HomeMy WebLinkAboutResolutions - 1999.04.29 - 25587PUBLIC SERVICES COMMITTEE,
MISCELLANEOUS RESOLUTION #99075 April 15, 1999
BY: PUBLIC SERVICES COMMITTEE, FRANK H. MILLARD, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT -POLICE DISPATCH SERVICE FOR OAKLAND COMMUNITY
COLLEGE FOR 1999-2002
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 #96087 authorized a police dispatch
contract for the years 1996/1997/1998 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 $54,000 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.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Causey-Mitchell and Dingeldey absent.
1999 - 2002 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, Michael J. Bouchard, 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
*if
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,
nonuniformed, 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 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, 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. c-
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, 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. v"
1999 - 2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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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 0.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
0.C.S.D. or COUNTY AGENT(S) efforts, an 0.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
call 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 CLAIM(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.,_,-
6. 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 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, after, 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.1/
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
1999 - 2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Page 3
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.c„.4-0.'"
10. In consideration of the COUNTY'S promises and efforts under this Agreement, the COLLEGE
agrees to pay to the COUNTY, FOUR THOUSAND. FIVE HUNDRED ($4.500) DOLLARS per
month for each calendar month that this Agreement is in effect as follows: 4:—
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).
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
Agreemen4,
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. a-4w--
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:
Products and completed operations; -'-
Broad Form Property damage;
1999 - 2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Page 4
iii. Premises/Operations; (-
iv. (Blanket) Broad Form Contractual; '
v. Personal Injury - delete contractual exclusion "A"; and '
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 minion amount of $100,000.00;
c. Professional Liability (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 z-
"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 payment 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 and 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
1999 -2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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act(s) or omission(s) by the COLLEGE and/or any COLLEGE PpLICE 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;
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 and 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 L-
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, shall 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 insurance right 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 cw 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).t.,"
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 party of any obligations which, by their
nature, survive expiration or termination of this Agreement. 1.,"
1999 - 2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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Page
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,tionship 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 anyty.INTY or COUNTY AGENT(S) duty or
obligation under the terms of this Agreement.
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 Oy the SHERIFF of any act(s) or
performance of any duties by any COUNTY AGENT(S).1j
23. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective on April 1, 1999, 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 -2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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2002. 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,
2002, 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.L.,-----
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. t---
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, 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. Z/"--
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 certain radio and 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
1999 -2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
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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 and provisions of this Agreement.
.hf
1999 - 2002 POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Pane 9
IN WITNESS WHEREOF,CLARENCE BRANTLEY, 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 onrbehalf of Oakland Community College and hereby accepts a the Oakland
CogafnACopgge to the terms and conditions of this Agreement on this Ag :y of
, 1999.
OAKLAND COMMUNITY COLLEGE,
a Michigan Statutory Corporation
BY:
Chief Business Officer
WITNESSES:
"Pr 411111n../
. /./
CLARENCE BRANTLEY
WITNESS:
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional _Officer
BYn
Michael J. Bou
Oakland County Sheriff
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 \'1\-Nrn day of 'i\ r. rj. , 1999.
COUNTY OF OAKLAND, a Michigan Municipal
Corporation )1
cOUWOCH,
ni Oakland County Board
ners
BY:
JOHN P.
Chairpers
of Commis
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby concurs and accepts the terms and conditions of this
Agreement as they relate to the Office of the Oakland County Sheriff, on this/Gl fsi* day of
/Ca7n9y , 1999.
WITNESS:
1999 -2002 POUCE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
OAKLAND COMMUNITY COLLEGE
Pogo 10
Resolution #99075 April 15, 1999
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
FISCAL NOTE (M.R.#99075) April 29, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR OAKLAND COMMUNITY
COLLEGE FOR 1999-2002
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 that sufficient revenue and
expenditures have been included in the 1999/2000 Biennial Budget to cover the
terms of the proposed contract, no additional appropriation is required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
HEREBYF)111(93/-i3 OREGOING RESOLUTION
L Brooke Patteree6 County Executive Date
Resolution #99075 April 29, 1999
Moved by Millard supported by Appel the resolution be adopted.
AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, McPherson, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 29, 1999 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 29p. dayAf April, 1999.
G.Nilliam Caddell, County Clerk