HomeMy WebLinkAboutResolutions - 2018.02.21 - 23327MISCELLANEOUS RESOLUTION #18047 February 1, 2018
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE — POLICE AND FIRE DISPATCH SERVICE AGREEMENT WITH THE CITY
OF WIXOM, 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 Wixom for dispatch services; and
WHEREAS the City of Wixom has requested Police and Fire Dispatch services from the Oakland County
Sheriff for the period April 1, 2018 to March 31, 2021; 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 2018-2021 Police and Fire Dispatch Service Agreement with the City of Wixom.
BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S
OFFICE 2018-2021 POLICE AND FIRE DISPATCH SERVICE 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 2018-2021 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 foregi5ing resolution.
Commissioner Bill Dwyer, Distric
hairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
POLICE AND FIRE DISPATCH SERVICE AGREEMENT
BETWEEN COUNTY OF OAKLAND
AND
CITY OF WIXOM
April 1, 2018 — March 31, 2021
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 WIXOM, a Michigan Constitutional and Municipal Corporation, whose address is 49045 Pontiac Trail, Wixom,
MI 48393 (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:
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 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 arty 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.0, 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 WIXOM
April 1,2018 — March 31, 2021
Rev. 11/20/17 - FINAL
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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).
e. "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.
f. "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, 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 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.
POLICE AND FIRE DISPATCI I SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF WIXOM
April 1,2018 — March 31, 2021
Rev, 11120/17 - FINAL
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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
0.0.5.0. 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. The 0.C.S.O. may, at its sole discretion and expense, inspect any MUNICIPAL PERSONNEL radio or
other communication equipment to ensure that it conforms with applicable 0.C.S.O. dispatching
procedures, policies, standards, technical specifications, and/or state and federal law. If the inspection
reveals a lack of conformance, the 0.C.S.O. shall notify the MUNICIPALITY in writing of the specific
violations. The MUNICIPALITY shall address and correct such violations at its own expense within
thirty (30) calendar days of receiving the written notice or present a written plan to 0.C.S.O. within 15
calendar days setting forth a procedure for correcting the violations. If the MUNICIPALITY fails to
address and/or correct such violations within the time period set forth in this paragraph, the 0.C.S.O.
may terminate and/or cancel the Agreement.
11. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, 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 P.M. on March 31, 2021. 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, 2021 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.
12. 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 the MUNICIPALITY's Governing Body and
POLICE AND FIRE DISPATCH SERVICE AOREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF WIXOM
April 1, 2018 — March 31, 2021
Rev. 11/20117 - FINAL
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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.
13. In consideration of the COUNTY'S promises and efforts under this Agreement, the MUNICIPALITY
agrees to pay to the COUNTY $13,257.60 per month for service for the months of April 1, 2018 through
March 31, 2019; $13,654.50 per month for service for the months of April 1, 2019 through March 31,
2020; and $14,063.96 per month for service for the months of April 1, 2020 through March 31, 2021 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 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.
b. All Monthly payments shall be due and payable by the MUNICIPALITY 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.
14. 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 expenses,
including attorney's fees and court costs, incurred by the COUNTY in the collection of any amount owed
by the MUNICIPALITY.
15. 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 CLA1M(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
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF WIXOM
April 1, 2018— March 31, 2021
Rev. 11/20/17 - FINAL
Page 4 of 7
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.
16. Each Party shall be responsible for any CLAIM made against that Party and for the acts of its Employees
or Agents.
17. 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.
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 agents or employees 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. 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),
21. 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.
22. This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede, or
otherwise affect or control, in any manner, any term(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).
23. 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.
24. 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).
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF WIXOM
April I, 2018 — March 31, 2021
Rev. 11/20/17 FINAL
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25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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's Governing Body in accordance with the procedures
set forth herein.
31. 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 WIXOM
April 1, 2018 — March. 31, 2021
Rev. 11/20/17 FINAL
Page 6 of 7
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 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 , 2018.
WITNESS:
Name:
Title:
CITY OF WIXOM,
a Michigan Municipal Corporation
BY:
Kevin W. Hinkley
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
POLICE AND FIRE DISPATCH SERVICE AGREEMENT BETWEEN
COUNTY OF OAKLAND AND CITY OF WIXOM
April 1,2018 — March 31, 2021
Rev, 11/20/17 - FINAL
Page 7 of 7
Resolution #18047 February 1, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18047) February 21, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE — POLICE AND FIRE DISPATCH SERVICE AGREEMENT WITH THE CITY
OF WIXOM, 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 police and fire dispatch services between
the Oakland County Sheriff's Office and the City of Wixom for the period April 1, 2018 through
March 31, 2021.
2. The Police and Fire Dispatch contract rates established for the period April 1, 2018 through
March 31, 2019 are $30.45 per call and $6,410 per Full Time Eligible (FTE) Police Officer position
or $159,091 annually; for the period April 1, 2019 through March 31, 2020 are $31.36 per call and
$6,602 per FTE Police Officer position or $163,864 annually; and for the period April 1, 2020
through March 31, 2021 are $32.30 per call and $6,800 per FTE Police Officer position or
$168,768 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 (MR. #18021) titled SHERIFF'S OFFICE —
ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES — /VOL 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.
Resolution #18047 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).
1 HEREBYAFPFIOVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO IVICL 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 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.
AeW
Lisa Brown, Oakland County