HomeMy WebLinkAboutResolutions - 2015.03.18 - 21748MISCELLANEOUS RESOLUTION # 15048 February 18, 2015
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — POLICE AND FIRE DISPATCH SERVICES AGREEMENT WITH CITY
OF WIXOM, 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
City of Wixom for dispatch services ; and
WHEREAS the City of Wixom has requested Police Dispatch and Fire Dispatch services from the Oakland
County Sheriff for the period April I, 2015 to March 31, 2018; and
WHEREAS the City of Wixom has agreed to the attached contract which incorporates the current police
and 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 Police and Fire Dispatch Services Agreement with the City of Wixom.
BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S
OFFICE 2015-2018 POLICE AND FIRE DISPATCH SERVICES AGREEMENT from the City of Wixom
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 POLICE AND 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.
2016-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF WIXOM
This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan
48341 (hereafter the "COUNTY"), and the City of Wixom, a Michigan Constitutional and Municipal
Corporation, located within Oakland County, whose address is 49045 Pontiac Trail, Wixom, Michigan 48393-
2567 (hereafter the "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 1200 North Telegraph Road, Bldg. 38 E., 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."
WITNESSETH
WHEREAS, the MUNICIPALITY is authorized by law to provide police and fire protection service for
residents of the MUNICIPALITY; and
WHEREAS, in order to provide effective police and fire protection services for its residents, the
MUNICIPALITY also must provide for MUNICIPAL Police and Fire Department communication and dispatch
functions; and
WHEREAS, the OAKLAND COUNTY SHERIFF'S OFFICE (0.C.S.0.) now provides police
communication and dispatch functions and has the capability to provide police and fire dispatch functions but,
absent this Agreement, is not obligated to provide any "POLICE and/or FIRE DISPATCH SERVICE(S)", as
defined in this Agreement, for the MUNICIPALITY; and
WHEREAS, the COUNTY and the MUNICIPALITY may enter into an contract by which the 0.C.S.O.
would provide POLICE and FIRE DISPATCH SERVICE(S) for the MUNICIPALITY; and
WHEREAS, the MUNICIPALITY has concluded that it is more cost effective for the MUNICIPALITY
to contract for POLICE and FIRE DISPATCH SERVICE(S) with the 0.C.S.O. than to equip and staff its own
police and fire communication and dispatch center; and
WHEREAS, the 0.C.S.O. agrees to provide POLICE and FIRE DISPATCH SERVICE(S) for the
"MUNICIPAL POLICE and FIRE PERSONNEL", as defined in this Agreement, under the following terms and
conditions;
NOW, THEREFORE, in consideration of these premises, and the following promises,
representations, and acknowledgments, it is mutually agreed as follows:
1. The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its
existing 0.C.S.O. police communications functions, provide POLICE and FIRE DISPATCH
SERVICE(S) to POLICE and FIRE PERSONNEL for the MUNICIPALITY.
2. For all purposes and as used throughout this Agreement, the words and expressions listed below,
whether used in the singular or plural, within or without quotation marks, or possessive or non-
possessive, shall be defined, read, and interpreted as follows:
a. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non-
emergency telephone call or notice, of any kind, received by the 0.C.S.O., which either
requests, requires or, in the sole judgment of the 0.C.S.O. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any
MUNICIPAL POLICE PERSONNEL to address, respond, or attend to any issue, event, or
circumstance involving public safety, a breach of peace, public health, an accident or
2015-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF NIXON
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accidental injury, the protection of property, any emergency (including, but not limited to
criminal, medical, fire, health, civil disputes, and/or civil infractions), which results in any
0.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio
communication to any MUNICIPAL POLICE PERSONNEL.
b. "MUNICIPAL POLICE PERSONNEL" shall be defined to include: any and all uniformed, non-
uniformed, civilian, command, volunteer, administrative and/or supervisory personnel
employed and/or contracted by the MUNICIPALITY either to provide, supply, support,
administer, or direct any MUNICIPAL police or law enforcement services and/or any persons
acting by, through, under, or in concert with any of them; or any other MUNICIPAL official,
officer, employee or agent whose MUNICIPAL job duties may include the receipt of any
0.C.S.O. POLICE DISPATCH SERVICE(S).
C. "FIRE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non-
emergency telephone call or notice, of any kind, received by the 0.C.S.O., which either
requests, requires or, in the sole judgment of the 0.C.S.O. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any
MUNICIPAL FIRE PERSONNEL to address, respond, or attend to any issue, event, or
circumstance involving public health or safety, an accident or accidental injury, the protection
of property, any emergency (including, but not limited to medical, fire, and/or health), which
results in any 0.C.S.O. or designated COUNTY AGENT(S) radio communication, or any
attempted radio communication to any MUNICIPAL FIRE PERSONNEL.
d. "MUNICIPAL FIRE PERSONNEL" shall be defined to include: any and all uniformed, non-
uniformed, civilian, command, volunteer, administrative and/or supervisory personnel
employed and/or contracted by the MUNICIPALITY either to provide, supply, support,
administer, or direct any MUNICIPAL fire or emergency related services and/or any persons
acting by, through, under, or in concert with any of them; or any other MUNICIPAL official,
officer, employee or agent whose MUNICIPAL job duties may include the receipt of any
0.C.S.O. FIRE DISPATCH SERVICE(S).
"COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed
officials, commissioners, officers, boards, committees, commissions, departments, divisions,
volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES),
agents, representatives, contractors, predecessors, successors, assigns, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and any and all persons acting by, through, under, or in concert with any of them.
COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a
COUNTY AGENT(S) at any time during the term of this Agreement but, for any reason, is no
longer employed, appointed, or elected in his/her previous capacity.
"CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and
costs and expenses, including, but not limited to, any reimbursement for reasonable attorney
fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, or any other amount for which either party becomes legally and/or contractually
obligated to pay, or any other liabilities of any kind whatsoever whether direct, indirect or
consequential, whether based upon any alleged violation of the constitution (federal or state),
any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
3. The MUNICIPALITY agrees that under the terms of this Agreement, except for the POLICE and FIRE
DISPATCH SERVICE(S) expressly contracted for herein, the 0.C.S.O. and/or any COUNTY
AGENT(S) shall not be obligated, in any other way, to provide or assist the MUNICIPALITY or any
MUNICIPAL POLICE and FIRE PERSONNEL with any other direct, indirect, backup, or supplemental
support or police or fire or emergency-related service or protection, of any kind or nature whatsoever,
or required to send any COUNTY AGENT(S) to respond, in any way, to any call for MUNICIPAL
POLICE and FIRE PERSONNEL services.
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4. The MUNICIPALITY agrees that it shall, at all times and under all circumstances, remain solely and
exclusively responsible for all costs and/or liabilities associated with providing available on-duty
MUNICIPAL POLICE and FIRE PERSONNEL to receive and respond to any 0.C.S.O. or designated
COUNTY AGENT(S) POLICE and FIRE DISPATCH SERVICE(S) in a timely and professional
manner.
5. The 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 POLICE and FIRE DISPATCH SERVICE(S) for MUNICIPAL POLICE and
FIRE PERSONNEL may be unsuccessful and, as a result, MUNICIPAL POLICE and FIRE
PERSONNEL'S timely response to a call for MUNICIPAL POLICE and FIRE PERSONNEL
assistance may not be forthcoming.
6. The MUNICIPALITY agrees that this Agreement does not, and is not intended to, include any
0.C.S.O. warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision
of POLICE and FIRE DISPATCH SERVICE(S) to the MUNICIPALITY except that the COUNTY will
make a reasonable effort to provide POLICE and FIRE DISPATCH SERVICE(S) for MUNICIPAL
POLICE and FIRE PERSONNEL consistent with existing 0.C.S.O. communication and dispatching
policies, procedures, orders, and standards.
7. The MUNICIPALITY agrees that under the terms of this Agreement 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 POLICE and/or FIRE PERSONNEL radio or other
communication equipment, and that the 0.C.S.O. shall not be obligated to provide any MUNICIPAL
POLICE and/or FIRE PERSONNEL with any radio or other communication equipment of any kind.
Similarly, the COUNTY agrees that the 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,
or other communications equipment or property.
8. The MUNICIPALITY agrees that this Agreement does not, and is not intended to, obligate or require
the 0.C.S.O. to change, alter, modify, or develop any different dispatch related codes, policies,
practices or procedures; purchase or use any special or additional equipment; or, alternatively,
prohibit the 0.C.S.O. from implementing any future communication-related changes that the
0.C.S.O., in its judgment and discretion, believes to be in its best interest.
9. The MUNICIPALITY agrees that it shall be solely and exclusively responsible, during the term of this
Agreement, for guaranteeing that: (a) all MUNICIPAL POLICE and FIRE PERSONNEL radios and/or
other communication equipment will be properly set and adjusted to receive any POLICE and/or FIRE
DISPATCH SERVICE(S) from the 0.C.S.O. and/or COUNTY AGENT(S) and otherwise maintained in
full and proper working order; (b) all MUNICIPAL POLICE and FIRE PERSONNEL will be adequately
trained and will comply with all applicable 0.C.S.O. communications codes, practices, policies and
procedures, as well as any applicable state or federal (FCC) communication requirements; (c) the
MUNICIPALITY and all MUNICIPAL POLICE and FIRE PERSONNEL shall, at all times, promptly and
properly notify the designated COUNTY AGENT(S) of any on-duty or off-duty status and/or availability
or unavailability of MUNICIPAL POLICE and FIRE PERSONNEL to receive POLICE and/or FIRE
DISPATCH SERVICE(S) from the 0.C.S.0.; and (d) all MUNICIPAL POLICE and FIRE
PERSONNEL radio and communication equipment, policies, practices and procedures shall conform
to those of the 0.C.S.O. as they now exist or may be changed in the future.
10. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective on April 1, 2015 and shall remain in effect continuously until it
expires, without any further act or notice being required of any party, at 1'1:59 P.M. on March 31,
2018. The COUNTY, the SHERIFF, or the MUNICIPALITY may cancel this Agreement, 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 of this Agreement to the other signatories
to this Agreement, or their successors in office. Such written notice shall provide at least a ninety
(90) calendar day notice of the effective date of cancellation, and such cancellation of this Agreement
2015-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WIXOM
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shall be effective at 11:59 P.M. on the last calendar day of the calendar month following the
expiration of the 90 calendar day notice period.
11. This Agreement, and any subsequent amendments, shall not become effective prior to the approval
by concurrent resolutions of the COUNTY Board of Commissioners and the 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 Governing Body and
also shall be filed with the Office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
this Agreement, and any subsequent amendments, shall be filed by a designated COUNTY
AGENT(S) with the Secretary of State for the State of Michigan and shall not become effective prior
to the filing of this Agreement with the Secretary of State.
12. In consideration of the COUNTY'S promises and efforts under this Agreement, the MUNICIPALITY
agrees to pay to the COUNTY $11,536.34 (Eleven Thousand Five Hundred Thirty-Six Dollars and
Thirty-Four Cents) per month for service for the months of April 1,2015 through March 31, 2016,
$12,108.99 (Twelve Thousand One Hundred Eight Dollars and Ninety-Nine Cents) per month for
service for the months of April 1, 2016 through March 31, 2017 and $12,254.08 (Twelve Thousand
Two Hundred Fifty-Four Dollars and Eight Cents) per month for service for the months of April 1,
2017 through March 31, 2018 as follows:
a. 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.
b. All Monthly payments shall be due and payable by the MUNICIPALITY without any further
notice or demand from the COUNTY.
a 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).
d. Each such payment shall clearly identify that it is a monthly payment being made pursuant to
this Agreement and identify the calendar month for which the MUNICIPALITY intended the
payment to apply. The MUNICIPALITY agrees that the COUNTY, in its discretion, may apply
any monthly payment received from the MUNICIPALITY to any past due amount or monthly
payment then due and owing to the COUNTY pursuant to this Agreement.
13. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any moneys due 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 and 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 the 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
2015-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WIXOM
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successive basis if the MUNICIPALITY at any time becomes delinquent in its payment.
Notwithstanding any other term and condition 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 expense, including attorney's fees and court costs, incurred by the COUNTY in the
collection of any amount owed by the 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 CLAIM(S), either occurring or having their basis in any events
or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the
cancellation or expiration of this Agreement. The parties agree that the expiration, cancellation, or
termination of this Agreement shall be without prejudice to any rights or claims of either party against
the other and shall not relieve either party of any obligations which, by their nature, survive expiration
or termination of this Agreement.
15 Each Party shall be responsible for any CLAIM made against that Party and for the acts of its
Employees or Agents.
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 agents or employees in connection with any
CLAIM.
18. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the
Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for
either Party.
19. The MUNICIPALITY and the COUNTY agree that neither the COUNTY nor any COUNTY AGENT(S),
by virtue of this Agreement or otherwise, shall be considered or asserted to be employees of the
MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this
Agreement, the COUNTY and/or any COUNTY AGENT(S) legal status and relationship to the
MUNICIPALITY shall be that of an Independent Contractor. The parties also agree that no
MUNICIPAL POLICE and FIRE PERSONNEL or any other MUNICIPALITY employee shall, by virtue
of this Agreement or otherwise, be considered or asserted to be an employee, agent, or working
under the supervision and control of the COUNTY and/or any COUNTY AGENT(S).
20. The MUNICIPALITY and the COUNTY agree that, at all times and for all purposes relevant to this
Agreement, 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 the COUNTY each agree to remain
solely and exclusively responsible for the payment of each of their respective employees' wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, training
expenses, or other allowances or reimbursements of any kind, including, but not limited to, workers'
disability compensation, unemployment compensation, Social Security Act protection(s) and benefits,
employment taxes, or any other statutory or contractual right or benefit based, in any way, upon
employment of any COUNTY AGENT(S) or any MUNICIPAL POLICE and/or FIRE PERSONNEL or
any other MUNICIPAL employee.
21. This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede,
or otherwise affect or control, in any manner, any term(s) or condition(s) of employment of any
COUNTY AGENT(S), any applicable 0.C.S.O. employment and/or union contract(s), any level(s) or
amount(s) of supervision, any standard(s) of performance, any sequence or manner of performance,
and/or any 0.C.S.O. rule(s), regulation(s), training and education standard(s), hours of work, shift
assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall,
solely and exclusively, govern and control the employment relationship between the 0.C.S.O. and/or
all conduct and actions of any COUNTY AGENT(S).
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BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF NIXON
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22. The MUNICIPALITY agrees that neither the MUNICIPALITY nor any MUNICIPAL POLICE and FIRE
PERSONNEL shall provide, furnish or assign any COUNTY AGENT(S) 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(S) in the performance of any COUNTY or COUNTY AGENT(S) duty
or obligation under the terms of this Agreement.
23. The MUNICIPALITY agrees that it shall promptly deliver to the 0.C.S.O. written notice and copies of
any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or
other wrongdoing, whether civil or criminal in nature, that the MUNICIPALITY becomes aware of
which involves, in any way, the 0.C.S.O. or any COUNTY AGENT(S). The MUNICIPALITY agrees to
cooperate with the 0.C.S.O. in any investigation conducted by the SHERIFF of any act(s) or
performance of any duties by any COUNTY AGENT(S).
24. Any signatory or any signatories' successor in office to this Agreement shall send, by first class mail,
any correspondence and written notices required or permitted by this Agreement to each of the
signatories of this Agreement, or any signatories' successor in office, to the addresses shown in this
Agreement. Any written notice required or permitted under this Agreement shall be considered
delivered to a party as of the date that such notice is deposited, with sufficient postage, with the U.S.
Postal Service.
25 This Agreement is made and entered into in the State of Michigan and shall in all respects be
interpreted, enforced and governed under the laws of the State of Michigan. The language of all
parts of this Agreement is intended to and, in all cases, shall be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the
singular or plural number, possessive or non-possessive, shall be deemed to include the other
whenever the context so suggests or requires.
26 Absent an express written waiver, the failure of any party to pursue any right granted under this
Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or
default under this Agreement. No failure or delay on the part of any party in exercising any right,
power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
any right, power or privilege preclude any other or further exercise of any other right, power or
privilege.
27. The COUNTY and the MUNICIPALITY acknowledge that this Agreement shall be binding upon each
of them and, to the extent permitted by law, upon their administrators, representatives, executors,
successors and assigns, and all persons acting by, through, under, or in concert with any of them.
28. The MUNICIPALITY acknowledges that it has reviewed all of its current or proposed contracts,
including any and all labor or union contracts with any MUNICIPAL POLICE OR FIRE PERSONNEL,
and hereby warrants that the MUNICIPALITY does not have and will not have at any time during the
term of this Agreement, any other contractual agreements that will in any manner restrict, interfere
with, or prohibit the MUNICIPALITY and any MUNICIPAL POLICE OR FIRE PERSONNEL, or any
other person from complying with the MUNICIPALITY'S obligations and duties as set forth in this
Agreement and/or the MUNICIPAL POLICE OR FIRE DISPATCH SERVICES as described herein.
29. 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 or condition in such a lease. It is further understood
and agreed that the terms of this Agreement are contractual and are not a mere recital and that there are
no other contracts, understandings, or representations between the COUNTY and the 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.
30. For and in consideration of the mutual promises, acknowledgments, representations, and agreements
set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of
2015-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WIXOM
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which is hereby acknowledged, the COUNTY and the MUNICIPALITY hereby agree and promise to be
bound by the terms and provisions of this Agreement.
INTENTIONALLY LEFT BLANK
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BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WIXOM
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IN WITNESS WHEREOF, Kevin W. Hinkley, Mayor of the City of Wixom, hereby acknowledges that he
or she has been authorized by a resolution of the Wixom City Council (a certified copy of which is attached) to
execute this Agreement on behalf of the City of Wixom and hereby accepts and binds the City of Wixom to the
terms and conditions of this Agreement on this day of , 2015.
WITNESSES: CITY OF WIXOM,
a Michigan Municipal Corporation
BY:
Kevin W. Hinkley
Mayor
BY:
Catherine Buck
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 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 J. Gingell
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 , 2015.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
Michael J. Bouchard,
Oakland County Sheriff
2015-2018 POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUFTY OF OAKLAND AND THE CITY OF WIXOM
Page 8 of 8
Resolution #15048 February 18, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #15048) March 18, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE - POLICE AND FIRE DISPATCH SERVICES AGREEMENT WITH THE
CITY OF WIXOM, APRIL 1, 2015 TO 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 police and fire dispatch services between
the Oakland County Sheriffs Office and the City of Wixom; beginning April 1, 2015 through
March 31, 2018.
2. The Police and Fire Dispatch contract rates established for the period of April 1, 2015 through
March 31, 2016 is $26.73 per call and $5,906 per FTE Dispatch position or $138,436
annually; $28.06 per call and $6,199 per FTE Dispatch position or $145,308 annually for the
period of April 1, 2016 through March 31, 2017, and $29.37 per call and $6,233 per FTE
position or $147,049 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 (MR. #15027) titled
SHERIFF'S OFFICE — ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES —
APRIL 1,2015 THROUGH MARCH 31, 2018.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Quarles absent
Resolution #15048 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).
1 HEREN APPROVE THIS REsttuTioN
CHIEF DEPUTY COUNTY EXEC,UTiVE
ACTING PURSUANT TO MCL 45.550A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 18 th day of March 2015.
&ozoz.
Lisa Brown, Oakland County