland From: Oakland County Sheriffs Office Re: Nonbinding Letter of Understanding regarding the provision of Fire Dispatch Services in the Charter Township of Oakland This is a nonbinding Letter of Understanding setting forth, in general terms, the manner by which the Oakland County Sheriffs Office (OCSO) will provide fire dispatch services within the Charter Township of Oakland under the terms of the parties'20 10-2013 Fire Dispatch Service Agreement. To the extent there is conflict between the terms of this Letter of Understanding and the terms of the Fire Dispatch Service Agreement entered into between the parties, the terms of the Fire Dispatch Service Agreement shall prevail. 1. The pricing in the parties Fire Dispatch Service Agreement is 'fixed' based on a 'per run fee' utilizing historical data. For purposes of this Letter of Understanding, a 'run' occurs when the OCSO receives a call for fire or medical services and a Fire Department unit is dispatched to respond. Pricing revisions for subsequent contract years will utilize historical data from the previous years' contract. Increases to per run fee' in excess of historical averages (3% to 5%) shall be justified with appropriate docurnentati on. 2.. The OCSO will work with the Charter Township of Oakland and other departments in the northeast area of the County relative to operational policies and procedures based on best practices. 3. Should it become necessary for the OCSO to support the Charter Township of Oakland during transition, the OCSO will provide support, as needed. Dispatch personnel will be provided at an employee's current rate at straight time. 4. During the first year of the contract, OCSO and Charter Township of Oakland representatives shall meet on a monthly basis to discuss performance issues and concerns, Letter of Understanding regarding the provision of Fire Dispatch Services within the Charter Township of Oakland Page 2 or 2 QA process, and oversight requirements. After the first year, OCSO and Charter Township of Oakland shall periodically meet when and as agreed between the parties. 5. Any issues or complaints received by the OCSO concerning Charter Township of Oakland dispatch services, including 911 calls, shall be immediately forwarded by OSCO to the Charter Township of Oakland representative. 6. The OC:SO agrees to follow their Standard Operating Procedures (SOP) with no less than minimal staff for the Fire Dispatch Positions following NFPA 1221. 7. in certain circumstances during an active call, the Charter Township of Oakland Fire Chief may advise the OCSO dispatch to make immediate operational changes for the specific situation. 8. The Charter Township of Oakland will not be obligated to pay for dispatch services until after the transition of operations to the OCSO has been completed and fire dispatching commences. Any additional equipment that may be assigned shall be identified in a separate list or memorandum to be signed and dated by a representative for each party. Upon termination of this Agreement or upon discontinuation of use of equipment by OCSO, OSCO shall tender back this equipment back to the Charter Township of Oakland. The parties understand that neither of them is bound by this Letter of Understanding but do hereby commit to working together in a professional manner to carry out the terms of their Fire Dispatch Service Agreement. OAKLAND COUNTY SHERIFF'S OFFICE Dated: By: THE CHARTER TOWNSHIP OF OAKLAND Dated: By: " I Resolution #10165 July 7, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #10165) July 22, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER TOWNSHIP OF OAKLAND FOR 2010 - 2013 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 Charter Township of Oakland has requested to enter into contract with the Sheriffs 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 Charter Township of Oakland has requested to enter into a 36 month contract agreement with the Sheriff's Office for fire dispatch services which began April 1, 2010 and will continue through March 31, 2013. 3. This contracted service does not require the addition of any new personnel, and will be performed on an overtime basis. 4. The contract rates established for the period of April 1, 2010 through March 31, 2011 will be billed at $1,490.58 per month or $17,887 annually; the period of April 1, 2011 through March 31, 2012 will be billed at $1,535.50 per month or $18,426 annually; the period of April 1,2012 through March 31, 2013 will be billed at $1,612.50 per month or $19,350 annually. 5. Budget estimates based on fiscal years ending September 30 are $8,944 for FY 2010, $18,156 for FY 2011, $18,888 for FY 2012, and $9,675 for FY 2013, 6. A budget amendment is recommended to the FY 2010 Budget for six months of costs and to the FY 2011 — FY 2013 County Executive Recommended for fiscal year costs as follows: GENERAL FUND (#10100) Revenue FY 2010 FY 2011 FY 2012 4030501-116230-630539-40500 Dispatch Rev. $8,944 $18,156 $18,888 Total Revenues $8,944 $18,156 $18,888 Expenditures 4030501-116230-712020 Overtime $8,944 $18,156 $18,888 Total Expenditures $8,944 $18,156 $18,888 FINANCE COMMITTEE ,--/. FINANCE COMMITTEE Motion carried unanimously on a roll call vote. - .1 ft Resolution #10165 July 22, 2010 Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). Discussion followed. AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Zack, Bullard. (19) NAYS: None. (0) ABSTAIN: Schwartz. (1) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVUHE MEM 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 July 22, 2010, 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 22nd day of July, 2010. t Ruth Johnson, County Clerk