HomeMy WebLinkAboutResolutions - 2016.06.16 - 22410REPORT (MISC. #16154) June 16, 2016
BY: Human Resources Committee, Bob Hoffman, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR THE
CITY OF AUBURN HILLS 2016-2018 AND CREATION OF NEW DIVISION, UNIT AND POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on June 8, 2016,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bowman absent.
MISCELLANEOUS RESOLUTION#16154 June 16, 2016
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR THE
CITY OF AUBURN HILLS 2016-2018 AND CREATION OF NEW DIVISION, UNIT AND POSITIONS
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 Sheriffs Office to
enter into contractual agreements for the purpose of Police and Fire Dispatch services; and
WHEREAS the City of Auburn Hills has requested that the Sheriff's Office dispatch police and fire calls for
the City; and
WHEREAS the Sheriff's Office is recommending dispatching services per the attached contract between
the County of Oakland and the City of Auburn Hills; and
WHEREAS this contract has been through the County Executive review process; and
WHEREAS the Sheriff/ERP/Communications Unit has expanded and experienced growth in the last few
years and now has 69 employees; and
WHEREAS adding the Auburn Hills contract will add an additional seven (7) employees; and
WHEREAS it is requested to create a new division for the Communications Unit in order to more
efficiently track its operations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Police and Fire Dispatch Agreement with the City of Auburn Hills.
BE IT FURTHER RESOLVED 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 to create a new Division titled Emergency Communication/Operations Center
in the Sheriff's Office.
BE IT FURTHER RESOLVED to create a new Unit titled Emergency Communication/Operations in the new
Emergency Communication/Operations Center Division.
BE IT FURTHER RESOLVED to delete the Sheriff/ERP/Communications Unit (#4030510).
BE IT FURTHER RESOLVED to transfer all current positions in the Sheriff/ERP/Communication Unit
(#4030510) to the new Emergency Communication/Operations Unit (#'s 00474, 00535, 01157, 01181,
01261, 01299, 01364, 01391, 01454, 01561, 01584, 01614, 01892, 02095, 02151, 02306, 02406, 02710,
02876, 02954, 03015, 03082, 03382, 03443, 03506, 03541, 06443, 06619, 06620, 06621, 07800, 07801,
07976, 07977, 08120, 08121, 09350, 09351, 09462, 09467, 09632, 09633, 09730, 09928, 10053, 10542,
10883, 10884, 10950, 10951, 11103, 11104, 11105, 11106, 11107, 11108, 11109, 11110, 11329, 11330,
11396, 11576, 11644, 11645, 11646, 11647, 11648,11676, and 11677).
BE IT FURTHER RESOLVED to upwardly reclassify one (1) GF/GP full time eligible Chief Emergency
Management Operations position (#4030510-02954) to Lieutenant.
BE IT FURTHER RESOLVED to create one (1) GF/GP full time eligible Captain position in the new
Emergency Communication/Operations Unit.
BE IT FURTHER RESOLVED to create one (1) GF/GP full time eligible Dispatch Specialist Shift Leader in
the new Emergency Communication/Operations Unit.
BE IT FURTHER RESOLVED to create six (6) GF/GP full time eligible Dispatch Specialist positions in the
new Emergency Communication/Operations Division Unit.
BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be
contingent upon the level of funding associated with this agreement.
BE IT FURTHER RESOLVED that one (1) vehicle with mobile radio, prep radio, MDC and video camera be
added to the County fleet.
BE IT FURTHER RESOLVED that this contract becomes effective on July 11, 2016.
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 2016-2018 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.
Motion carried unanimously to directly refer the resolution to Human Resources and Finance
Committees.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
FISCAL NOTE (MISC. #16154) June 16, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR THE
CITY OF AUBURN HILLS 2016-2018 AND CREATION OF NEW DIVISION, UNIT AND POSITIONS
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 police and fire dispatch services between the
Oakland County Sheriff's Office and the City of Auburn Hills; beginning July 11,2016 through
March 31, 2018.
2. The agreed Police and Fire Dispatch contract rates for this contract are $32,419 per month
for the period of July 11, 2016 through March 31, 2017; and $32,870.83 per month for the
period of April 1, 2017 through March 31, 2018.
3. The resolution authorizes the creation of a new Division within the Sheriff's Office titled
4.
Emergency Communication/Operations Center division.
5. One (1) General Fund/General Purpose (GF/GP) full time eligible (FTE) Chief Emergency
Management Operations positions (4030510-02954) will be upwardly reclassified to
Lieutenant, Also, one (1) new full time eligible Captain position, one (1) new GF/GP full time
eligible Dispatch Specialist Shift Leader position and six (6) GF/GP full time eligible Dispatch
Specialist positions will be created in the new Emergency Communication/Operations Unit.
6. Funding for the creation of the new Captain's position and the reclassification of the Chief
Emergency Management to Lieutenant is available in the Sheriff's Corrective Services
Division, Contracted Services line item (4030301-730373). Upon dispatch services contract
renewals these costs will be factored into the Sheriff's Dispatch Services rates.
7. All other dispatch services are contracted according to negotiated contract terms and will be
reflected in the Sheriff's revenue budget as Dispatch Services (4030501-630539).
8. The amendment adds one (1) new marked 2WD Tahoe patrol vehicle with prep at a total cost
of $34,074 to the county fleet; also, it adds one (1) mobile data computer (MDC) with camera
at a total cost of $11,349, one (1) mobile/prep radio at a total cost of $4,500 and one (1)
Hand Held Portable radio at a cost of $3,300 for total capital cost transferred from GF/GP
Contingency of $53,623.
9. Exhibit A under the agreement details the disposition of property at the Auburn Hills Public
Safety Answering Point (PSAP). Also, Exhibit A notes that Auburn Hills will sell four (4) Lic
cards to the county for $5,000 and that the county will be responsible for any fees associated
with the transfer and maintenance of any of the licenses.
10. Exhibit B references the consideration provided for the cessation of the Auburn Hills PSAP. A
separate PSAP cessation resolution will be presented to the Board of Commissioners and will
include the necessary budget amendment for the $50,000 proposed payment to Auburn Hills.
11. A budget amendment is recommended as follows:
GENERAL FUND (#10100)
Revenue FY 2016 FY 2017 FY 2018-FY 2019
4030501-116230-630539-40580 Dispatch Rev. $ 81,047 $394,450 $394,450
Total Revenues $ 81,047 $394,450 $394,450
Emergency Communication/Operations Center replacing the former division titled Sheriff
Emergency Response Preparation and Communications Division.
All current positions in the Sheriff/ERP/Communication Unit (#4030510) (#'s 00474, 00535,
01157, 01181, 01261, 01299, 01364, 01391, 01454, 01561, 01584, 01614, 01892, 02095,
02151, 02306, 02406, 02710, 02876, 02954, 03015, 03082, 03382, 03443, 03506, 03541,
06443, 06619, 06620, 06621, 07800, 07801, 07976, 07977, 08120, 08121, 09350, 09351,
09462, 09467, 09632, 09633, 09730, 09928, 10053, 10542, 10883, 10884, 10950, 10951,
11103, 11104, 11105, 11106, 11107, 11108, 11109, 11110, 11329, 11330, 11396, 11576,
11644, 11645, 11646, 11647, 11648, 11676, and 11677) will be transferred to the new
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Quarles absent.
Sheriff Emergency Communication/Operations Center
4030501-116230-702010
4030301-112630-730373
4030501-116230-722790
4030501-116230-722770
4030501-116230-722780
4030501-116230-722760
4030501-116230-722750
4030501-116230-722810
4030501-116230-722820
4030501-116230-722800
4030501-116230-722850
4030501-116230-773535
FY 2016 FY 2017
Salaries $80,349 $393,387
Contracted Svcs (58,260) (284,921)
Social Sec. 6,147 30,094
Retirement 22,257 108,968
Hospitalization 25,393 121,888
Group Life 185 905
Workers Comp 1,077 5,271
Disability 1,261 6,176
Unemployment 169 826
Dental 1,428 6,856
Optical 208 1,000
CLEMIS 833 4,000
Total Expenditures $81,047 $394,450
FY 2018-FY2019
$401,255
(303,001)
30,696
118,296
121,888
988
5,414
6,113
945
6,856
1,000
4,000
$394,450
Capital Costs FY 2016
4030501-116230-788001-66100Transfer Out-Motorpool $34,474
4030501-116230-788001-53600Transfer Out-Radio 4,500
4030501-116230-788001-53600Transfer Out-Radio 3,300
4030501-116230-788001-63600Transfer Out-Info Tech 11,349
9090101-196030-730359 Contingency (53,623)
Total Capital Cost $ a
MOTOR POOL FUND (#66100) FY 2016
Revenue
1030811-184010-630833 Gasoline Oil Grease $ 895
1030811-184010-631071 Leased Equipment 4,689
1030811-184010-631610 Productive Labor 3,950
1030811-184010-631463 Parts and Accessories 4,410
1030811-184010-695500-10100Transfer in- Gen. Fund 34,474
1030811-184010-665882 Planned Use of Balance 0
Total Revenue $ 48 418
FY 2017 FY 2019
$ 4,300
22,506
0
0
0
( 5,269)
$ 21,537
Expenses
1030811-184010-750210
1030811-184010-750413
1030811-184010-761156
1030811-184010-796500
Gasoline Chgs.
Parts and Accessories
Depreciation Vehicles
Budget Equity Adj.
Total Expenses
$ 895
4,410
3,591
0
$ 8,896.
$ 4,300
0
17,237
$_ 21,537
RADIO COMMUNICATIONS FUND (#53600)
Revenue
1080310-115150-695500-10100Transfer In-Gen. Fund $ 7,800
108031 0-1 15150-665882 Planned Use of Balance (7,800)
Total Revenue $
FY 2016 FY 2017- FY 2019
$ 212
( 212)
$ 0
CLEMIS FUND (#53500)
Revenue
1080305-116080-630931
1080305-116080-665882
In-Car Terminals
Planned Use of Bal
Total Revenue
$ 1,016
.($ 1,016)
$ 0
Depreciation Equip $ 252
Total Expense $ 252
$ 1,212
$ 1,212
INFORMATION TECHNOLOGY (#63600) FY 2016 FY 2017 - FY 2019
Revenue
1080601-152096-630658 Equipment Rental $ 252 $1,212
1080601-152096-695500-10100Transfer in-Gen. Fund 11,349
1080601-152096-665882 Planned Use of Balance (11,349) 0
Total Revenue $ 252 $ 1,212
Expense
1080601-152096-761121
PUBLIC SERVICES COMMITTEE
POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN COUNTY OF OAKLAND
AND
CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018
This Agreement is made between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (COUNTY), and the CITY
OF AUBURN HILLS, a Michigan Constitutional and Municipal Corporation, whose address is 1827 N. Squirrel
Road, Auburn Hills, MI 48326 (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 (SHERIFF). In this
Agreement, whenever the COUNTY and the SHERIFF are intended to be referred to jointly, they shall be referred
to as the "OAKLAND COUNTY SHERIFF'S OFFICE" (0.C.S.0.).
INTRODUCTION
WHEREAS, the MUNICIPALITY is authorized by law to provide police and fire protection service for residents of
the MUNICIPALITY; and
WHEREAS, 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 MUNICIPALITY has concluded that it is more cost effective for the MUNICIPALITY to contract for
POLICE and FIRE DISPATCH SERVICE 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 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 agreed as follows:
1 The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its existing
0.C.S.0. police communications functions, provide POLICE and FIRE DISPATCH SERVICE 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" 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 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
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 1I, 2016 March 31, 2018
Rev. 5/16/16 - FINAL
Page 1 of 10
agent whose MUNICIPAL job duties may include the receipt of any 0.C.S.O. POLICE
DISPATCH SERVICE(S).
c. "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 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" 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, neither the 0.C.S.O. nor any COUNTY AGENT
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.
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 AG ENT(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.
Rev. 5/16/16 - FINAL
POLICE AND HIE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 March 31, 2018
Page 2 of 10
6. The MUNICIPALITY agrees that this Agreement does not, and is not intended to, include any 0.C.S.0,
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 fines, 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 July 11, 2016 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. 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 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 $32,419.00 per month for service for the months of July 11, 2016 through
March 31, 2017; and $32,870.83 per month for service for the months of April 1, 2017 through March 31,
2018 as follows:
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018
Rev. 5/16/16 - FINAL
Page 3 of 10
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 M UNICIPALITY without any further notice
or demand from the COUNTY.
c. 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
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.
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
Rev. 5/16/16 - FINAL
July 11, 2016 March 31, 2018
Page 4 of 10
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(les), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and
exclusively, govern and control the employment relationship between the 0.C.S.O. and/or all conduct and
actions of any COUNTY AGENT(S).
22. The 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,
Rev. 3/16/16 - FINAL
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018
Page 5 of 10
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, and Exhibit A and Exhibit B which are attached and incorporated into this Agreement,
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
which is hereby acknowledged, the COUNTY and the MUNICIPALITY hereby agree and promise to be
bound by the terms and provisions of this Agreement
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018
Rev. 5/16/16 - FINAL
Page 6 of 10
IN WITNESS WHEREOF, Thomas Tanghe, City Manager, hereby acknowledges that he or she has been
authorized by a resolution of the MUNICIPALITY'S governing body (a certified copy of which is attached) to
execute this Agreement on behalf of the MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the
terms and conditions of this Agreement on this day of , 2016.
WITNESSES:
Terri Kowal
Clerk
CITY OF AUBURN HILLS,
a Michigan Municipal Corporation
BY:
Thomas Tang he
City Manager
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 and hereby accepts and
binds the COUNTY to the terms and conditions of this Agreement on this day of
2016.
WITNESS:
Printed Name:
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 SHERIFF, hereby concurs and accepts
the terms and conditions of this Agreement on this , day of ,2016.
WITNESS: OAKLAND COUNTY SHERIFF,
a Michigan Constitutional Officer
BY:
Michael J. Bouchard,
Oakland County Sheriff
Printed Name:
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HELLS
July 11, 2016 — March 31,2018
Rev, 5/16/16 - FINAL
Page 7 of 10
Exhibit A
Disposition of Property at Existing Auburn Hills PSAP
The County owns and will remove the property listed below from the existing Auburn Hills Public Safety
Answering Point (PSAP), with the exception of: LIC Card #010 (SIN 0208094), LIC Card #019 (S/N
0209096), LIC Card #022 (S/N 0208034), and L1C Card #025 (S/N 0208054), which is owned by Auburn Hills.
Auburn Hills will sell the four LIC Cards to the County in exchange for $5,000. The County will remove the
four LIC cards from the existing Auburn Hills PSAP. Auburn Hills will make available for transfer to the County
its existing ProQA licenses for EMD & EFD (3 each). The County would be responsible for any fee to ProQA
for the transfer and maintenance of any of the licenses.
Dispatch Position Equipment
Position One
Device Model S N
PC Dell Optiplex GX280 DXBP081
Monitor NEC Multisync LCD 1980FXi 5Z115736YA
CIP Tray 1PC AT59401.01 00097
Speaker 1PC A1309105/T5 00214
UPS APC SUA750 AS0552310043
Position Two
Device Model
PC Dell Optiplex GX620 28HQ2981
Monitor NEC LCD Multisync 1980FXi 5Z115734YA
CIP Tray IPC A1309105/TS 00059
Speaker IPC A1309105/T5 00217
UPS APC SUA 750XL AS0552110707
Po tion Three
Device Model SioN
PC Dell Optiplex GX620 7P1G581
Monitor NEC Multisync LCD 1980FXi 52115728VA
CIP Tray IPC AT59401.01 00438
Speaker IPC A1309105/T5 00209
UPS APC SUA750XL AS0552101670
Position Four
Device Model S/N
PC Dell Optiplex GX280 (DHM) 7XBP081
Monitor NEC Multisync LCD 1980FXi 5Z115730YA
CIP Tray IPC AT59401.01 00101
Speaker IPC A1309105/T5 00205
UPS APC SUA 750XL AS0617210596
15 Cabinet! CPP Equipment
Device
CPP
Line Conditioner
Test Phone
:Made! -•
I PC 15-9350
Tripp Lite LC2400
Panasonic KX-TG2386B
S/N
10105
9516BYOLC493000015
41BXA008092
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018
Rev. 5/16/16 - FINAL
Page 8 of 10
Cimarron V-C Plus LID
Cimarron V-C Plus I/D
Decoder
Decoder
60131-07
60131-01
Card. Number
CSC 000
oio LIC
LIC 013
LIC 016
LIC 019
L1C 022
-LIC 025'
CPC CAD 200
PIC 301
PLC 303
PIC 305
PIC 307
CSC 001
OLC 400
AlC 202
OTC
CPC CAD 200s
UCC 800
CSC 002
UCC 832
Aux 308
PS Supv Board 01
TS Radio Server Equipment
Device Model Sfill
Dell Server Dell Poweredge 1800 (SMM01) BJYS1391
Dell Monitor Dell 1704FTP1 CN-0)11352-47609-525-FW4X
Laser Jet Printer HP Laser Jet 1320 (Q5927A) CNDC5212H6
USB printer interface HP Jet Direct 175X (6035-60041) S657308F62
Router Cisco 2800 Series FCZ09327063
Power supply Cisco RPS 675 DTH10460575
Server UPS Server UPS APC SUA750XL AS0552310093
T5 I CPP Cabinet Cards
Tray
One
Card slot 1
Card slot 3
Card slot 4
Card slot 5
Card slot 6
Card slot 7
Card slot 8
Two
Card slot 1
Card slot 3
Card slot 4
Card slot 5
Card slot 6
Three
Card slot 1
Card slot 3
Card slot 6
Card slot 8
Four
Card slot 1
Card slot 7
Five
Card slot 1
Card slot 7
Panel 1
rear panel
PS Diagnostic Module
:S/N
0307010
0208094
01495
01750
0209096
0208034
0208054
0408010
0003
0404002
0309021
00760
0203005
00015
00014
00212
00145
00012
0410011
000111
00019
00024
Exhibit B
Consideration for Cessation of Auburn Hills PSAP
No later than 30 days after the Municipality ceases its functions as a Public
Safety Answering Point (PSAP), the C.C.S.° accepts that role, and the County
Board of Commissioners passes a resolution to modify the County's PSAP Plan
to reflect that the Municipality will cease functioning as a PSAP and has
designated the 0.C.S.O. as its PSAP, the County will pay the Municipality
$50,000 as consideration for the following:
1. The Municipality ceases its dispatch operations.
2. If the Municipality ever terminates its agreement with the County for
dispatch services or restores any of its dispatch operations, the County will
have no obligation whatsoever to fund any of the requisite dispatch
equipment costs then required to stand up a dispatch center operation.
Instead, the Municipality will be fully responsible for all capital costs
associated with the restoration of its dispatch operations.
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF AUBURN HILLS
July 11, 2016 — March 31, 2018 Rev. 5/16/16 - FINAL
Page 10 of 10
Resolution #16154 June 16, 2016
Moved by Kochenderfer supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
Kowall, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HERM 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 June 16, 2016,
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 16th day of June, 2016.
Lisa Brown, Oakland County