HomeMy WebLinkAboutResolutions - 2013.08.01 - 20933REPORT (MISC . #13191) August 1, 2013
BY: Human Resources Committee, John Scott, Chairperson
IN RE: MR #13191 SHERIFF'S OFFICE — CONTRACT FOR FIRE DISPATCH SERVICES FOR
THE CHARTER TOWNSHIP OF ORION — 2014-2015
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on July 24,
2013, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the
foregoing report.
HUMAN RESPURCES COMMITTEE
HUMAN RESOURCES COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #13191 July 17, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER
TOWNSHIP OF ORION 2014-2015
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 Orion has requested that the Sheriff's Office dispatch fire calls for the
Township, and
WHEREAS the Sheriff's Office is recommending dispatching services per the attached contract between
the County of Oakland and the Charter Township of Orion; and
WHEREAS this contract has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Fire Dispatch Agreement with the Charter Township of Orion.
BE IT FURTHER RESOLVED that one (1) GF/GP Dispatch Specialist position be created in the Sheriff
Emergency Response & Preparedness Division, Communications Unit.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes its Chairperson to
execute and enter into this Amendment on behalf of the County of Oakland.
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 COMMITTEE
Motion carried unanimously on a roll call vote.
FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
CHARTER TOWNSHIP OF ORION
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 Charter Township of Orion, a Michigan Constitutional
and Municipal Corporation, located within Oakland County, whose address is 2525 Joslyn Rd, Lake
Orion, MI 48360 (hereafter the 'MUNICIPALITY"), 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."
VVITN ES SETH
WHEREAS, the MUNICIPALITY is authorized by law to provide fire protection service for its
residents; a
WHEREAS, in order to provide effective fire protection services for its residents, the
MUNICIPALITY must also provide Fire Department communication and dispatch functions; and
WHEREAS, the 0.0.5.0, 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 MUNICIPALITY; and
WHEREAS, the COUNTY and MUNICIPALITY may enter into a contract by which the C.O.S.°.
would provide FIRE DISPATCH SERVICE for MUNICIPALITY; and
WHEREAS, the MUNICIPALITY 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 C.O.S.°. agrees to provide FIRE DISPATCH SERVICE for the "MUNICIPAL 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 C.O.S.°. police communications functions, provide FIRE DISPATCH SERVICE to
MUNICIPAL 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:
2014- 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
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 C.C.S.O. or a COUNTY AGENT
appears to request or require the presence, attention, or services of any MUNICIPAL
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 C.O.S.°. or COUNTY AGENT radio communication, or any attempted radio
communication to any MUNICIPAL FIRE PERSONNEL.
3.2. "MUNICIPAL 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 MUNICIPALITY 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 MUNICIPALITY official, officer,
employee or agent whose job duties may include the receipt of any C.O.S.°. 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. The MUNICIPALITY agrees that under the terms of this Agreement, except for the FIRE
DISPATCH SERVICE( S) expressly contracted for herein, that neither the C.O.S.°. nor any
COUNTY AGENT(S) shall be obligated, in any other way, to provide or assist the MUNICIPALITY
or any MUNICIPAL FIRE PERSONNEL with any other direct, indirect, backup or supplemental
support or police fire or emergency-related services or protection of any kind or nature
whatsoever, or send COUNTY AGENT(S) to respond, in any way, to any call for FIRE
PERSONNEL services.
5. Under all circumstances, the MUNICIPALITY shall remain solely and exclusively responsible for
all costs and/or liabilities associated with providing available on-duty MUNICIPAL FIRE
PERSONNEL to receive and respond to FIRE DISPATCH SERVICE in a timely and
professional manner.
6. The MUNICIPALITY 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 FIRE DISPATCH SERVICES(S) for MUNICIPAL FIRE
PERSONNEL may be unsuccessful and, as a result, FIRE PERSONNEL'S timely response to a
call for FIRE PERSONNEL assistance may not be forthcoming.
2014 — 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 2
7, The MUNICIPALITY agrees that this Agreement does not, and is not intended to, include any
0.C.S.O. warranty, promise, or guarantee of any kind or nature whatsoever concerning the
provision of FIRE DISPATCH SERVICES(S) to the MUNICIPALITY except that the COUNTY
will make a reasonable effort to provide FIRE DISPATCH SERVICE(5) for MUNICIPAL FIRE
PERSONNEL consistent with existing C.O.S.°, communication and dispatch policies,
procedures, orders and standards.
8. This Agreement does not, and is not intended to, obligate or require the C.O.S.°. to change,
alter, modify, or develop any different 0.0.5.0. dispatch related procedures, policies, and/or
standards; purchase or use any special or additional equipment; or, alternatively, prohibit the
0.0.S.O. from implementing any future communication-related changes that the 0.C.S.C., in its
sole judgment and discretion, believes to be in its best interest.
9. MUNICIPALITY shall be solely and exclusively responsible during the term of this Agreement for
guaranteeing that: (a) all MUNICIPAL 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.0. and/or COUNTY AGENT and will comply with all current and future
applicable C.O.S.°. 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 MUNICIPAL 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) the MUNICIPALITY and
all MUNICIPAL 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
MUNICIPAL FIRE PERSONNEL to receive FIRE DISPATCH SERVICE from the 0.0.5,0.
10, The MUNICIPALITY shall be solely and exclusively responsible for all costs, expenses and
liabilities associated with the purchase ; lease, operation, and/or use of any MUNICIPAL FIRE
PERSONNEL radio or other communication equipment. The C.O.S.°. shall not be obligated to
provide MUNICIPAL FIRE PERSONNEL with any radio or other communication equipment of
any kind. MUNICIPALITY 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.
11 The 0.0.5.0, may, at its sole discretion and expense, inspect any MUNICIPAL FIRE
PERSONNEL radio or other communication equipment to ensure that it conforms with applicable
0.0.5.0. dispatching procedures, policies, standards ; technical specifications, and/or state and
federal law. If the inspection reveals a lack of conformance, the C.O.S.°. shall notify the
MUNICIPALITY in writing of the specific violations. The MUNICIPALITY 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 0.0.5,0. within 15 calendar days setting forth a procedure for
correcting the violations. If MUNICIPALITY fails to address and/or correct such violations within
the time period set forth in this paragraph, the 0.0.5.0. may terminate and/or cancel the
Agreement.
12 In consideration of the COUNTY'S promises and efforts under this Agreement, the
MUNICIPALITY agrees to pay to the COUNTY THREE THOUSAND SIX HUNDRED AND
EIGHT DOLLARS AND EIGHTY CENTS ($3,608.80) per month for service for the months of
January 1, 2014 through March 31, 2014 and THREE THOUSAND SIX HUNDRED AND
EIGHTY ONE DOLLARS AND EIGHT CENTS ($3,681.08) per month for service for the months
of April 1, 2014 through March 31, 2015 as follows:
12.1 The COUNTY shall send an invoice to the MUNICIPALITY on the first calendar day of
each month for services rendered the previous month. The MUNICIPALITY shall have 30
2014— 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 3
days from the date of each invoice to make payment. For example, for services rendered
in January of 2014, the COUNTY will bill the MUNICIPALITY on February 1, 2014 and the
MUNICIPALITY shall pay the invoice within 30 days of the invoice date.
12.2 All Monthly payments shall be due and payable by MUNICIPALITY without any further
notice or demand from the COUNTY.
12.3 Each monthly payment shall be made by a check drawn on a MUNICIPALITY 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).
12.4 Each, payment shall clearly identify that it is a monthly payment being made pursuant to
this Agreement and identify the calendar month for which MUNICIPALITY intended the
payment to apply. The COUNTY, in its discretion, may apply any monthly payment
received from MUNICIPALITY to any past due amount or monthly payment then due and
owing to the COUNTY pursuant to this Agreement.
13, If the MUNICIPALITY, for any reason, fails to pay the COUNTY any monies when and as due
under this Agreement, the MUNICIPALITY 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
MUNICIPALITY 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 MUNICIPALITY
to the COUNTY. The MUNICIPALITY 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 MUNICIPALITY'S legal right to dispute whether the underlying
amount retained by the COUNTY was actually due and owing under this Agreement. 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 accumuiated interest are fully paid. Nothing in this Section shall
operate to limit the COUNTY'S right to pursue or exercise any other legal rights or remedies
under this Agreement against MUNICIPALITY 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 MUNICIPALITY 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
MUNICIPALITY 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 MUNICIPALITY.
14. The MUNICIPALITY agrees that all MUNICIPALITY representations, liabilities, payment
obligations and/or any other related obligations provided for in this Agreement with regard to any
acts, occurrences, events, transactions or CLAIMS 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.
2014— 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 4
16. 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 employees or AGENTS 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. 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 subrociated to any indemnification or any other rights
provided under the terms of this Agreement.
20 Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall
be considered employees of the MUNICIPALITY. The COUNTY and/or any COUNTY AGENTS
legal status and relationship to the MUNICIPALITY shall be that of an Independent Contractor.
No MUNICIPAL 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.
21. The MUNICIPALITY and the 0.0.5,0, shall each remain the sole and exclusive employer of each
of their respective employees. The MUNICIPALITY 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.
22 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 0.0.5.0. employment and/or union contract, any level
or amount of supervision, any standard of performance, any sequence or manner of performance,
and/or any 0.0.S.0, rule, regulation, training and education standard, hours of work, shift
assignment, order, policies, procedure, directive, ethical guideline, etc., which shall soiely and
exclusively, govern and control the employment relationship between the C.O.S.C. and/or all
conduct and actions of any COUNTY AGENT.
23. Neither the MUNICIPALITY nor any MUNICIPAL 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.
24. The MUNICIPALITY 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 MUNICIPALITY becomes aware of which involves, in any way, the 0.C.S.O. or
any COUNTY AGENT. The MUNICIPALITY 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.
2014 —2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 5
25 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 12 , 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, 2015. This Agreement may be cancelled for any reason, including the
convenience of any Party, and without any penalty, before its March 31, 2015 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 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. If this Agreement is terminated for any reason, the MUNICIPALITY
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.
26. This Agreement, and any subsequent amendments, shall not become effective prior to approval
by resolution of the COUNTY Board of Commissioners and the MUNICIPALITY'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 MUNICIPALITY Council and shall also
be filed with the Office of the Clerk for the COUNTY and the MUNICIPALITY 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.
27. 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.
28. 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 inumber, possessive or non-possessive, shall be deemed to include the
other whenever the context so suggests or requires.
29. 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.
30 The COUNTY and MUNICIPALITY 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.
31. This Agreement sets forth the entire contract and understanding between the COUNTY and
MUNICIPALITY 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
2014 — 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 6
Commissioners and MUNICIPALITY Governing Body in accordance with the procedures set forth
herein.
32. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations,
administrative rules, requirements applicable to its activities performed under this Agreement.
33. 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.
34. This Agreement, consisting of eight (8) pages, sets forth the entire contract and understanding
between the COUNTY and the MUNICIPALITY and fully supersedes any and all prior contracts,
agreements or over any actual or apparent conflict with any term of condition in such a contract.
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 MUNICIPALITY 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 MUNICIPALITY governing body in accordance with the procedures set
forth herein.
35. 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 MUNICIPALITY
hereby agree and promise to be bound by the terms and provisions of this Agreement.
THIS SECTION INTENTIONALLY LEFT BLANK
2014 — 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 7
IN WITNESS WHEREOF, CHRIS BARNETT. for the CHARTER TOWNSHIP OF ORION, hereby
acknowledges that he or she has been authorized by a resolution of the CHARTER TOWNSHIP OF
ORION MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement
on behalf of THE CHARTER TOWNSHIP OF ORION and hereby accepts and binds the MUNICIPALITY
to the terms and conditions of this Agreement on this day of . 2013.
\AIITIc Pc' CHARTER TOWNSHIP OF ORION,
a Michigan Municipal Corporation
BY
CHRIS BARNETT
Supervisor
BY:
PENNY S. SHULTS
Clerk
IN WITNESS WHEREOF, Michael J. Gingell, 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
2013.
WITNESS: COUNTY OF OAKLAND, a Michigan Municipal
Corporation
BY:
Michael W Gingel!
Chairperson, Oakland County Board of
Commissioners
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 2013.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
Michael J. Bouchard,
Oakland County Sheriff
2014 — 2015 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF ORION
Page 8
Resolution #13191 July 17, 2013
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
FISCAL NOTE M.R. #13191 August 1, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE — CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER
TOWNSHIP OF ORION 2014 - 2015
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. Resolution establishes an agreement for fire dispatch services between the Oakland County
Sheriff's Office and the Charter Township of Orion, beginning January 1, 2014 through March
31, 2015.
2. This is a 15-month contract agreement for fire dispatch services during the period of January
1,2014 through March 31, 2015.
3. The contract rates established for the period of January 1, 2014 through March 31, 2014 will
be billed at $3,608.80 per month; and the period of April 1,2014 through March 31, 2015 will
be billed at $3,681.08 per month.
4. The estimated budget is based on the period of January 1, 2014— September 30, 2014 and
equates to $32,913 for FY 2014; $22,086 for FY 2015 for a total contract value of $54,999.
5. With this contract resolution the Sheriff is requesting the creation one (1) GFGP, FTE
Dispatch Specialist positions in the Emergency Prep., Training and Communications division.
6. The yearly Dispatch expenses for FY 2014 through FY 2015 are increased by $85,364;
7. The FY 2014 through FY 2016 budgets will be amended with the Finance Committee
Recommended Budget phase which includes a pending Sheriff reorganization.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13191 August 1, 2013
Moved by Dwyer Supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
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 APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 August 1,
2013, 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 1 st day of August, 2013.
Lisa Brown, Oakland County