HomeMy WebLinkAboutResolutions - 1996.04.03 - 24666MISCELLANEOUS RESOLUTION #96087
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: Sheriff Department-Police Dispatch Service for Oakland
Community College for 1996/1997/1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of
Commissioners to permit the Sheriff's Department to enter into
contractual agreements for the purpose of Police Dispatch
services; and
WHEREAS at the request of Oakland Community College the
Sheriff's Department has been dispatching police calls for
Oakland Community College police; and
WHEREAS Miscellaneous Resolution #94165 authorized a
dispatch contract for the years 1994/1995 between the County and
Oakland Community College; and
WHEREAS Oakland Community College has requested that the
Sheriff's Department continue to dispatch their police calls; and
WHEREAS the Sheriff Department along with the Department of
Management & Budget is recommending the attached contract for
dispatching services at a flat rate of $50,000 per year for three
years, between the County of Oakland and Oakland Community
College.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners authorizes the Chairperson of the Board to enter
into the attached Police Dispatch Agreement with Oakland
Community College.
BE IT FURTHER RESOLVED that a portion of this increased
revenue is to offset the cost of the two additional digpahers
approved in the 1996/1997 Budget.
Chairperson, on behalf of the Public Services Committee, I
move the
PUBLIC SERVICES COMMITTEE
adoption of the foregoing resolution.
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1996 -1999 POLICE DISPATCH SERVICE(S) AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
OAKLAND COMMUNITY COLLEGE
This Agreement is made and entered into between the COUNTY OF OAKLAND, a
Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road,
Pontiac, Michigan 48341 (hereafter the "COUNTY''), and the OAKLAND COMMUNITY COLLEGE,
a Michigan Educational and Statutory Corporation, located within Oakland County, whose address
is 2480 Opdyke Road, Bloomfield Hills, Michigan 48304-2266 (hereafter the "COLLEGE"). In this
Agreement, the COUNTY shall also be represented by 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"). 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 DEPARTMENT' or, as
abbreviated, the "O.C.S D."
WITNESSETH
WHEREAS, the COLLEGE is authorized by law to provide security services for the various
COLLEGE campus locations; and
WHEREAS, in order to provide effective police and security services for its various campus
locations, the COLLEGE also must provide for police communication and dispatching; and
WHEREAS, the OAKLAND COUNTY SHERIFF'S DEPARTMENT (0.C.S.D.) provides
communication and dispatching for its own SHERIFF'S Deputies but, absent this Agreement, is not
obligated to provide any "POLICE DISPATCH SERVICE(S)", as defined in this Agreement, for the
COLLEGE: and
WHEREAS, the COUNTY and the COLLEGE may enter into an agreement by which the 0.C.S.D.
would provide POLICE DISPATCH SERVICE(S) for the COLLEGE; and
WHEREAS, the COLLEGE has concluded that it is more cost effective for the COLLEGE ,to
contract for POLICE DISPATCH SERVICE(S) with the COUNTY than to equip and staff its own
police communication center; and
WHEREAS, the COUNTY agrees to provide POLICE DISPATCH SERVICE(S) for "COLLEGE
POLICE PERSONNEL", as defined in this Agreement, under the following terms and conditions;
NOW. THEREFORE, in consideration of these premises, and the following promises,
representations, and acknowledgments, it is mutually agreed as follows:
1. The COUNTY, with the cooperation of the SHERIFF, shall, in conjunction with its existing
0.C.S.D. police communications functions, provide POLICE DISPATCH SERVICE(S) to
COLLEGE POLICE PERSONNEL for the COLLEGE.
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. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or
nonemergency telephone call or notice, of any kind, received by the 0.C.S.D.,
which either requests, requires or, in the sole judgement of 0.C.S.D. or designated
COUNTY AGENT(S), appears to request or require, the presence, attention, or
services of any COLLEGE 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.D. or designated COUNTY AGENT(S) radio
communication, or any attempted radio communication to any COLLEGE POLICE
PERSONNEL.
b. "COLLEGE 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 with by the COLLEGE either to
provide, supply, support, administer, or direct any COLLEGE police or law
enforcement services and/or any persons acting by, through, under, or in concert
with any of them; or any other COLLEGE official, officer, employee or agent whose
COLLEGE job duties may include the receipt of any 0.C.S.D POLICE DISPATCH
SERVICE(S).
c. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY
SHERIFF, SHERIFF JOHN F. NICHOLS, 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, except as otherwise expressly provided for herein).
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. For the purposes of any insurance or
indemnification right afforded the County under this Agreement, or with reference to
any CLAIM(S), as defined herein, COUNTY AGENT(S) as defined in this
Agreement shall also include any persons who were COUNTY AGENT(S) at any
time during the term of this Agreement but, for any reason, are no longer
employed, appointed, or elected in his/her previous capacity. COUNTY
AGENT(S), as defined herein, shall under no circumstances refer to or include any
person included within the definition of COLLEGE POLICE PERSONNEL
regardless whether such person may also be deputized as a regular or special
deputy of the SHERIFF.
d. "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
the COUNTY or any COUNTY AGENT(S) becomes legally and/or contractually
obligated to pay, or any other liabilities of any kind whatsoever whether direct,
1996 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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11t.
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 COLLEGE agrees that under the terms of this Agreement, except for the POLICE
DISPATCH SERVICE(S) expressly contracted for herein, the 0.C.S.D. and/or any
COUNTY AGENT(S) shall not be obligated, in any other way, pursuant to this Agreement,
to provide or assist the COLLEGE or any COLLEGE POLICE PERSONNEL with any other
direct, indirect, backup, or supplemental support 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 COLLEGE POLICE PERSONNEL services, The
foregoing shall not relieve the 0 C.S.D. from providing support, service, or protection to the
COLLEGE or COLLEGE POLICE PERSONNEL to the extent otherwise required by law.
4. The COLLEGE 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 COLLEGE POLICE PERSONNEL to receive and respond to any O.C.S.D. or
designated COUNTY AGENT(S) POLICE DISPATCH SERVICE(S) in a timely and
professional manner.
5, The COLLEGE acknowledges that there may be circumstances when, despite all
reasonable O.C.S D. or COUNTY AGENT(S) efforts, an O.C.S.D. or COUNTY AGENT(S)
attempt to communicate or provide POLICE DISPATCH SERVICE(S) for COLLEGE
POLICE PERSONNEL may be unsuccessful and, as a result, COLLEGE POLICE
PERSONNEL'S timely response to a car for COLLEGE POLICE PERSONNEL assistance
may not be forthcoming. Except in those circumstances where the failure to communicate
or provide POLICE DISPATCH SERVICE(S) is due to the negligence of the COUNTY, the
COLLEGE agrees to indemnify and hold harmless the COUNTY and/or any COUNTY
AGENT(S) from any and all resulting CLAIM(S) and that it shall be solely liable and
exclusively responsible for any and all CLA1M(S),against the COUNTY and/or any
COUNTY AGENT(S) as a result of any alleged COLLEGE POLICE PERSONNEL'S failure
to respond in a timely manner to a call for COLLEGE POLICE PERSONNEL assistance.
a. The COLLEGE agrees that this Agreement does not, and is not intended to, include any
0.C.S.D. warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the
provision of POLICE DISPATCH SERVICE(S) to the COLLEGE except that the COUNTY
will make a reasonable effort to provide POLICE DISPATCH SERVICE(S) for COLLEGE
POLICE PERSONNEL consistent with all existing 0.C.S,D. communication and dispatching
policies, procedures, orders, and standards.
7. The COLLEGE agrees that under the terms of this Agreement the COLLEGE shall be
solely and exclusively responsible for all costs, expenses and liabilities associated with the
purchase, lease, operation, and/or use of any COLLEGE POLICE PERSONNEL radio or
other communication equipment, and that the 0.C.S.D. shall not be obligated to provide
any COLLEGE POLICE PERSONNEL with any radio or other communication equipment of
any kind. Similarly, the COUNTY agrees that the COLLEGE shall not be obligated under
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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the terms of this Agreement to supply or provide the 0.C.S.D. with any additional
telephones, telephone lines, radios, or other communications equipment or property.
8. The COLLEGE agrees that this Agreement does not, and is not intended to, obligate or
require the 0.C.S.D. 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.D. from implementing any future
communication-related changes that the 0.C.S.D., in its judgment and discretion, believes
to be in its best interest.
9. The COLLEGE agrees that it shall be solely and exclusively responsible, during the term of
this Agreement, for guaranteeing that: (a) all COLLEGE POLICE PERSONNEL radios and
other communication equipment will be properly set and adjusted to receive any POLICE
DISPATCH SERVICE(S) from the 0.C.S.D. and/or COUNTY AGENT(S) and otherwise
maintained in full and proper working order; (b) all COLLEGE POLICE PERSONNEL will be
adequately trained and will comply with all applicable 0.C.S.D. communications codes,
practices, policies and procedures, as well as any applicable state or federal (FCC)
communication requirements; (c) the COLLEGE and all COLLEGE POLICE 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 COLLEGE POLICE
PERSONNEL to receive POLICE DISPATCH SERVICE(S) from the 0.C.S.D.; and (d) all
COLLEGE POLICE PERSONNEL radio and communication equipment, policies, practices
and procedures shall conform to those of the 0.C.S.D. as they now exist or may be
changed in the future. With regard to any changes in radio and communication equipment
which would result in the COLLEGE having to purchase new radios or retrofit existing
communications equipment, the COUNTY shall give the COLLEGE ninety (90) calendar
days written notice of any such change.
10. In consideration of the COUNTY'S promises and efforts under this Agreement, the
COLLEGE agrees to pay to the COUNTY FOUR THOUSAND. ONE HUNDRED AND
/12_&_Lojaja,66 Dc_)_2(1ARS.per month for each calendar month that
this Agreement is in effect as follows:
a. Each monthly payment shall be due and payable no later than the 15th calendar
day of each calendar month starting on April 15, 1996, and continuing each
calendar month thereafter, for any and all POLICE DISPATCH SERVICE(S)
rendered or to be rendered in that calendar month.
b. All Monthly payments shall be due and payable by the COLLEGE without any
further notice or demand from the COUNTY.
c. Each monthly payment shall be made by a check drawn on a COLLEGE account
and shall be made payable to the_County of Oakland and delivered to the attention
of Mr. C. Hugh Dohany, 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).
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
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f.
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
COLLEGE intended the payment to apply. The COLLEGE agrees that the
COUNTY, in its discretion, may apply any monthly payment received from the
COLLEGE to any past due amount or monthly payment then due and owing to the
COUNTY pursuant to this Agreement
11. The COLLEGE agrees that any and all of its payment obligations for any POLICE
DISPATCH SERVICE(S) received prior to the effective date that this Agreement is either
canceled or expires, as set forth in this Agreement, shall be absolute and unconditional in
all events and shall not be subject to any set-off, defense, counterclaim, or recoupment for
any reason whatsoever. The COLLEGE further agrees that any amount due and owing to
the COUNTY under this Agreement, which is still unpaid at the time the COUNTY
distributes any funds to the COLLEGE from the Delinquent Tax Revolving Fund (DTRF),
the COUNTY shall, in its sole discretion, be entitled to reduce, set-off, and permanently
retain from any amount due to the COLLEGE from Delinquent Tax Revolving Fund (DTRF)
any amount then due and owing the COUNTY pursuant to this Agreement. The COUNTY
shall give the COLLEGE thirty (30) calendar days written notice of any offset prior to
exercising its right to offset any such funds.
12. The COLLEGE 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 COLLEGE 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. Commercial 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;
Broad Form Property damage;
Premises/Operations;
iv. (Blanket) Broad Form Contractual:
v. Personal Injury - delete contractual exclusion "A"; and
vi. Additional Insured - The COUNTY OF OAKLAND, the SHERIFF, and any
and all COUNTY AGENT(S) as defined in this Agreement.
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;
1996 - 1999 POLICE DISPATCH SERVICE{S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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c. Professional Liabiiity (Errors and Omissions), including Police Professional Liability,
in the minimum amount of $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;
"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.";
"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
COLLEGE"; 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 COLLEGE agrees that the COUNTY and/or any COUNTY AGENT(S) shall be legally
subrogated to any rights to recover or any benefits the COLLEGE may have in any
insurance policy and to the full extent of any payfrient made under any insurance policy as
may be required to make the COUNTY and/or any COUNTY AGENT(S) whole for any
CLAIM(S) The COLLEGE agrees to cooperate and perform any act necessary to secure
such rights for the COUNTY and/or any COUNTY AGENT(S).
14. Except as otherwise provided in this Paragraph, the COLLEGE agrees to indemnify arid
hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all
CLAIM(S) (as defined in this Agreement) which are imposed upon, incurred by, or asserted
against the COUNTY and/or any COUNTY AGENT(S) by any person and which are based
upon. result from, arise from, or are in any way related to any alleged error, injury, mistake,
negligent or intentional act(s) or omission(s) by the COLLEGE and/or any COLLEGE
POLICE PERSONNEL arising under or out of this Agreement, including, but not limited to:
a. Any and all alleged breach of any legal duty to any person by the COLLEGE or any
COLLEGE POLICE PERSONNEL;
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
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b. Any and all alleged COLLEGE or COLLEGE POLICE PERSONNEL'S negligent or
erroneous response to, or failure to respond to, any communication or POLICE
DISPATCH SERVICE(S) from the COUNTY and/or any COUNTY AGENT(S).
C. Any ana all alleged failures by the COUNTY and/or any COUNTY AGENT(S) to
receive in a timely manner any telephone call for fire or emergency related services
due to any alleged negligence by the COLLEGE;
d. Any and all alleged failures by the COLLEGE or any COLLEGE POLICE
PERSONNEL to receive any transmitted POLICE DISPATCH SERVICE(S);
e. Any and all alleged injuries or losses to the COLLEGE and/or any COLLEGE
POLICE PERSONNEL arising out of any POLICE DISPATCH SERVICE(S)
provided under this Agreement;
f. Any and all alleged failures by the COLLEGE or any COLLEGE POLICE
PERSONNEL to comply with any duty or obligation in this Agreement; and/or
Any and all other alleged or actual CLAIM(S) based, in any way, upon any
COLLEGE or COLLEGE POLICE PERSONNEL services, equipment, or any other
event, occurrence. duty, or obligation related or attendant thereto,
The COLLEGE, however, shacl not be obligated to pay any portion of any court-ordered
final judgment or award for which a court has determined that the COUNTY and/or any
COUNTY AGENT(S) was either negligent or at fault for any specific dollar amount of
damages or loss to any person other than the COLLEGE or any COLLEGE POLICE
PERSONNEL.
15. The indemnification right afforded to the COUNTY in this Agreement shall be excess and
over and above any other valid and collectible insurancezight available to the COUNTY
from the COLLEGE and applicable to any part of any ultimate net COUNTY and/or any
COUNTY AGENT(S) loss whether or not any such insurance coverage is stated to be
primary, contributing, excess, or contingent. To the extent that any COLLEGE promise to
indemnify, pay and hold harmless the COUNTY and/or any COUNTY AGENT(S) as set
forth in this Agreement may become unenforceable or uncollectible, the COLLEGE 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 COUNTY and/or any
COUNTY AGENT(S).
16, The COLLEGE agrees that all COLLEGE 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. The parties
agree that the expiration, cancellation, or termination of this Agreement shall be without
prejudice to any rights or claims of either party against the other and shall not relieve either
1996 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
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party of any obligations which, by their nature, survive expiration or termination of this
Agreement.
17. Except as expressly provided herein, 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 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 COLLEGE 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 COLLEGE 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 COLLEGE shall be that of an Independent Contractor. The parties
also agree that no COLLEGE POLICE PERSONNEL or any other COLLEGE 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).
19. The COLLEGE and the COUNTY agree that, at all times and for all purposes relevant to
this Agreement. the COLLEGE and the 0.C.S.D, shall each remain the sole and exclusive
employer of each of their respective employees. The COLLEGE 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 COLLEGE POLICE PERSONNEL or any other COLLEGE
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 COUNTY AGENT(S), any applicable 0.C.S.D. 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.D. 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.D. and/or all conduct
and actions of any COUNTY AGENT(S).
21. The COLLEGE agrees that neither the COLLEGE nor any COLLEGE POLICE
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.
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
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22. The COLLEGE agrees that it shall promptly deliver to the 0.C.S.D. 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 COLLEGE
becomes aware of which involves, in any way, the 0.C.S.D, or any COUNTY AGENT(S).
The COLLEGE agrees to cooperate with the 0.C.S.D. in any investigation conducted by
the SHERIFF of any act(s) or performance of any duties by any COUNTY AGENT(S).
23. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph,
this Agreement shall become effective on April 1, 1996, 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, 1999. Either the COUNTY, the SHERIFF, or the COLLEGE may
cancel this Agreement, for any reason, including the convenience of any party, and without
any penalty, before its March 31, 1999, 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 last calendar day of the calendar month following the expiration
of the 90 calendar day notice period.
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
COLLEGE Board of Trustees. The approval and terms of this Agreement shall be entered
into the official minutes and proceedings of the COUNTY Board of Commissioners and
COLLEGE Board of Trustees and also shall be filed with the Office of the Clerk for the
COUNTY and the COLLEGE. 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.
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 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,
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
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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 COLLEGE 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 ten (10) pages, sets forth the entire contract and
understanding between the COUNTY and the COLLEGE 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, except that any prior
COLLEGE promise to reimburse the COUNTY or indemnify or provide the COUNTY with
any insurance protection against CLAIM(S) under any prior contract shall remain effective
and enforceable for any CLAIM(S) arising or occurring during any prior contract period.
The parties acknowledge the possibility that the COLLEGE may. in the future, decide to
lease-certaireradiceand communications equipment from the COUNTY, and the COLLEGE
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
contracts, understandings, or representations between the COUNTY and the COLLEGE 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
COLLEGE Board of Trustees in accordance with the procedures set forth herein.
30. For and in consideration of the mutual promises, acknowledgments, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the COUNTY and the COLLEGE
hereby agree and promise to be bound by the terms andprovisions of this Agreement.
1996 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Page 10
WITNESS: COUNTY OF OAKLAND, a Michigan Municipal
Corporation
BY:
MeCULLOCH,
Chai rson, Oakland County Board
of C missioners
e
IN WITNESS WHEREOF,CLARENCE BRANTLEY, interim Chief Business Officer and
Treasurer, for Oakland Community College, hereby acknowledges that he has been authorized by a
resolution of the Board of Trustees of Oakland Community College (a certified copy of which is
attached) to execute this Agreement on behalf of Oakland Community College and hereby accepts
and bInds the Oakf9zrld Corrjrnunity College to the terms and conditions of this Agreement on this
day of 6„(4,c.? I) , 1996.
WITNESSES: OAKLAND COMMUNITY COLLEGE,
a Michigan Statutory Corporation
CLARENCE BRANTLEY
Interim Chief Business Officer
IN WITNESS WHEREOF, JOHN P. McCULLOCH, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement
on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF
OAKLAND to the terms and conditions of the Agreement on this ,,,131-(-f day of•-k)i\u„,....),_.c,
1996.
IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer, hereby concurs and accepts the terms and
con,5itions of this Agreerr,e5as they relate to the Office of the Oakland County Sheriff, on this
day of ANL/ . 1996.
1996 - 1999 POLICE DISPATCH SERVICE{S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Page ii
BY:
N F:NICHOLS,
akland County Sheriff
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
WITNESS:
C
Cm.
I
Ni cc
"T)
1906 - 1999 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Page 12
FISCAL NOTE (Misc. #96087)
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: SHERIFF DEPARTMENT - POLICE DISPATCH SERVICES FOR OAKLAND COMMUNITY
COLLEGE FOR 1996/2997/1998 - MISCELLANEOUS RESOLUTION # 96XXX
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel
Committee has reviewed Miscellaneous Resolution #95087 and finds:
1. The Sheriff proposes a three year contract with the Oakland
Community College (April 1, 1996 through March 31, 1999) to
provide police dispatch service to the college at a flat rate of
$50,000 per year.
2. The 1996 Budget included an estimate of rates reflected in the
contract, no 1996 budget amendments are required.
3. Amendments to the 1997 Budget will be proposed during the 1997
budget amendment process, as final analysis of the dispatch
contracts and personnel is completed.
FINANCE AND PERSONNEL COMMITTEE
•
Resolution 496087 April 4, 1996
Moved by Taub supported by Quarles the resolution be adopted.
AYES: Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, McCulloch, McPherson, Moffitt, Obrecht, Palmer. (24)
NAYS: None. (4)
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 April 4 , 1996 with the original record
thereof now remaining in my office.
11 Testimony Whereof, I have hereunto set my hand and affixed the seal of the
244?
County of Oakland at Pontiac, Michigan this 4th day of pril • 60 „ele-1,...-.
,--.< A....
D. Allen, County Clerk