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HomeMy WebLinkAboutResolutions - 1994.05.12 - 24193C SERVICES CO ,ITEI.,- , BL raidiu) April 28, 1994 REPORT (Misc. #94043) BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON RE: M.R. #94043, SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution, reports with the recommendation that the resolution be adopted with the attached revised contract dated April 19, 1994. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the fpiregoing report. oner jklif Kingzett February 10, 1994 MISCELLANEOUS RESOLUTION #94043 BY: Commissioners Lawrence A. Obrecht and Jeff Kingzett IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS To the Oakland County Board of Commissioners Chairperson,Ladies and Gentlemen: WHEREAS at the request of the City of Lake Angelus the Sheriff's Department has been dispatching police calls for the Lake Angelus Police Department; and WHEREAS by adoption of M.R. #93148, the Board of Commissioners approved an agreement between the City of Lake Angelus and the County which allowed the Sheriff to provide those Police Dispatch - ing Services to the City at a rate of $13.80 per call with a maximum cost to the City of $2500 annually. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of Lake Angelus for the remainder of 1994 at the current rate of $13.80 per call, with an annual maximum charge of $2500. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board to enter into the attached Dispatching Agreement with the City of Lake Angelus. Chairman, We move the adoption o,f, the foregoing resolution. • 4, ( 6i.WdITI-ssioner Lawrence Obrecht AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT is made this Day of ,1994, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation [COUNTY], and the City of Lake Angelus [CITY]. In consideration of the agreements contained herein, the parties agree to the following terms and conditions: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT shall provide Police Dispatch Services for the CITY, commencing on , 1994 and continuing through December 31, 1994. 2. The CITY shall reimburse the COUNTY for Police Dispatch at the rate of $13.80 per call upon receipt of a monthly invoice submitted by the COUNTY documenting said calls, and such charge to the CITY shall not exceed $2500 annually. 3. The parties have the right to terminate this Agreement upon sixty [60] days' written notice. 4. The CITY agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or damages which arise from the negligent acts or omissions of the CITY, its agents or employees in connection with the duties and services under this Agreement. 5. The COUNTY agrees to defend, indemnify and hold the CITY harmless from any and all liability or damages which arise from the negligent acts or omissions of the COUNTY, its agents or employees in connection with the duties and services under this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year written above. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: Larry P. Crake, Chairperson Board of Commissioners By: Donald P. Althoff, Mayor City of Lake Angelus By: John F. Nichols, Sheriff County of Oakland WITNESSETH WHEREAS, the CITY is authorized by law to provide police services for residents of the CITY; and WHEREAS, in order to provide effective police services for its residents, the CITY also must provide for police communication an' dispatching; and WHEREAS, the SHERIFF'S DEPARTMENT provides for its c SHERIFF'S Deputy communication and dispatching but, absent t Agreement, is not obligated to provide any "DISPATCH SERVICE (F as defined in this Agreement, for the CITY; and WHEREAS, the SHERIFF'S DEPARTMENT and the CITY may enter an agreement by which the SHERIFF'S DEPARTMENT would provide! DISPATCH SERVICE(S) for the CITY; and WHEREAS, the CITY has concluded that it is more cost ef for the CITY to contract for DISPATCH SERVICE(S) with the V DEPARTMENT than to equip and staff its own police commv center; and WHEREAS, the SHERIFF'S DEPARTMENT agrees to provid SERVICE(S) for "CITY POLICE OFFICER(S)", as define Agreement, under the following terms and conditions; NOW, THEREFORE, in consideration of these premi following promises, representations, and acknowledg mutually agreed as follows: #-91( DISPATCH SERVICE(S) AGREEMENT FOR 1994 - 1995 BETWEEN THE OAKLAND COUNTY SHERIFF'S DEPARTMENT AND THE CITY OF LAKE ANGELUS This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"), and the CITY OF LAKE ANGELUS, a Michigan Constitutional and Municipal Corporation, located within Oakland County, whose address is 45 Gallogly road, City of Lake Angelus 48326 (hereafter the "CITY"). In this Agreement, the COUNTY and SHERIFF hereafter, and as further defined below, shall be jointly and collectively referred to as the "SHERIFF'S DEPARTMENT". TT SERVICES CO7M.I7 (_,?/ April 28, 1994 REPORT (Misc. #94043) BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON RE: M.R. #94043, SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution, reports with the recommendation that the resolution be adopted with the attached revised contract dated April 19, 1994. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the fpiregoing report. February 10, 1994 MISCELLANEOUS RESOLUTION #94043 BY: Commissioners Lawrence A. Obrecht and Jeff Kingzett IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS To the Oakland County Board of Commissioners Chairperson,Ladies and Gentlemen: WHEREAS at the request of the City of Lake Angelus the Sheriff's Department has been dispatching police calls for the Lake Angelus Police Department; and WHEREAS by adoption of M.R. #93148, the Board of Commissioners approved an agreement between the City of Lake Angelus and the County which allowed the Sheriff to provide those Police Dispatch - ing Services to the City at a rate of $13.80 per call with a maximum cost to the City of $2500 annually. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of Lake Angelus for the remainder of 1994 at the current rate of $13.80 per call, with an annual maximum charge of $2500. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board to enter into the attached Dispatching Agreement with the City of Lake Angelus. Chairman, We move the adoption of, the foregoing resolution. (4, 8-6iGI-Ssioner Lawrence Obrecht 7 . Comm oner 4i6ff Kingzett AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT is made this Day of ,1994, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation [COUNTY], and the City of Lake Angelus [CITY]. In consideration of the agreements contained herein, the parties agree to the following terms and conditions: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT shall provide Police Dispatch Services for the CITY, commencing on , 1994 and continuing through December 31, 1994. 2. The CITY shall reimburse the COUNTY for Police Dispatch at the rate of $13.80 per call upon receipt of a monthly invoice submitted by the COUNTY documenting said calls, and such charge to the CITY shall not exceed $2500 annually. 3. The parties have the right to terminate this Agreement upon sixty [60] days' written notice. 4. The CITY agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or damages which arise from the negligent acts or omissions of the CITY, its agents or employees in connection with the duties and services under this Agreement. 5. The COUNTY agrees to defend, indemnify and hold the CITY harmless from any and all liability or damages which arise from the negligent acts or omissions of the COUNTY, its agents or employees in connection with the duties and services under this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year written above. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: Larry P. Crake, Chairperson Board of Commissioners By: Donald P. Althoff, Mayor City of Lake Angelus By: John F. Nichols, Sheriff County of Oakland At-N6A,13 (4da_, *If DISPATCH SERVICE(S) AGREEMENT FOR 1994 - 1995 BETWEEN THE OAKLAND COUNTY SHERIFF'S DEPARTMENT AND THE CITY OF LAKE ANGELUS This Agreement is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"), and the CITY OF LAKE ANGELUS, a Michigan Constitutional and Municipal Corporation, located within Oakland County, whose address is 45 Gallogly road, City of Lake Angelus 48326 (hereafter the "CITY"). In this Agreement, the COUNTY and SHERIFF hereafter, and as further defined below, shall be jointly and collectively referred to as the "SHERIFF'S DEPARTMENT". WITNESSETH WHEREAS, the CITY is authorized by law to provide police services for residents of the CITY; and WHEREAS, in order to provide effective police services for its residents, the CITY also must provide for police communication and dispatching; and WHEREAS, the SHERIFF'S DEPARTMENT provides for its own SHERIFF'S Deputy communication and dispatching but, absent this Agreement, is not obligated to provide any "DISPATCH SERVICE(S)", as defined in this Agreement, for the CITY; and WHEREAS, the SHERIFF'S DEPARTMENT and the CITY may enter into an agreement by which the SHERIFF'S DEPARTMENT would provide police DISPATCH SERVICE(S) for the CITY; and WHEREAS, the CITY has concluded that it is more cost effective for the CITY to contract for DISPATCH SERVICE(S) with the SHERIFF'S DEPARTMENT than to equip and staff its own police communication center; and WHEREAS, the SHERIFF'S DEPARTMENT agrees to provide DISPATCH SERVICE(S) for "CITY POLICE OFFICER(S)", as defined in this Agreement, under the following terms and conditions; NOW, THEREFORE, in consideration of these premises, and the following promises, representations, and acknowledgments, it is mutually agreed as follows: 1 4 1. The SHERIFF'S DEPARTMENT shall, in conjunction with its existing police communications functions, provide DISPATCH SERVICE(S) for the CITY and to CITY POLICE OFFICER(S). 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 nonpossessive, shall be defined, read, and interpreted as follows: a. "DISPATCH SERVICE(S)" shall be defined to include: any emergency or nonemergency telephone call or notice, of any kind, received by the SHERIFF'S DEPARTMENT, which either requests, requires or, in the sole judgement of SHERIFF'S DEPARTMENT, appears to request or require, the presence, attention, or services of any CITY POLICE OFFICER(S) 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 SHERIFF'S DEPARTMENT radio communication, or any attempted radio communication, to any CITY POLICE OFFICER(S). b. "CITY POLICE OFFICER(S)" shall be defined to include: any and all uniformed, nonuniformed, civilian, command, volunteer, administrative and/or supervisory personnel employed and/or contracted with by the CITY either to provide, supply, support, administer, or direct any CITY police or law enforcement services and/or any persons acting by, through, under, or in concert with any of them; or any other CITY official, officer, employee or agent whose CITY job duties may include the receipt of any SHERIFF'S DEPARTMENT DISPATCH SERVICE(S). c. "SHERIFF'S DEPARTMENT" shall be defined to include: the COUNTY OF OAKLAND, the OAKLAND COUNTY SHERIFF, SHERIFF JOHN F. NICHOLS, or any of them, and any and all of each of their respective elected and appointed officials, commissioners, boards, committees, commissions, departments, divisions, trustees, volunteers, employees, 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. d. "CLAIM(S)" shall be defined to include: any and all losses, complaints, demands for relief or damages, suits, damages, causes of action, proceedings, judgments, deficiencies, penalties, costs, and expenses, including, but not limited to, any reimbursement for reasonable attorney 2 fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount for which the SHERIFF'S DEPARTMENT 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, any statute, rule, regulation, or the common law; whether federal or state, in law or equity, tort, contract, or otherwise; and/or whether commenced or threatened. 3. The CITY agrees that under the terms of this Agreement, except for the DISPATCH SERVICE(S) expressly contracted for herein, the SHERIFF'S DEPARTMENT shall not be obligated, in any other way, to provide or assist the CITY or any CITY POLICE OFFICER(S) with any other direct, indirect, backup, or supplemental support or law enforcement service or protection, of any kind or nature whatsoever, or required to send any SHERIFF'S Deputy to respond, in any way, to any call for CITY POLICE OFFICER(S) services. 4. The CITY 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 CITY POLICE OFFICER(S) to receive and respond to any SHERIFF'S DEPARTMENT DISPATCH SERVICE(S) in a timely and professional manner. 5. The CITY acknowledges that there may be circumstances when, despite all reasonable SHERIFF'S DEPARTMENT efforts, a SHERIFF'S DEPARTMENT attempt to communicate or provide DISPATCH SERVICE(S) for CITY POLICE OFFICER(S) may be unsuccessful and, as a result, a CITY POLICE OFFICER(S)1 timely response to a call for a CITY POLICE OFFICER(S)' assistance may not be forthcoming. In all such circumstances, the CITY agrees that it shall be solely liable and exclusively responsible for any and all resulting CLAIM(S) against the SHERIFF'S DEPARTMENT, the CITY shall indemnify and hold harmless the SHERIFF'S DEPARTMENT. 6. The CITY agrees that this Agreement does not, and is not intended to, include any SHERIFF'S DEPARTMENT warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision of DISPATCH SERVICE(S) to the CITY except that the SHERIFF'S DEPARTMENT will make every reasonable effort to provide DISPATCH SERVICE(S) for any CITY POLICE OFFICER(S) consistent with all existing SHERIFF'S DEPARTMENT communication and dispatching policies, procedures, orders, and standards. 7. The CITY agrees that under the terms of this Agreement the CITY shall be solely and exclusively responsible for all costs, expenses or liabilities associated with the purchase, lease, operation, and/or use of any CITY POLICE OFFICER(S)' radio or other communication equipment, and that the SHERIFF'S DEPARTMENT shall not be obligated to provide any CITY POLICE OFFICER(S) with any 3 radio or other communication equipment of any kind. Similarly, the SHERIFF'S DEPARTMENT agrees that the CITY shall not be obligated under the terms of this Agreement to supply or provide the SHERIFF'S DEPARTMENT with any additional telephones, telephone lines, radios, or other communications equipment or property. 8. The CITY agrees that this Agreement does not, and is not intended to, obligate or require the SHERIFF'S DEPARTMENT to change, alter, modify, or develop any different DISPATCH SERVICE(S) related codes, policies, practices or procedures; purchase or use any special or additional equipment; or, alternatively, prohibit the SHERIFF'S DEPARTMENT from implementing any future communication-related changes that the SHERIFF'S DEPARTMENT, in its sole judgment and discretion, believes to be in its best interest. 9. The CITY agrees that it shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all CITY POLICE OFFICER(S) radios and other communication equipment will be properly set and adjusted to receive any DISPATCH SERVICE(S) from the SHERIFF'S DEPARTMENT and otherwise maintained in full and proper working order; (b) all CITY POLICE OFFICER(S) will be adequately trained and will comply with all applicable SHERIFF'S DEPARTMENT communications codes, practices, policies and procedures, as well as any applicable state or federal (FCC) communication requirements; (c) the CITY and all CITY POLICE OFFICER(S) shall, at all times, promptly and properly notify the SHERIFF'S DEPARTMENT of any CITY POLICE OFFICER(S)' on-duty or of status and/or availability or unavailability to receive DISPATCH SERVICE(S) from the SHERIFF'S DEPARTMENT; and (d) all CITY POLICE OFFICER(S) radio and communication equipment, policies, practices and procedures shall conform to those of the SHERIFF'S DEPARTMENT as they now exist or may be changed in the future. 10. The CITY agrees to pay to the SHERIFF'S DEPARTMENT THIRTEEN DOLLARS EIGHTY CENTS ($13.80) for each DISPATCH SERVICE(S) made by the SHERIFF'S DEPARTMENT during 1994, except that the maximum amount due and payable to the SHERIFF'S DEPARTMENT (hereafter the "CAP") by the CITY for all DISPATCH SERVICE(S) in 1994 shall be TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00). Subject to the cancellation provisions in this Agreement, the fact that the CAP might be reached in 1994 shall not affect the SHERIFF'S DEPARTMENT'S obligation to continue to provide DISPATCH SERVICE(S) for CITY POLICE OFFICER(S) for the remainder of 1994. In calendar year 1995, the CITY agrees to pay the SHERIFF'S DEPARTMENT for each DISPATCH SERVICE(S) at such Rate(s) and/or in such Amount(s) as established by the Oakland County Board of Commissioners. In the event that the CITY finds the Rate(s) and/or Amount(s) established for 1995 DISPATCH SERVICE(S) unacceptable for any reason, the CITY shall cancel this Agreement, in writing, as provided for herein, to be effective on or before April 15, 1995; otherwise the CITY shall be obligated to pay for any and all DISPATCH SERVICE(S) received during 1995 at the established 1995 Rate(s) and/or Amount(s) for 4 the entire 1995 calendar year. If, however, the CITY cancels this Agreement effective on or before April 15, 1995; the CITY shall only be obligated to pay to the SHERIFF'S DEPARTMENT THIRTEEN DOLLARS EIGHTY CENTS ($13.80), without any CAP, for each DISPATCH SERVICE(S) by the SHERIFF'S DEPARTMENT which occurred between January 1, 1995, and the effective cancellation of this Agreement on or before April 15, 1995. 11. Following any month in which the SHERIFF'S DEPARTMENT provided any DISPATCH SERVICE(S) to the CITY, the SHERIFF'S DEPARTMENT shall forward an invoice to the CITY that identifies the total amount due and payable by the CITY. Subject to any applicable CAP provision, the CITY agrees to pay to the COUNTY the full amount due and owing on any such invoice within thirty (30) calendar days after the invoice date. 12. The CITY agrees, at its sole cost and expense, to purchase and maintain the following insurance coverage(s), in the minimum coverage amounts indicated, for the entire duration of this Agreement and to provide the COUNTY with the following Certificates of Insurance. The CITY acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY Risk Management Division. a. Comprehensive General Liability Broad Form Endorsement in the minimum amount of $1,000,000.00 C.S.L. and with the following as minimum requirements: i. Products and completed operations; ii. Broad Form Property damage; iii. Premises/Operations; iv. (Blanket) Broad Form Contractual; v. Personal Injury - delete contractual exclusion "A" and employee exclusion "C"; and vi. Additional Insured - The COUNTY OF OAKLAND and the SHERIFF'S DEPARTMENT as defined in this Agreement to include, without limitation, all COUNTY employees and all COUNTY elected and appointed elected officials and their agents. b. Workers' Compensation Insurance as required by the laws of the State of Michigan with Employer Liability Coverage in the minimum amount of $100,000.00; c. Professional Liability (Errors and Omissions), including Police Professional Liability, in the minimum amount of 5 $1,000,000.00; d. All Certificates of Insurance, self-insurance, or duplicate policies of any outside vendor or contractor shall contain the following clauses; 1. "Any coverage afforded the COUNTY shall apply as primary and not excess to any insurance issued in the name of the COUNTY OF OAKLAND, et al."; "The insurance company(s) issuing the policy or policies shall have no recourse against the COUNTY OF OAKLAND for payment of any premiums or for assessments under any form of policy."; iii. "Any and all deductibles in the above described insurance policies shall be assumed by, and be for the account of, and at the sole risk of the CITY."; and iv. "There will be no additional exclusions running to the Additional Insured based upon any actions or activities of the named insured." e. All Certificates of Insurance are to provide thirty (30) days notice of material change or cancellation. All Certificates of Insurance must be provided no less than ten (10) working days before commencement of date of this Agreement to the COUNTY'S Risk Management Division. Insurance carriers, coverage(s), and policy limits are also subject to the approval of the COUNTY'S Risk Management Division as to conformity with the requirements of this Agreement. 13. The CITY agrees that the COUNTY OF OAKLAND and/or the SHERIFF'S DEPARTMENT shall be legally subrogated to any rights to recover or any benefits the CITY may have in any insurance policy and to the full extent of any payment made under any insurance policy as may be required to make the SHERIFF'S DEPARTMENT whole for any CLAMS). The CITY agrees to cooperate and perform any act necessary to secure such rights for the SHERIFF'S DEPARTMENT. 14. Except as otherwise provided in this Paragraph, the CITY agrees to defend, indemnify and hold the SHERIFF'S DEPARTMENT harmless from and against any and all CLAIM(S) (as defined in this Agreement) which are imposed upon, incurred by, or asserted against the SHERIFF'S DEPARTMENT by any person and which are based upon, result from, arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY POLICE OFFICER(S), including, but not limited to: a. Any alleged breach of any legal duty to any person by the CITY or any CITY POLICE OFFICER(S); 6 b. Any alleged CITY or CITY POLICE OFFICER(S)' negligent or erroneous response to, or failure to respond to, any communication or DISPATCH SERVICE(S) from the SHERIFF'S DEPARTMENT; c. Any alleged failure by the SHERIFF'S DEPARTMENT to receive in a timely manner any telephone call for police services due to any alleged negligence by the CITY; d. Any alleged failure by the CITY or any CITY POLICE OFFICER(S) to receive any transmitted DISPATCH SERVICE(S); e. Any alleged failure by the CITY or any CITY POLICE OFFICER(S) to comply with any duty or obligation in this Agreement; and/or f. Any other CLAIM(S) based, in any way, upon any CITY or CITY POLICE OFFICER(S) law enforcement services, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The CITY, however, shall not be obligated to pay any portion of any court-ordered judgment or award for which a court has determined that the SHERIFF'S DEPARTMENT was either solely negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY POLICE OFFICER(S). 15. The indemnification right afforded to the COUNTY in this Agreement shall be excess and over and above any other valid and collectable insurance right available to the COUNTY from the CITY and applicable to any part of any ultimate net SHERIFF'S DEPARTMENT loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that the CITY'S promise to indemnify, pay and hold harmless the SHERIFF'S DEPARTMENT as set forth in this Agreement may become unenforceable or uncollectible, the CITY shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the SHERIFF'S DEPARTMENT. 16. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability, representations, insurance coverage obligations, 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. 17. Except as expressly provided herein, this Agreement does not, 7 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 or organization, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 18. The CITY and the SHERIFF'S DEPARTMENT agree that neither the SHERIFF'S DEPARTMENT nor any of its employees, by virtue of this Agreement or otherwise, shall be considered or asserted to be employees of the CITY and further agree that, at all times and for all purposes under the terms of this Agreement, the SHERIFF'S DEPARTMENT'S legal status and relationship to the CITY shall be that of an Independent Contractor. The parties also agree that no CITY POLICE OFFICER(S) or any other CITY 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 SHERIFF'S DEPARTMENT. 19. The CITY and the SHERIFF'S DEPARTMENT agree that, at all times and for all purposes relevant to this Agreement, the CITY and the SHERIFF'S DEPARTMENT shall each remain the sole and exclusive employer of each of their respective employees. The CITY and the SHERIFF'S DEPARTMENT 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 SHERIFF'S DEPARTMENT or CITY employee. 20. 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 SHERIFF'S DEPARTMENT employee(s), any applicable SHERIFF'S DEPARTMENT 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 SHERIFF'S DEPARTMENT 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 SHERIFF'S DEPARTMENT and/or all conduct and actions of any SHERIFF'S DEPARTMENT employee. 21. The CITY agrees that neither the CITY nor any CITY POLICE OFFICER(S) shall provide, furnish or assign any SHERIFF'S DEPARTMENT employee with any job instructions, job descriptions, job specifications, or job duties, or, in any manner, attempt to 8 control, supervise, train, or direct any SHERIFF'S DEPARTMENT employee in the performance of any SHERIFF'S DEPARTMENT duty or obligation under the terms of this Agreement. 22. The CITY agrees that it shall promptly deliver to the SHERIFF'S DEPARTMENT written notice and copies of any CLAMS), 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 CITY becomes aware of which involves, in any way, the SHERIFF'S DEPARTMENT or any SHERIFF'S DEPARTMENT employee. The CITY agrees to cooperate with the SHERIFF'S DEPARTMENT in any investigation conducted by the SHERIFF of any act(s) or performance of any duties by any SHERIFF'S DEPARTMENT employee. 23. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this Agreement shall become effective on April 1, 1994, 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 December 31, 1995. Either the COUNTY, the SHERIFF, or the CITY may cancel this Agreement, for any reason and without any penalty, before its December 31, 1995, expiration by delivering a written notice of their intent to cancel this Agreement to the other two parties at least ninety (90) days before the desired effective date of cancellation (which shall be clearly stated in this written notice), and at 11:59 P.M. on the stated effective date of cancellation this Agreement shall be canceled. 24. 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 Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and also shall 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 the SHERIFF'S DEPARTMENT 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. 25. The parties 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 ..1. 9 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 nonpossessive, 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, the SHERIFF, and the CITY 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. This Agreement, consisting of twelve (12) pages sets forth the entire Agreement between the SHERIFF'S DEPARTMENT and the CITY and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. The parties acknowledge the possibility that the CITY may, in the future, decide to lease certain CITY POLICE OFFICER(S) radio and communications equipment from the COUNTY, and the CITY hereby agrees that this Agreement shall control 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 agreements, understandings, or representations between the SHERIFF'S DEPARTMENT and the CITY 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 CITY Council 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, the SHERIFF, and the CITY hereby agree and promise to be bound by the terms and provisions of this Agreement. 10 COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corpor4don "(- LARRY PiCRAKE, Chairperson, Board of Commissioners WITNESS: IN WITNESS WHEREOF, Donald P. Althoff , Mayor, of the CITY, hereby acknowledges that /he has been authorized by a resolution of the CITY Council (a certified copy of which is attached) to execute this Agreement on behalf of the CITY, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the CITY to the terms and conditions of this Agreement on this day of , 1994. WITNESSES: CITY of Lake Angelus, a Michigan Constitutional and Municipal Corporation vedat 411., ,M01- Donald P. A ff Mayor And leitttelt me City Clerk IN WITNESS WHEREOF, LARRY P. CRAKE, Chairperson of the Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the teus and conditions of the Agreement on this CP day of 149 1E , 1994. 1 1 N F. NICHOLS,`-. akland County Sheriff IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland Count Sheriff to tile, terms and conditions of this Agreement on this day of , 1994. WITNESS: z 12 whi gan MANAGEMENT AUTHORITY Authorized Representa9 Regional Risk Manager Regional Risk Managers C. M. Althoff Company 217 S. Woodward Ave., Ste. 201 Royai Oak, Michigan 48067-2466 Phone: (810) 546-3300; 1-800-276-6077 Facsimile: (810) 546-3303 CERTIFICATE OF COVERAGE This certificate is issued as a matter of information only and confers no rights upon the certificate holder except to the extent shown below. This certificate does not amend, extend or alter the coverage contained in the Authority's Joint Powers Agreement and coverage attachments thereto. This is to certify that a Self-Insured Program has been undertaken by the member listed below through the Authority pursuant to Act 138 P.A. 1982. The coverage provided by the Authority is as follows: 1. Liability coverage for general liability, automobile (including Michigan No-Fault) law enforcement and public officials liability; in the sum of $ 10,000,000. each occurrence inclusive of loss adjustment and defense costs. 2. Property Coverage including loss to real and personal property, to amounts stipulated in coverage documents and overview for this member. 3. Motor Vehicle Physical Damage Coverage for the vehicles stipulated in the Coverage Document. 4. 0 Information Only 5. 0 The physical damage interest of the following is included in the coverage related to the purchase or lease of vehicles or other property identified below and loss, if any, shall be adjusted with the member and payable to the member and the following, as their interest may appear: 6. AV Other (as described here): Coverage in 1. above is hereby amended to include The County of Oakland and the Sheriff's Department., all County employees, elected and appointed officials and their agents, but solely with respect to Dispatch Service(s) Agreement for 1994-1995 between the Oakland County Sheriff's Department and the City of Lake Angelus. Authority membership and coverage are continuous in nature, and bear no expiration or termination date, however, should the member identified below withdraw from the Authority, or its Authority Membership be otherwise terminated, the Authority shall endeavor to notify the certificate holder in writing thirty (30) days in advance thereof, but failure to furnish such notice shall impose no obligation or liability of any kind upon the Authority, or its representatives. This Certificate replaces and supersedes any previously issued Certificate. Certificate Holder: Member: County of Oakland Office of The Sheriff 1201 N. Telegraph Road Pontiac, Michigan 48341-1044 Distribution: cc: Rosalie Lake, Lake Angelus cc: Lorraine Zurenko, MMRMA City of Lake Angelus 764 Lake Angelus Shores Lake Angelus, Michigan 48326 Member Number: 38139 Effective Date of Membership: 07-01-86 Date Issued: MAY 19, 1994 May 12, 1994 FISCAL NOTE (Misc. #94043) BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS, MISCELLANEOUS RESOLUTION #94043 To The Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #94043 and finds: 1) The revised agreement as recommended by Corporation Counsel includes a rate of $13.80 per call with an annual maximum of $2,500 for 1994. Services provided during 1995 will be provided at a 1995 rate established by the Oakland County Board of Commissioners, allowing for cancellation of the agreement on or before April 15, 1995, if the 1995 rate is unacceptable to the City of Lake Angelus. 2) This revenue has been included in the 1994/1995 Biennial Budget, therefore, budget amendments are not required. FINANCE COMMITTEE I:\STEV\SHERIFF\LKANGELU.FN I HERE L Brooks Patter FOREGOING RESOLUTION Date (County(County Executive ROV In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 12th day 4)1APY 1994. . Allen, Coun y el-6k Lyn, Resolution 494043 May 12, 1994 Moved by Obrecht supported by Kingzett the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Kingzett the resolution be adopted. AYES: Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Pernick, Powers, Schmid. (22) NAYS: Palmer. (1) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 May 12, 1994 with the original record thereof now remaining in my office.