HomeMy WebLinkAboutResolutions - 2015.03.18 - 21734MISCELLANEOUS RESOLUTION #15035 February 18, 2015
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — FIRE DISPATCH SERVICES AGREEMENT WITH THE CHARTER
TOWNSHIP OF LYON, APRIL 1, 2015-MARCH 31, 2018
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriffs Office to
enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
the Charter Township of Lyon for dispatch services ; and
WHEREAS the Charter Township of Lyon has requested Fire Dispatch services from the Oakland County
Sheriff for the period April 1, 2015 to March 31, 2018; and
WHEREAS the Charter Township of Lyon has agreed to the attached contract which incorporates the
current fire dispatch rates as established by the Oakland County Board of Commissioners; and
WHEREAS Corporation Counsel has reviewed the attached contract and is in agreement.
NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners hereby
approves and agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office
2015-2018 Fire Dispatch Services Agreement with the Charter Township of Lyon.
BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S
OFFICE 2015-2018 FIRE DISPATCH SERVICES AGREEMENT from the Charter Township of Lyon
accompanied by a certified copy of the resolution of their respective governing body accepting the Agreement, and
upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of
Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of
Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above
Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of the
community's governing body resolution approving same, the Oakland County Clerk shall file a copy of the final,
executed 2015-2018 FIRE DISPATCH SERVICE AGREEMENT with the Secretary of State.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
2015-2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND THE CHARTER TOWNSHIP OF LYON
This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan
48341 (the "COUNTY"), and the CHARTER TOWNSHIP OF LYON whose address is 58000 Grand River
Avenue, New Hudson, Michigan 48165 (the "MUNICIPALITY"). 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 MUNICIPALITY is authorized by law to provide fire protection service for its residents;
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.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 MUNICIPALITY; and
WHEREAS, the COUNTY and MUNICIPALITY may enter into a contract by which the 0.C.S.O. 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 0.C.S.O. 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 0.C.S.O. 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:
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 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
2015-2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
Page 1 of 7
medical, fire, and/or health), and an 0.C.S.O. 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 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. The MUNICIPALITY agrees that under the terms of this Agreement, except for the FIRE DISPATCH
SERVICE(S) expressly contracted for herein, that neither the 0.C.S.O. 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.
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(S) for MUNICIPAL FIRE PERSONNEL
consistent with existing 0.C.S.O. communication and dispatch policies, procedures, orders and
standards.
8. This Agreement does not, and is not intended to, obligate or require the 0.C.S.O. to change, alter,
modify, or develop any different 0.C.S.O. dispatch related procedures, policies, and/or standards;
purchase or use any special or additional equipment; or, alternatively, prohibit the 0.C.S.O. from
implementing any future communication-related changes that the 0.C.S.O., in its sole judgment and
discretion, believes to be in its best interest.
2015 2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
Page 2 of 7
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.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 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.C.S.O.
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 0.C.S.O. 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.C.S.O. 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.C.S.O.
dispatching procedures, policies, standards, technical specifications, and/or state and federal law. If
the inspection reveals a lack of conformance, the 0.C.S.O. shall notify 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.C.S.O. 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.C.S.O. may terminate and/or cancel the Agreement.
12, In consideration of the COUNTY'S promises and efforts under this Agreement, MUNICIPALITY shall
pay the COUNTY $2,737.60 per month for the months of April 1, 2015 through March 31, 2016,
$2,873.81 per month for the months of April 1, 2016 through March 31, 2017 and $3,007.98 per
month for the months of April 1, 2017 through March 31, 2018. Said payments shall be made 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 days
from the date of each invoice to make payment. For example, for services rendered in July of
2017, the COUNTY will bill the MUNICIPALITY on August 1, 2017 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.
2015 — 2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
Page 3 of 7
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 accumulated 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.
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 subrogated 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
2015 — 2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
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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.C.S.O. 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.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.
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.
25. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective April 1, 2015 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, 2018. This
Agreement may be cancelled for any reason, including the convenience of any Party, and without any
penalty, before its March 31, 2018 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
2015 —2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
Page 5 of 7
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 US.
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 number, 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 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 seven (7) 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.
2015 — 2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
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IN WITNESS WHEREOF, Lannie Young, Supervisor of the Charter Township of Lyon, hereby acknowledges
that he or she has been authorized by resolution of the Charter Township of Lyon Board of Trustees (a
certified copy of which is attached) to execute this Agreement on behalf of the Charter Township of Lyon and
hereby accepts and binds the Township to the terms and conditions of this Agreement on this day of
, 2015.
THE CHARTER TOWNSHIP OF LYON,
WITNESS: a Michigan Municipal Corporation
BY:
LANNIE YOUNG
Supervisor
BY:
MICHELE CASH
Clerk
IN WITNESS WHEREOF, Michael Gingell, 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 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 , 2015.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
Michael Gingell, 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 , 2015.
WITNESS: OAKLAND COUNTY SHERIFF,
a Michigan Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
2015— 2018 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CHARTER TOWNSHIP OF LYON
Page 7 of 7
Resolution #15035 February 18, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
(F711n1'
FISCAL NOTE (MR. #15035) March 18, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE — FIRE DISPATCH SERVICES AGREEMENT WITH THE CHARTER
TOWNSHIP OF LYON, APRIL 1, 2015 - MARCH 31, 2018
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 a three-year agreement for fire dispatch services between the
Oakland County Sheriff's Office and the Charter Township of Lyon; beginning April 1, 2015
through March 31, 2018.
2. The Fire Dispatch contract rates established for the period of April 1, 2015 through March 31,
2016 is $26.73 per call or $32,851 annually; $28.06 per call or $34,486 annually for the
period of April 1, 2016 through March 31, 2017, and $29.37 per call or $36,096 annually for
the period of April 1, 2017 through March 31, 2018.
3. The effect of the annual revenue and expenses for these contracts are reflected in the budget
amendment for FY 2015, FY 2016, and FY 2017 on the fiscal note (M.R. #15027) titled
SHERIFF'S OFFICE — ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES —
APRIL 1,2015 THROUGH MARCH 31, 2018.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Quarles absent.
Resolution #15035 March 18, 2015
Moved by KowaII supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (21)
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).
2/2 XJ -
II HEREBY APPROVE THIS REsounlok
CHIEF DEPUTY COUNTY EXEGor
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 March 18,
2015, 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 18th day of March 2015.
Lisa Brown, Oakland County