HomeMy WebLinkAboutResolutions - 2018.02.21 - 23317REPORT (MISC. #18037) February 21, 2018
BY: Finance Committee, Thomas Middleton, Chairperson
SHERIFF'S OFFICE — EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT WITH THE
CITY OF PONTIAC, APRIL 1, 2018-MARCH 31, 2021
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, recommends the
following amendment:
Amend Page 3 of the agreement Section 10:
In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY shall
pay the COUNTY $27,052.29 $16,620.50 per month for services for the months of April 1,
2018 to March 31, 2019. The CITY shall pay the rate of $27,860.75 $17,119.12 per
month for services for the months of April 1, 2019 to March 31, 2020. The CITY shall
pay the rate of $287696,86 $17,632.69 per month for services for the months of April 1,
2020 to March 31, 2021.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with KowaII and Woodward absent.
MISCELLANEOUS RESOLUTION #18037 February 1,2018
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE — EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT WITH THE
CITY OF PONTIAC, APRIL 1, 2018-MARCH 31, 2021
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 Sheriff's 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 Pontiac for medical dispatch services; and
WHEREAS the City of Pontiac has requested emergency medical dispatch services from the Oakland
County Sheriff for the period April 1, 2018 to March 31, 2021; and
WHEREAS the City of Pontiac has agreed to the attached contract which incorporates the current
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 Sheriffs
Office 2018-2021 Emergency Medical Dispatch Service Agreement with the City of Pontiac.
BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S
OFFICE 2018-2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT from the City of
Pontiac 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 2018-2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT with
the Secretary of State.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resoltition.
Commiionertrl-Dwyer, Distit #14 .
Chairperson, Public Services Committee
.?/1‘
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
2018-2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND
AND
THE CITY OF PONTIAC
This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 (the "COUNTY"), and the CITY OF PONTIAC, whose address is 47450 Woodward
Avenue, Pontiac, Michigan, 48342-2271 (the "CITY"). In this AGREEMENT, the COUNTY and/or the
City may also be referred to as a "PARTY" or the "PARTIES." 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"
("0.C.S.0.").
WITNESSETH
WHEREAS, the CITY is authorized by law to provide EMERGENCY MEDICAL SERVICE, as
defined in this Agreement, for its residents; and
WHEREAS, in order to provide effective EMERGENCY MEDICAL SERVICE for its residents, the
CITY must also provide emergency medical communication and dispatch functions; and
WHEREAS, the 0.C.S.O. provides emergency medical communication and dispatch functions and
has the capability to provide emergency medical dispatch but, absent this Agreement, is not obligated to
provide "EMERGENCY MEDICAL DISPATCH SERVICE", as defined in this Agreement, for the CITY;
and
WHEREAS, the COUNTY and the CITY may enter into an agreement by which the 0.C.S.O. would
provide EMERGENCY MEDICAL DISPATCH SERVICE for the CITY; and
WHEREAS, the CITY has concluded that it is more cost effective to contract for EMERGENCY
MEDICAL DISPATCH SERVICE with the 0.C.S.O. than to equip and staff its own emergency medical
communication and dispatch center; and
WHEREAS, the 0.C.S.O. agrees to provide EMERGENCY MEDICAL DISPATCH SERVICE for the
CITY 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. emergency medical dispatch policies and procedures provide EMERGENCY
MEDICAL DISPATCH SERVICE to the CITY.
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 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 "EMERGENCY MEDICAL SERVICE(S)" means the emergency medical services
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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personnel, ambulances, vehicles and equipment required for transport or treatment of an
individual requiring medical first response life support, basic life support, limited
advanced life support, or advanced life support.
3.2 "EMERGENCY MEDICAL DISPATCH SERVICE(S)" means any emergency or non-
emergency communication of any kind received by the 0.C.S.O. which, in the sole
judgment of the 0.C.S.O., requests or requires EMERGENCY MEDICAL SERVICE by
the CITY'S DESIGNATED EMERGENCY MEDICAL SERVICE PROVIDER and all
subsequent 0.C.S.O. or COUNTY AGENT communications or attempted
communications designed or intended to effectuate delivery of EMERGENCY MEDICAL
SERVICES within the CITY.
3.3 "DESIGNATED EMERGENCY MEDICAL SERVICE PROVIDER" shall be defined as the
agency, corporation or entity designated by the CITY to provide EMERGENCY MEDICAL
SERVICES within the CITY including, but not limited to, all uniformed, non-uniformed,
civilian, command, volunteer, administrative, and/or supervisory personnel employed by
this agency, corporation or entity and any persons acting by, though, under, or in concert
with any of them.
3.4 "COUNTY AGENT(S)" 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.
3.5 "CITY AGENT(S)" shall be defined to include any and all CITY officers, elected officials,
appointed official, directors, board members, Commission members, authorities, authority
board members, boards, committees, commissions, employees, police officers,
managers, departments, divisions, volunteers, agents, and representatives of the CITY,
and/or any such persons' successors or predecessors, agents, employees, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and/or any and all persons acting by, through, under, or in concert with any of
them and/or the CITY. CITY AGENT(S) as defined in this CONTRACT shall also include
any person who was a CITY AGENT(S) at any time during the term of this CONTRACT
but, for any reason, is no longer employed, appointed, or elected in their previous
capacity.
3.6 "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief,
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties,
costs and expenses, including, but not limited to, reimbursement for reasonable attorney
fees, witness fees, court costs, investigation, litigation expenses, amounts paid in
settlement, and/or any other amount for which the COUNTY or COUNTY AGENT
becomes legally and/or contractually obligated to pay, whether direct, indirect, or
consequential, whether based upon any alleged violation of the constitution (federal or
state), any statute, rule, regulation, or the common law, whether in law or equity, tort,
contract, or otherwise, and/or whether commenced or threatened.
4. Except for the EMERGENCY MEDICAL DISPATCH SERVICE expressly contracted for herein,
the 0.C.S.O. and/or any COUNTY AGENT shall not be obligated to provide or assist the CITY
or any DESIGNATED EMERGENCY MEDICAL SERVICE PROVIDER with any EMERGENCY
MEDICAL SERVICES or any other direct, indirect, backup, or supplemental support or
emergency medical-related service or protection, of any kind or nature, or be obligated to send
any COUNTY AGENT to respond, in any way, to any call for EMERGENCY MEDICAL
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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SERVICES.
5. Under all circumstances, the CITY shall remain solely and exclusively responsible for all costs
and/or liabilities associated with screening, choosing, and contracting with a DESIGNATED
EMERGENCY MEDICAL SERVICE PROVIDER for the provision of EMERGENCY MEDICAL
SERVICE within the CITY.
6. 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.
7. The CITY shall be solely and exclusively responsible, during the term of this Agreement, for
guaranteeing that: (a) all DESIGNATED EMERGENCY MEDICAL SERVICE PROVIDER
communication equipment will be properly set, adjusted, and maintained to receive any
EMERGENCY MEDICAL 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) the DESIGNATED EMERGENCY MEDICAL SERVICE PROVIDER
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 CITY shall, at all times, promptly and
properly notify the designated COUNTY AGENT of any availability or unavailability of
DESIGNATED EMERGENCY SERVICE PROVIDER to receive EMERGENCY MEDICAL
DISPATCH SERVICE from the 0.C.S.O.
8. The CITY shall be solely and exclusively responsible for all costs, expenses and liabilities
associated with the purchase, lease, operation, and/or use of any DESIGNATED
EMERGENCY SERVICE PROVIDER communication equipment. The 0.C.S.O. shall not be
obligated to provide the DESIGNATED EMERGENCY SERVICE PROVIDER with any radio or
other communication equipment of any kind. Similarly, the CITY shall not be obligated under
the terms of this Agreement to supply or provide the 0.C.S.O. with any additional telephones,
telephone lines, radios, other communications equipment, or property.
9. The 0.C.S.O. may, at its sole discretion and expense, inspect any DESIGNATED EMERGENCY
SERVICE PROVIDER communication equipment to ensure that it conforms to 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 CITY in
writing of the specific violations. The CITY shall address and correct such violations at its own
expense within thirty (30) calendar days of receiving the written notice or present a written plan
to 0.C.S.O. within 15 calendar days setting forth a procedure for correcting the violations. If the
CITY fails to address and/or correct such violations within the time period set forth in this
paragraph, the 0.C.S.O. may terminate and/or cancel the Agreement.
10. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY shall
pay the COUNTY $27,052.29 per month for services for the months of April 1, 2018 to March
31, 2019. The CITY shall pay the rate of $27,860.75 per month for services for the months of
April 1, 2019 to March 31, 2020. The CITY shall pay the rate of $28,695.86 per month for
services for the months of April 1, 2020 to March 31, 2021. Said payments shall be made as
follows:
10.1 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
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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rendered in July of 2019, the COUNTY will bill the MUNICIPALITY on August 1, 2019
and the MUNICIPALITY shall pay the invoice within 30 days of the invoice date.
10.2 All Monthly payments shall be due and payable by the MUNICIPALITY without any
further notice or demand from the COUNTY.
10.3 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).
10.4 Each payment shall clearly identify that it is a monthly payment being made pursuant to
this Agreement and identify the calendar month for which the MUNICIPALITY intended
the payment to apply. 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.
11. If the CITY, for any reason, fails to pay the COUNTY any monies when and as due under this
Agreement the CITY agrees that the COUNTY or the County Treasurer, at their sole option, shall
be entitled to set off from any other CITY funds that are in the COUNTY'S possession for any
reason without further notice to the CITY in order to satisfy the CITY's obligations under this
Agreement. Funds include but are not limited to the Delinquent Tax Revolving Fund ('DTRF")
and any other source of funds due to the CITY in the possession of the COUNTY. Any setoff or
retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by the
CITY to the COUNTY. The CITY waives any CLAIMS against the COUNTY or its Officials for
any acts related specifically to the COUNTY'S offsetting or retaining such amounts. This
paragraph shall not limit the CITY's legal right to dispute whether the underlying amount retained
by the COUNTY was actually due and owing under this Agreement
12. In addition to any right of setoff or recoupment provided by applicable law, all amounts due to the
CITY shall be considered net of indebtedness to the CITY to the COUNTY and the COUNTY
shall have the right to setoff against or recoup from any amounts due to the CITY at any time and
without further notice to the CITY.
13. 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.
14. 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 CITY to secure reimbursement of
amounts due to the COUNTY under this Agreement. The remedies in this Paragraph shall be
available to the COUNTY on an ongoing and successive basis if the CITY at any time becomes
delinquent in its payments. Notwithstanding any other terms and conditions in this Agreement, if
the COUNTY pursues any legal action in any court to secure its payment under this Agreement,
the CITY agrees to pay all costs and expenses, including attorney's fees and court costs,
incurred by the COUNTY in the collection of any amount owed by the CITY.
15. If the CITY fails for any reason to (1) timely pay the COUNTY any amount due under this
Agreement, (2) perform any other obligation required under this Agreement or (3) seeks authority
from the governor and state treasurer to proceed under title 11 of the United States Code, 11
USC 101 to 1532 as provided for in section 23 of Public Act 4 of 2011; the CITY shall be in
default of this Agreement. The COUNTY will send written notice of any default via first class mail
to the CITY. If the default is not cured within thirty (30) days from the date of the notice, the
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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COUNTY may:
15.1 Terminate this Agreement sixty (60) days from the date written notice of
termination is provided to the CITY by the COUNTY;
15.2 Declare all unpaid amounts owed under the Agreement immediately due and
payable without further presentment, demand, protest or other notice of any kind,
all of which are expressly waived by the CITY.
15.3 Exercise any and all rights and remedies available to it under the Agreement or
applicable law.
16. Each Party shall be responsible for any CLAIMS made against that Party and for the acts of its
employees or AGENTS. Further, the CITY agrees that it shall remain solely and completely liable
for any and all CLAIMS that either arose or have their basis in circumstances or events occurring
before the effective date of this Agreement, including but not limited to, any wage or benefit
issues, any collective bargaining obligations, or any other related employment rights or
obligations such as worker or unemployment compensation based upon any person's
employment by the CITY prior to the effective date of this Agreement.
17. In any CLAIMS that may arise from the performance of this Agreement, each Party shall seek its
own legal representation and bear the costs associated with such representation including any
attorney fees.
18. 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.
19. 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.
20. 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.
21. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall
be considered employees of the CITY or the CITY's DESIGNATED EMERGENCY SERVICE
PROVIDER. The COUNTY and/or any COUNTY AGENTS legal status and relationship to the
CITY shall be that of an Independent Contractor. No CITY, CITY AGENT or CITY DESIGNATED
EMERGENCY SERVICE PROVIDER employee 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.
22. The CITY and the 0.C.S.O. shall each remain the sole and exclusive employer of each of their
respective employees. The CITY and COUNTY each agree to remain solely and exclusively
responsible for the payment of each of their respective employees' wages, compensation,
overtime wages, expenses, fringe benefits, pension, retirement benefits, training expenses, or
other allowances or reimbursements of any kind, including, but not limited to, workers' disability
compensation, unemployment compensation, Social Security Act protection and benefits,
employment taxes, or any other statutory or contractual right or benefit based, in any way, upon
employment.
23. 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
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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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, policy, 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.
24. Neither the CITY nor any DESIGNATED EMERGENCY SERVICE PROVIDER 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.
25. The CITY shall promptly deliver to the 0.C.S.O. written notice and copies of any CLAIM,
accusation or allegation of negligence or other wrongdoing, whether civil or criminal in nature,
that the CITY becomes aware of which involves, in any way, the 0.C.S.O. or any COUNTY
AGENT. The CITY and its DESIGNATED EMERGENCY SERVICE PROVIDER 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.
26. This Agreement shall become effective on April 1, 2018 and shall remain in effect continuously
until it expires, without any further act or notice being required of any Party at 11:59 PM on March
31, 2021. This Agreement may be cancelled for any reason, including the convenience of any
Party, and without any penalty, before its March 31, 2021 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 sixty (60) calendar days notice of the effective date of
cancellation, and such cancellation of this Agreement shall be effective at 11:59 P.M. on the last
calendar day of the calendar month following the expiration of the 60 calendar day notice period.
If this Agreement is terminated for any reason, the CITY will fully reimburse the COUNTY for all
direct and indirect labor costs incurred by the COUNTY as a result of the Agreement's
termination. Such costs include, but are not limited to, unemployment compensation claims
made by COUNTY employees hired by the COUNTY to fulfill the terms of this Agreement.
27. 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 CITY's
Governing Body. The approval and terms of this Agreement shall be entered into the official
minutes and proceedings of the COUNTY Board of Commissioners and the CITY's Governing
Body and shall also be filed with the Office of the Clerk for the COUNTY and the CITY. 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.
28. 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.
29. 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.
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30. 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.
31. The COUNTY and the CITY acknowledge that this Agreement shall be binding upon them and, to
the extent permitted by law, upon their administrators, representatives, executors, successors
and assigns, and all persons acting by, through, under, or in concert with any of them.
32. This Agreement sets forth the entire contract and understanding between the COUNTY and the
CITY and fully supersedes any and all prior contracts, agreements or understandings between
them in any way related to the subject matter hereof after the effective date of this Agreement
shall remain effective and enforceable for any CLAIM arising or occurring during any prior
contract period. This Agreement shall not be changed or supplemented orally. This Agreement
may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and
the CITY's Governing Body in accordance with the procedures set forth herein.
33. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations,
administrative rules, requirements applicable to its activities performed under this Agreement.
34. 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.
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 CITY hereby
agree and promise to be bound by the terms and provisions of this Agreement.
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2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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IN WITNESS WHEREOF, Dr. Deidre Waterman, Mayor of the City of Pontiac, hereby acknowledges that he or
she has been authorized by a resolution of the CITY's Governing Body (a certified copy of which is attached) to
execute this Agreement on behalf of the CITY and hereby accepts and binds the CITY to the terms and conditions of
this Agreement on this day of , 2018.
WITNESS:
Name:
Title:
CITY OF PONTIAC,
a Michigan Municipal Corporation
BY:
Dr. Deidre Waterman
Mayor
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 , 2018.
WITNESS:
Name:
Title:
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 , 2018.
WITNESS:
Name:
Title:
OAKLAND COUNTY SHERIFF,
a Michigan Constitutional Officer
BY:
Michael J. Bouchard,
Oakland County Sheriff
2018- 2021 EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC
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Resolution #18037 February 1,2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18037) February 21, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE — EMERGENCY MEDICAL DISPATCH SERVICE AGREEMENT WITH THE
CITY OF PONTIAC, APRIL 1, 2018-MARCH 31, 2021
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 authorizes a three (3) year agreement for emergency medical dispatch services
between the Oakland County Sheriff's Office and the City of Pontiac for the period April 1, 2018
through March 31, 2021.
2. The Emergency Medical Dispatch contract rates established for the period April 1, 2018 through
March 31, 2019 are $199,446 annually; for the period April 1, 2019 through March 31, 2020 are
$205,429 annually; and for the period April 1, 2020 through March 31, 2021 are $211,592
annually.
3. The effect of the annual revenue and expenditures for these contracts are reflected in the budget
amendment for FY 2018 - FY 2020 on the fiscal note (M.R. #18021) titled SHERIFF'S OFFICE —
ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES —APRIL 1,2018 THROUGH
MARCH 31, 2021.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall and Woodward absent.
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
21d 3/ry
Resolution #18037 February 21, 2018
Moved by Crawford supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray,
Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Berman, Bowman. (17)
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).
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 February 21,
2018, 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 21 st day of February, 2018.
_.7et
Lisa Brown, Oakland County