HomeMy WebLinkAboutResolutions - 2010.05.20 - 10208May 5, 2010
MIScELLANECTTS RESOLUTION 110107
BY: PUBLIC SERVICES COMMITTEE, JEFF FOT:ER, CHAIRPERSON
IN RE: SHERIFF'S OFFICE-CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES
FOR THE CITY OF WIXOM FOR 2010-2012
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Sentlemen:
WER.EAS ft is she poi soy of the Oakland County Board of
Comlfisioners to oermit the Sheriff's Office so enter into contractual
iree7efc_.s for the purpose of Police and Fire S.,ispaten services; and
W".-IEREAS at sho request of the City of Wixom she Sheriff's Off:ce
has been thspatching police and fire calls for the City of Wixor: Polico
and Fire Departments; and
W -HE.7.',EAS Miscellaneous Resolution #05070 established a dispatch
Pont_ract and rates through the Jane 20, 2010; and
WHEREAS the Sheriff's Office, along wish she Department of
MariageentS Budget, is recommending dispatching services per the
ttached contract between the County of Oakland and City of Wixom; and
WHEREAS this contract will bring Nixon in line with all the other
police and fire dispatch contracts with the Sheriff's Office; and
WHEREAS Cerporatfon Counsel has approved the attached contract.
NOW SHERBECRE BE IT RESOLVED that the Oakland County Beard of
Commissioners ai:_horizes the Chairperson of the Board to enter into the::
attached Police and Fire Dispatch Agreement with the City of Wixom.
BE It FURTHER RESOLVED that future level of service, including
tOri C.:TE/GP Dispatch Specialist positions (403C210-C9522 & 09633; be
:ontingent upon level of funding associated with this contract.
Chairperson, on benalf of the Public Services Cormittee, T move
=he adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Services Committee Vote:
Li,dtion carried linanimously on a roll call vote
FISCAL NOTE (MISC. #10107) May 20, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR THE
CITY OF WIXOM FOR 2010 - 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 Wixom has requested to enter into contract with the Sheriffs Office for the
purpose of providing Sheriff dispatch services.
2. The contract agreement is effective July 1, 2010 through March 31, 2012.
3. This resolution continues funding for two (2) Dispatch Specialist positions (4030510-09632 &
09633).
4. The contract rates established for the period of July 1, 2010 through March 31, 2012 total
annual costs of $58,872 for 2010, $120,381 for 2011, and $30,315 for 2012.
5. Budget estimates based on fiscal years ending September 30 are $29,436 for FY 2010,
$119,502 for FY 2011, and $60,630 for FY 2012.
6. A budget amendment is recommended to the FY 2010 Budget for three months of costs in
FY 2010 and to FY 2011 — FY 2012 for annual costs as follows:
GENERAL FUND (#10100)
Revenue
4030501-116230-630539-40500
FY 2010 FY 2011 FY 2012
Dispatch Rev. $29A36 $119,502 $60,630
Total Revenues $29,436 $119,502 $60,630
Expenditures
4030501-116230-702010
4030501-116230-722740
4030501-116230-712020
4030501-116230-750581
Salaries $23,644 $94,576 $47,288
Fringe Benefits 16,754 67,015 33,507
Overtime (11,212) (43,089) ( 21,165)
Uniforms 250 1 ,000 1 ,000
Total Expenditures $29,436 $119,502 $60,630
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF WIXOM
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 (hereafter the "COUNTY"), and the CITY of WIXOM, a Michigan Constitutional and Municipal
Corporation, located within Oakland County, whose address is 49045 Pontiac Trail, Wixom, Michigan 48393-
2567 (hereafter the "CITY"). In this Agreement the COUNTY shall also be represented by the OAKLAND
COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose
address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter 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 SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.0
W1TNESSETH
WHEREAS, the CITY is authorized by law to provide police and fire protection service for residents of
the CITY; and
WHEREAS, in order to provide effective police and fire protection services for its residents, the CITY
also must provide for CITY Police and Fire Department communication and dispatch functions; and
WHEREAS, the OAKLAND COUNTY SHERIFF'S OFFICE (0.0,5.0.) now provides police
communication and dispatch functions and has the capability to provide police and fire dispatch functions but,
absent this Agreement, is not obligated to provide any "POLICE and/or FIRE DISPATCH SERVICE(S)", as
defined in this Agreement, for the CITY; and
WHEREAS, the COUNTY and the CITY may enter into' an contract by which the 0.C.S.O. would
provide POLICE and FIRE DISPATCH SERVICE(S) for the CITY; and
WHEREAS, the CITY has concluded that it is more cost effective for the CITY to contract for POLICE
and FIRE DISPATCH SERVICE(S) with the 0.C.S.O. than to equip and staff its own police and fire
communication and dispatch center; and
WHEREAS, the 0.C.S.O. agrees to provide POLICE and FIRE DISPATCH SERVICE(S) for the
"MY POLICE and FIRE PERSONNEL", as defined in this Agreement, under the following terms and
conditions;
NOW, THEREFORE, in consideration of these premises, and the following promises,
representations, and acknowledgments, 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 POLICE and FIRE DISPATCH
SERVICE(S) to CITY POLICE and FIRE PERSONNEL for the CITY.
2. 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 quotation marks, or possessive or non-
possessive, shall be defined, read, and interpreted as follows:
a. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non-
emergency telephone call or notice, of any kind, received by the 0.C.S.0., which either
requests, requires or, in the sole judgment of the 0.C.S.O. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any CITY
POLICE PERSONNEL to address, respond, or attend to any issue, event, or circumstance
involving public safety, a breach of peace, public health, an accident Or accidental injury, the
protection of property, any emergency (including, but not limited to criminal, medical, fire,
POLICE AND FIRE DISPATCH SERVICE(S) AOAKENEHT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF NIXON
1
07.26.10
health, civil disputes, and/or civil infractions), which results in any 0.C.S.O. or designated
COUNTY AGENT(S) radio communication, or any attempted radio communication to any
CITY FIRE PERSONNEL.
b. "CITY POLICE PERSONNEL" shall be defined to include: any and all uniformed, non-
uniformed, civilian, command, volunteer, administrative and/or supervisory personnel
employed and/or contracted with by the CITY either to provide, supply, support, administer,
or direct any CITY police or law enforcement services and/or any persons acting by, through,
under, or in concert with any of them; or any other CITY official, officer, employee or agent
whose CITY job duties may include the receipt of any 0.C.S.O. POLICE DISPATCH
SERVICE(S).
c. "FIRE DISPATCH SERVICE(S)" 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 either
requests, requires or, in the sole judgment of the 0.C.S.O. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any CITY
FIRE PERSONNEL to address, respond, or attend to any issue, event, or circumstance
involving public health or safety, an accident or accidental injury, the protection of property,
any emergency (including, but not limited to medical, fire, and/or health), which results in any
0.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio
communication to any CITY FIRE PERSONNEL
d. "CITY FIRE PERSONNEL" shall be defined to include: any and all uniformed, non-uniformed,
civilian, command, volunteer, administrative and/or supervisory personnel employed and/or
contracted with by the CITY either to provide, supply, support, administer, or direct any CITY
fire or emergency related services and/or any persons acting by, through, under, or in
concert with any of teem; or any other CITY official, officer, employee or agent whose CITY
job duties may include the receipt of any 0.C.S.0, FIRE DISPATCH SERVICE(S).
e. "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 cots, 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.
"COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF Michael J. Bouchard, and any and elf other COUNTY elected and appointed
officials, commissioners, officers, boards, committees, commissions, departments, divisions,
volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES),
agents, representatives, contractors, predecessors, successors, assigns, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and any and all persons acting by, through, under, or in concert with any of teem.
COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a
COUNTY AGENT(S) 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.
"CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and
costs and expenses, including, but not limited to, any reimbursement for reasonable attorney
fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, or any other amount for which either party becomes legally and/or contractually
obligated to pay, or any other liabilities of any kind whatsoever 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.
POLICE AND FIRE DISPATCH SERVICE(S) AORESMENT
BETWEEN THE COUNTY OP OAKLAND
AND
THE CITY OF NIXON
2
07.26.10
3. The CITY agrees that under the terms of this Agreement, except for the POLICE and FIRE
DISPATCH SERVICE(S) expressly contracted for herein, the 0.C.S.O. and/or any COUNTY
AGENT(S) shall not be obligated, in any other way, to provide or assist the CITY or any CITY
POLICE and FIRE PERSONNEL with any other direct, indirect backup, or supplemental support or
police or fire or emergency-related service or protection, of any kind or nature whatsoever, or
required to send any COUNTY AGENT(S) to respond, in any way, to any call for CITY POLICE and
FIRE PERSONNEL services.
4. The CITY agrees that it shall, at all times and under all circumstances, remain solely and exclusively
responsible for all costs and/or liabilities associated with providing available on-duty CITY POLICE
and FIRE PERSONNEL to receive and respond to any 0.C.S.O. or designated COUNTY AGENT(S)
POLICE and FIRE DISPATCH SERVICE(S) in a timely and professional manner.
5. The CITY acknowledges that there may be circumstances when, despite all reasonable 0.C.S.O. or
COUNTY AGENT(S) efforts, an 0.C.S.O. or COUNTY AGENT(S) attempt to communicate or
provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNEL may
be unsuccessful arid, as a result, CITY POLICE and FIRE PERSONNEL'S timely response to a call
for CITY POLICE and FIRE PERSONNEL assistance may not be forthcoming.
6. The CITY agrees that this Agreement does not, and is not intended to, include any 0.C.S.O.
warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision of
POLICE and FIRE DISPATCH SERVICE(S) to the CITY except that the COUNTY will make a
reasonable effort to provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE
PERSONNEL consistent with existing 0.C.S.O. communication and dispatching policies, procedures,
orders, and standards.
7, The CITY agrees that under the terms of this Agreement the CITY shall be solely and exclusively
responsible for all costs, expenses and liabilities associated with the purchase, lease, operation,
and/or use of any CITY POLICE and/or FIRE PERSONNEL radio or other communication equipment,
and that the 0.C.S.O. shall not be obligated to provide any CITY POLICE anWor FIRE PERSONNEL
with any radio or other communication equipment of any kind. Similarly, the COUNTY agrees that
the CITY 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, or other communications equipment or
property.
8. The CITY agrees that 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 dispatch related codes, policies, practices
or procedures; 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
judgment and discretion, believes to be in its best interest.
9, The CITY agrees that it shall be solely and exclusively responsible, during the term of this
Agreement for guaranteeing that: (a) all CITY POLICE and ARE PERSONNEL radios and/or other
communication equipment will be property set and adjusted to receive any POLICE and/or FIRE
DISPATCH SERVICE(S) from the 0.C.S.O. and/or COUNTY AGENT(S) and otherwise maintained in
full and proper working order; (b) all CITY POLICE and FIRE PERSONNEL will be adequately trained
and will comply with all applicable 0.C.S.O. communications codes, practices, policies and
procedures, as well as any applicable state or federal (FCC) communication requirements; (c) the
CITY and all CITY POLICE and FIRE PERSONNEL shall, at all times, promptly and properly notify
the designated COUNTY AGENT(S) of any on-duty or off-duty status and/or availability or
unavailability of CITY POLICE and FIRE PERSONNEL to receive POLICE and/or FIRE DISPATCH
SERVICE(S) from the 0.C.S.O.: and (d) all CITY POLICE and FIRE PERSONNEL radio and
communication equipment, policies, practices and procedures shall conform to those of the 0.C.S.O.
as they now exist or may be changed in the future.
10. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective on July 1, 2010, 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,
POLICE AND F/RE DISPATCH SERVICE(S) AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF WIXOM
3
07.26.10
2012. Either the COUNTY, the SHERIFF, or the CITY may cancel this Agreement, for any reason,
including the convenience of any party, and without any penalty, before its March 31, 2012, expiration
by delivering a written notice of the cancellation of this Agreement to the other signatories to this
Agreement, or their successors in office. Such written notice shall provide at least a ninety (90)
calendar day 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.
11. 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 CITY Council. The
approval and terms of this Agreement shall be entered into the official minutes and proceedings of
the COUNTY Board of Commissioners and UTY Council and also shall be filed with the Office of the
Clerk for the COUNTY and the CITY. In addition, this Agreement, and any subsequent amendments,
shall be filed by a designated COUNTY AGENT(S) 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.
12. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY agrees to
pay to the COUNTY NINE THOUSAND EIGHT HUNDRED TWELVE ($9,812.00) per month for
service for the months of July 1, 2010 through March 31, 2011 and TEN THOUSAND ONE
HUNDRED FIVE ($10,105.00) per month for service for the months of April 1, 2011 through March
31, 2012 as follows: :
a. The COUNTY shall send an invoice to the CITY on the first calendar day of each month for
services rendered the previous month. The CITY shall have 30 days from the date of each
invoice to make payment. For example, for services rendered in July of 2010, the COUNTY
will bill the CITY on August 1, 2010 and the CITY shall pay the invoice within 30 days of the
invoice date.
b. All Monthly payments shall be due and payable by the CITY without any further notice or
demand from the COUNTY.
c. Each monthly payment shall be made by a check drawn on a CITY account and shall be
made payable to the County of Oakland and delivered to the attention of: Mr. Andy Meisner,
Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-0479 (or such other
person as the COUNTY may from time to time designate in writing).
d. Each such payment shall clearly identify that it is a monthly payment being made pursuant to
this Agreement and identify the calendar month for which the CITY intended the payment to
apply. The CITY agrees that the COUNTY, in its discretion, may apply any monthly payment
received from the CITY to any past due amount or monthly payment then due and owing to
the COUNTY pursuant to this Agreement.
13. Should the CITY fail, for any reason, to timely pay the County the amounts required under this
Agreement, the CITY agrees that 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
CITY), the State of Michigan is authorized to withhold any funds due the CITY from the state, and
assign those funds to partially or completely offset any deficiency by the CITY to the COUNTY. Such
funds shall be paid directly to the COUNTY. Further, the CITY waives any claims against the State or
COUNTY, or their respective officials, for any such amounts paid to the County. Should the CITY 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 CITY from Delinquent Tax
Revolving Fund ("DTRF`) or any other source of funds due the CITY in the possession of the
COUNTY, to partially or completely offset any deficiency by the CITY, unless expressly prohibited by
law. Such a transfer shall be considered an assignment by the CITY to the COUNTY. Further, the
CITY waives any claims against the COUNTY, or its officials, for any such amounts paid to the
COUNTY. Nothing in this paragraph shall operate to limit in any way the COUNTY'S right to pursue
any other legal remedies against the CITY for the reimbursement of amounts due the COUNTY
POLICE AND FIRE DISPATCH SERVICEAS) AGREEMENT
BETWEEN THE COUNTY OF 0AILLAND
AND
THE CITY OF WIXOM
4
07.26_10
under this Agreement. The remedies in this paragraph are available to the COUNTY on an ongoing
and successive basis, as the CITY becomes delinquent in its payments.
14 The CITY agrees that all CITY representations, liabilities, payment obligations, and/or any other
related obligations provided for in this Agreement with regard to any acts, occurrences, events,
transactions, or CLAIM(S), either occurring or having their basis in any events or transactions that
occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or
expiration of this Agreement. The parties agree that the expiration, cancellation, or termination of this
Agreement shall be without prejudice to any rights or claims of either party against the other and shall
not relieve either party of any obligations which, by their nature, survive expiration or termination of
this Agreement.
15 Each Party shall be responsible for any CLAIM made against that Party and for the acts of its
Employees or Agents.
18 In any CLAIM that may arise from the performance of this Agreement, each Party shall seek its own
legal representation and bear the costs associated with such representation, including any attorney
fees.
17. Except as otherwise provided in this Agreement, neither Party shall have any right under any legal
principle to be indemnified by the other Party or any of its agents or employees in connection with any
CLAIM.
18. 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. Nothing in this Agreement shall be construed as a waiver of governmental immunity for
either Party.
19. The CITY and the COUNTY agree that neither the COUNTY nor any COUNTY AGENT(S), by virtue
of this Agreement or otherwise, shall be considered or asserted to be employees of the CITY and
further agree that, at all times and for all purposes under the terms of this Agreement, the COUNTY
and/or any COUNTY AGENT(S) legal status and relationship to the CITY shall be that of an
Independent Contractor. The parties also agree that no CITY POLICE and FIRE PERSONNEL or
any other CITY employee shall, by virtue of this Agreement or otherwise, be considered or asserted
to be an employee, agent, or working under the supervision and control of the COUNTY and/or any
COUNTY AGENT(S).
20. The CITY and the COUNTY agree that, at all times and for all purposes relevant to this Agreement,
the CITY and the 0.C.S.O. shall each remain the sole and exclusive employer of each of their
respective employees. The CITY 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 or 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(s) and benefits,
employment taxes, or any other statutory or contractual right or benefit based, in any way, upon
employment of any COUNTY AGENT(S) or any CITY POLICE and/or FIRE PERSONNEL or any
other CITY employee.
21. 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(s) or condition(s) of employment of any
COUNTY AGENT(S), any applicable 0.C.S.O. employment and/or union contract(s), any level(s) or
amount(s) of supervision, any standard(s) of performance, any sequence or manner of performance,
and/or any 0.C.S.O. rule(s), regulation(s), training and education standard(s), hours of work, shift
assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), 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(S).
22. The CITY agrees that neither the CITY nor any CITY POLICE and FIRE PERSONNEL shall provide,
furnish or assign any COUNTY AGENT(S) with any job instructions, job descriptions, job
POLICE AND FIRS DISPATCH SERvICE(S) AGREEMENT
BETWEEN THE coUNTY OF OAKLAND
AND
THE CITY OF NIXON
5
07.76,1a
specifications, or job duties, or, in any manner, attempt to control, supervise, train, or direct any
COUNTY AGENT(S) in the performance of any COUNTY or COUNTY AGENT(S) duty or obligation
under the terms of this Agreement
23. The CITY agrees that it shall promptly deliver to the 0.C.S.O. written notice and copies of any
CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other
wrongdoing, whether civil or criminal in nature, that the CITY becomes aware of which involves, in
any way, the 0.C.S.O. or any COUNTY AGENT(S). The CITY agrees to cooperate with the 0.C.S.O.
in any investigation conducted by the SHERIFF of any act(s) or performance of any duties by any
COUNTY AGENT(S).
24. 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.
25 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.
26 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.
27. The COUNTY and the CITY acknowledge that this Agreement shall be binding upon each of 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.
28. The CITY acknowledges that it has reviewed all of its current or proposed contracts, including any
and all labor or union contracts with any CITY POLICE OR FIRE PERSONNEL, and hereby warrants
that the CITY does not have and will not have at any time during the term of this Agreement, any
other contractual agreements that will in any manner restrict, interfere with, or prohibit the CITY and
any CITY POLICE OR FIRE PERSONNEL, or any other person from complying with the CITY'S
obligations and duties as set forth in this Agreement and/or the CITY POLICE OR FIRE DISPATCH
SERVICES as described herein. The CITY further agrees that the CITY'S obligation to indemnify the
COUNTY and/or any COUNTY AGENT(S), and that the provisions of Paragraphs 14, 15, and 16 of
this Agreement, will apply if the COUNTY and/or COUNTY AGENT(S) are brought into any labor
dispute between the CITY and any of its bargaining units or other labor organizations as a result of
CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. The term labor dispute
shall include, but not be limited to, unfair labor practices, actions for breach of contract, or any other
labor dispute arising as a result of CITY POLICE OR FIRE DISPATCH SERVICES being provided to
the CITY.
29. This Agreement, consisting of seven (7) pages, sets forth the entire contract and understanding between
the COUNTY and the CITY and fully supersedes any and all prior contracts, agreements or over any
actual or apparent conflict with any term or condition in such a lease. It is further understood and agreed
that the terms of this Agreement are contractual and are not a mere recital and that there are no other
contracts, understandings, or representations between the COUNTY and the CITY in any way related to
the subject matter hereof, except as expressly stated herein. 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 the CITY Council in accordance with the procedures set forth herein.
POLICE AND FIRE DISPATCH SEEVICE(SJ AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF WIXOM
6
07.26.10
WITNESSES: CITY OF WIXOM,
a Michigap Munipipaipor5
BY: e et (6 L_L.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
ConstiS4,71.0)ce r
/fr'<ad BY:
Michael J. Boitchard,
Oakland County Sheriff
30. 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 CITY hereby agree and promise to be bound by the
terms and provisions of this Agreement
IN WITNESS WHEREOF, KEVIN HINKLEY, Mayor, for the CITY OF WIXOM, hereby acknowledges that
he has been authorized by a resolution of the WIXOM City Council (a certified copy of which is attached) to
execute this Agreement on behalf of THE CITY OF WIXOM and hereby accepts and binds the CITY OF VVIXOM
to the terms and conditions of this Agreement on this r HA. day of ecr,c.," s t , 2010.
e Ova. tat7 C
311-0-44-- AJ144.1-4
1-1,6,44/ 6A7 vr)t-
KEVIN HINKLEY
Mayor
- BY:
c*
,,..;lie
IN A KIRBY 17.
Clerk
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
behalf of the COUNTY OF OAKLAND and heNby accepts and binds the COUNTY OF OAKLAND to the terms
and conditions of this Agreement on this VV". day of cA.ocktr,k , 2010.
WITNESS: COUNTY OF OAKLAND, a Michigan Municipal
Corporation
BY: k.)112.4 24
Bill Bullard, Jr.,
Chairperson, Oakland County Board of
Commissioners
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the OAKLAND COUNTY
SHERIFF, a Michiga/konstitutionalfpffice, her luy concurs and accepts the terms and conditions of this
Agreement on this Lg day of /714 /VI , 2010.
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT
BETWEEN THE COUNTY OF °ARLAND
AND
THE CITY OP WIXOM
7
07.26.10
Resolution #10107 May 5,2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #10107 May 20,2010
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, Capella, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greinnel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub,
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).
I HEREBY APPROVWHE FORENI NG RESOLUTION
cS"/,,s--/
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 May 20,
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 20th day of May, 2010.
Gat
Ruth Johnson, County Clerk