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HomeMy WebLinkAboutResolutions - 2011.01.20 - 10358MISCELLANEOUS RESOLUTION #11020 BY: PUBLIC SERVICES COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: SHERIFF'S OFFICE-CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CITY OF PONTIAC FOR 2011-2012 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 City of Pontiac through the Emergency Financial Manager has requested that the Sheriff's Office dispatch fire calls for the City of Pontiac 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 City of Pontiac; and WHEREAS Corporation Counsel has approved the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Fire Dispatch Agreement with the City of Pontiac. BE IT FURTHER RESOLVED that four (4) GF/GP Dispatch Specialists positions be created in the Sheriff Emergency Response & Preparedness Division, Communications Unit. BE IT FURTHER RESOLVED that that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMM,ITTEE , Commissioner District f. Commissioner District # 1ComMissioner Distpct)# / Comn*sioner District .4 / Commissioner District # Commissioner District # Commissioner District # CoMmissionci District # Commissioner District #. Commissioner Coniissoner District # Commissioner ) Commissioner District # .,, i . District # i -,,,, , ...--- ------- 711,u Commissioner District # ommissióner Commissioner DistAiGt#_ 7-- District # Commissioner Commissioner District # District # 'Commissioner Commissioner District # •-• District # Commis:-;iurier / / Commissioner (-- District g 1 i / District # , / Comrhiss)onts-,r Commissioner Di1rict#f District # 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 Woodward Avenue, Pontiac, Michigan, 48342-2271 (the "CITY"). 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 SHERIFF'S OFFICE" ("O.C.S.0.") WITNESSETH WHEREAS, the CITY 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, the CITY 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 the CITY; and WHEREAS, the COUNTY and CITY may enter into a contract by which the 0.C.S.O, would provide FIRE DISPATCH SERVICE for CITY; and WHEREAS, the CITY 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 "CITY 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 CITY 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 listed 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: 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 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.O. or COUNTY AGENT radio communication, or any attempted radio communication 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 in concert with any of them; or any CITY 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 CITY or any CITY 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 CITY FIRE PERSONNEL services. 5. Under all circumstances, CITY shall remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty CITY 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 0.0 SO. 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 CITY shall be solely and 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.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 CITY 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, FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 2 but not limited, to all Federal Communications Commission orders, regulations, and policies; and (c) CITY and all CITY 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 CITY FIRE PERSONNEL to receive FIRE DISPATCH SERVICE from the 0.0.3.0. 8 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 FIRE PERSONNEL radio or other communication equipment. The 0.C.S.O, shall not be obligated to provide CITY FIRE PERSONNEL with any radio or other communication equipment of any kind. 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, other communications equipment, or property. 9. The 0.C.S.O. may, at its sole discretion and expense, inspect any CITY FIRE PERSONNEL radio or other communication equipment to ensure that it conforms with applicable 0.C.S.0. 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 the CITY in writing of the specific violations. The CITY 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 CITY 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, CITY shall pay the COUNTY $17,846.44 (Seventeen Thousand Eight Hundred Forty Six Dollars and Forty Four Cents) per month for the months of January1, 2011 through March 31, 2011and $18,384.22 (Eighteen Thousand Three Hundred Eighty Four Dollars and Twenty Two Cents) per month for the months of April 1, 2011 through March 31, 2012. 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 15 1h calendar day after this Agreement takes effect and continuing each calendar month thereafter. 10.2 All Monthly payments shall be due and payable by CITY without any further notice or demand from the COUNTY, 10.3 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: 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 CITY intended the payment to apply. The COUNTY, in its discretion, may apply any monthly payment received from CITY to any past due amount or monthly payment then due and owing to the COUNTY pursuant to this Agreement. 11. If the CITY, for any reason, fails to pay the COUNTY any monies when and as due under this Agreement, the CITY agrees that unless expressly prohibited by law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to setoff from any other CITY funds that are in the COUNTY'S possession for any reason. Funds include but are not limited to the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by the CITY to the COUNTY. The CITY waives any CLAIMS against the COUNTY or its Officials for any acts related specifically to the COUNTY'S offsetting or retaining such amounts. This paragraph shall not limit the CITY'S legal right to dispute whether the underlying amount retained by the COUNTY was actually due and owing under this Agreement. FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 3 If the COUNTY chooses not to exercise its right to setoff or if any setoff is insufficient to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid amount. Interest charges shall be in addition to any other amounts due to the County under this Agreement. Interest charges shall be calculated using the daily unpaid balance method and accumulate until all outstanding amounts an accumulated interest are fully paid. Nothing in this Paragraph shall operate to limit the COUNTY'S right to pursue or exercise any other legal rights or remedies under this Agreement against CITY to secure reimbursement of amounts due the COUNTY under this Agreement. The remedies in this Paragraph shall be available to the COUNTY on an ongoing and successive basis if CITY at any time becomes delinquent in its payments. Notwithstanding any other terms and conditions in this Agreement, if the COUNTY pursues any legal action in any court to secure its payment under this Agreement, the CITY agrees to pay all costs and expenses, including attorney's fees and court costs, incurred by the County in the collection of any amount owed by CITY. 12. Each Party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or AGENTS. Further, the CITY agrees that it shall remain solely and completely liable for any and all CLAIMS that either arose or have their basis in circumstances or events occurring before the effective date of this Agreement, including but not limited to, any wage or benefit issues, any collective bargaining obligations, or any other related employment rights or obligations such as worker or unemployment compensation based upon any person's employment by the CITY prior to the effective date of this Agreement. 13. In any CLAIMS 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. 14. 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 employees or AGENTS in connection with any CLAIM. 15. 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. 16. 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. 17. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall be considered employees of the CITY. The COUNTY and/or any COUNTY AGENTS legal status and relationship to the CITY shall be that of an Independent Contractor. No CITY 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. 18, 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 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. FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 4 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 all conduct and actions of any COUNTY AGENT. 20. Neither the CITY nor any CITY 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. 21. The CITY 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 the CITY becomes aware of which involves, in any way, the 0.C.S.O. or any COUNTY AGENT. The CITY 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. 22. 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, 2012. This Agreement may be cancelled 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 to the other signatories to this Agreement, or their successors in office. Such written notice shall provide at least a one hundred eighty (180) 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 180 calendar day notice period. If this Agreement is terminated for any reason, the CITY will fully reimburse the COUNTY for all direct and indirect labor costs incurred by the COUNTY as a result of the Agreement's termination. Such costs include, but are not limited to, unemployment compensation claims made by COUNTY employees hired by the COUNTY to fulfill the terms of this Agreement. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by the COUNTY Board of Commissioners and the duly-appointed Emergency Financial Manager of the CITY or his successor in office, or, if no Emergency Financial Manager is in place, by resolution of the CITY'S Governing Body. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and shall also be filed with the Office of the Clerk for the COUNTY and the CITY 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. 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 FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 5 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 CITY 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. 28. This Agreement sets forth the entire contract and understanding between the COUNTY and CITY 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 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 CITY Board of Trustees in accordance with the procedures set forth herein. 29. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, requirements applicable to its activities performed under this Agreement. 30. 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. 31. 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, Michael F. Stampfler, Emergency Financial Manager for the MUNICIPALITY, hereby acknowledges that he has been authorized by the Municipal Financing Local Government Fiscal Responsibility Act, MCL 141.1201 et seq. and a Contract between himself and the Local Emergency Financial Assistance Loan Board dated June 15, 2010 (a certified copy of which is attached) to execute this Agreement on behalf of the CITY and hereby accepts and binds the CITY to the terms and conditions of this Agreement on this day of 2010. WITNESS. THE CITY OF PONTIAC, a Michigan Municipal Corporation BY: MICHAEL F. STAMPFLER Emergency Financial Manager FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 6 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 hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of , 2010. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: BILL BULLARD, Jr. Chairperson, Oakland County Board of Commissioner IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the OAKLAND COUNTY SHERIFF, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement on this day of , 2010. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff FIRE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC Page 7 .6661.1,ye.16.66,1 36iind 66.6: d 6:6 1666 1.6.4066 66166, N.6:6 61MS asva 33,1. MMNIEIIIIIMMIIIn11111X11 nIII =MOM -:f- =1 IIIMIIIIIIIIMn11111n11•1= I - I 1111B MINIM i I == MIMI= ' OMMIMI _ _ - MIIIMINIIIMME _ 1111NOMINIIIIIIIIIIn1111 1011n1111111 11•111n1111111111111 M111n11111111=11111111n1B111=111 nI1= •11.1.11.111111111.B MMINININIMMIIIIIIIN=M1111111= IIIIIMIIIIIIIInININIIIII IIIIIIIIII 111111=11•11n1111IMIIIIMEMMIIIM ___INIIIMIIMIIMIIIIIIIIIIIIIMMIIMIIIIIIII.MMMIIIIIIIIBIB IIIIMINIIMIIIIIMMI NIMMEM M.M= 1•1111= =MlIl MIIInEll IIIMMIII•11111111111M IIIIIIIIIMI MEWM.111 „„ 111n111=1•1111MIMIN I . 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Min IN1111111nIMIMINI MM. 031 :- IMIZIIEMBEI 1 - --- _ sVr8.=..0.P.61.3 ......INIMI m 04.03 ,,,! 00:00.0 '0,000 1.13.63 — IIIII . - FISCAL NOTE (MISC . #11020) 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 request is to enter into a 13 month contract agreement with the Sheriffs Office for fire dispatch services for the period of March 1, 2011 through March 31, 2012. 2. With this agreement four (4) new GFGP full time eligible FTE Dispatch Specialist positions will be created in the Sheriff's Emergency Preparation Training and Communications Division. 3. The contract rates established for the period of March 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; the period of April 1, 2012 through December 31, 2012 will be billed at $18,384.22 per month, 4. Rates were based on established contract rates. 5. Budget estimates based on fiscal years ending September 30 are $128,690 for 7 months of FY 2011 ($218,997 per annum), $220,611 for FY 2012, and $220,611 for FY 2013. 6. The budget is amended for FY 2011 for seven months of costs for FY 2012- FY 2013 Adopted Budget for annual costs as follows: GENERAL FUND (#10100) Revenue FY 2011 FY 2012 FY 2013 4030501-116230-630539-40420 Dispatch Rev. $128,690 $220,611 $220,611 Total Revenues $128,690 $220,611 $220,611 Sheriff Expenditures 4030501-116230-702010 ERP Salaries $ 86,553 $148,376 $148,376 4030501-116230-722790 " Social Sec. 6,621 11,351 11,351 4030501-116230-722770 " Retirement 28,961 49,647 49,647 4030501-116230-722780 " Hospitalization 15,112 25,906 25,906 4030501-116230-722760 " Group Life 381 653 653 4030501-116230-722750 " Workers Comp 1,073 1,840 1,840 4030501-116230-722810 " Disability 268 460 460 4030501-116230-722820 " Unemployment 381 653 653 4030501-116230-722800 " Dental 1,385 2,374 2,374 4030501-116230-722850 " Optical 78 134 134 4030501-116230-750581 " Uniforms 1,167 2,000 2000, 4030501-116230-712020 " Overtime (13,290) (22,783) (22,783) Total Expenditures $128,690 $220,611 $220,611 FINANCE COMMITTEE Resolution #11020 January 20, 2011 Moved by Runestad supported by Middleton to suspend the rules and vote on Miscellaneous Resolution #11020 — Sheriff's Office — Contract for Fire Dispatch Services for the City of Pontiac for 2011-2012. Vote on motion to suspend the rules: AYES: Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Crawford, Dwyer, Gingell, Greimel, Hoffman. (19) NAYS: Zack, Covey, Gershenson, Hatchett. (4) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11020 - Sheriff's Office — Contract for Fire Dispatch Services for the City of Pontiac for 2011- 2012 carried. Moved by Greimel supported by Woodward the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Woodward the resolution be amended as follows: Motion to add the following BE IT FURTHER RESOLVED paragraphs to the resolution: BE IT FURTHER RESOLVED that this contract shall not become effective unless and until it is approved by a majority of the City of Pontiac's city council members voting 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 dispatch employees all sick payouts, vacation payouts, and other payouts that they are owed. A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Vote on resolution, as is: AYES: McGillivray, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Greimel, Hoffman, Long, Matis. (20) NAYS: Nash, Quarles, Hatchett. (3) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as is, was rir'r`fqd ( I HEREBY APPROVE THE FOREGOING RESOLUTION Au; l c PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) AeLJHbtAK1T73 I, Bill Bullard Jr., 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 January 20, 2011, 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 20 th day of January, 2011. E;u2J2- _Q_ q1• Bill Bullard Jr., Oakland County