HomeMy WebLinkAboutResolutions - 2000.08.10 - 25925August 10, 2000
REPORT MR #00192
BY: Personnel Committee, Thomas A. Law, Chairperson
RE: MR #00192 SHERIFF'S DEPARTMENT — CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR
THE CITY OF WIXOM FOR 2000-2005 AND CREATION OF TWO SHERIFF COMMUNICATION AGENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above-mentioned resolution on July 26, 2000, recommends to
the Oakland County Board of Commissioners the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
,441t4i
Personnel Committee Vote:
Motion carried on unanimous roll call vote with Colasanti absent
MISCELLANEOUS RESOLUTION #00192 July 20, 2000
BY: PUBLIC SERVICES COMMITTEE, FRANK H. MILLARD, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR POLICE AND FIRE DISPATCH
SERVICES FOR THE CITY OF WIXOM FOR 2000-2005 AND CREATION OF TWO
SHERIFF COMMUNICATION AGENTS
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 and Fire Dispatch
services; and
WHEREAS at the request of the City of Wixom, the Sheriff's
Department has been requested to dispatch police and fire calls for
City of Wixom Police and Fire Departments; and
WHEREAS Miscellaneous Resolution #98013 established dispatch
rates through the year 2003; 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 $70,000 per year for the first
year and a 5% increase for each successive year, between the County of
Oakland and City of Wixom; and
WHEREAS the Sheriff is requesting the creation of two (2) Sheriff
Communication Agent positions in the Communications Unit; and
WHEREAS the cost of the positions are covered by the contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board to enter into the
attached Police and Fire Dispatch Agreement with the City of Wixom.
BE IT FURTHER RESOLVED that two (2) GF/GP Sheriff Communication
Agent positions be added to the Communications Unit, Technical Services
Division, of the Sheriff's Department.
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 Patterson and
Coleman absent.
Schedule A
Sheriff Department
Communications Agent
Additional Patrol Contracts added in 2000 (Since M.R. #99343)
Municipality Number of Additional Contracts
M.R. #00--- Independence Township (Patrol) 3
Total 3
Charge per contract for Dispatch Services $4, 323
Total revenue generated by additional contracts $12,969
M.R. #00--- Wixom Contract (Police/Fire) $70,000
Total Revenue Increase $82,969
Revenue balance from M.R. #99343 $ 18,149
Total $101,118
Cost for two (2) additional Communication Agents:
Salary @ 1 year step $28,576
Fringes @39% 11,145
Sub-total $39,721
Operating costs 1,000
Total $40,721 x2 $81,442
Balance $19,676
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE CITY OF WIXOM
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 CITY of WIXOM, a Michigan Constitutional and Municipal
Corporation, located within Oakland County, whose address is 49045 Pontiac Trail, Wixom, Michigan 48393-
2567 (hereafter the "CITY"). 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 CITY is authorized by law to provide police and fire protection service for residents of
the CITY; and
WHEREAS, in order to provide effective police and fire protection services for its residents, the CITY
also must provide for CITY Police and Fire Department communication and dispatch functions; and
WHEREAS, the OAKLAND COUNTY SHERIFF'S DEPARTMENT (0.C.S.D.) now provides police
communication and dispatch functions and has the capability to provide police and fire dispatch but, absent
this Agreement, is not obligated to provide any "POLICE and/or FIRE DISPATCH SERVICE(S)", as defined in
this Agreement, for the CITY; and
WHEREAS, the COUNTY and the CITY may enter into an contract by which the 0.C.S.D. would
provide POLICE and FIRE DISPATCH SERVICE(S) for the CITY; and
WHEREAS, the CITY has concluded that it is more cost effective for the CITY to contract for POLICE
and FIRE DISPATCH SERVICE(S) with the 0.C.S.D. than to equip and staff its own police and fire
communication and dispatch center; and
WHEREAS, the 0.C.S.D. agrees to provide POLICE and FIRE DISPATCH SERVICE(S) for the
"CITY POLICE and FIRE PERSONNEL", as defined in this Agreement, under the following terms and
conditions;
NOW, THEREFORE, in consideration of these premises, and the following promises,
representations, and acknowledgments, it is mutually agreed as follows:
1. The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its
existing 0.C.S.D. police communications functions, provide POLICE and FIRE DISPATCH
SERVICE(S) to CITY POLICE and FIRE PERSONNEL for the CITY.
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 non-
emergency telephone call or notice, of any kind, received by the 0.C.S.D., which either
requests, requires or, in the sole judgment of the 0.C.S.D. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any CITY
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
CITY FIRE PERSONNEL.
b. "CITY 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 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 0.C.S.D. POLICE DISPATCH
SERVICE(S).
c. "FIRE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non-
emergency telephone call or notice, of any kind, received by the 0.C.S.D., which either
requests, requires or, in the sole judgment of the 0.C.S.D. or designated COUNTY
AGENT(S), appears to request or require the presence, attention, or services of any CITY
FIRE PERSONNEL to address, respond, or attend to any issue, event, or circumstance
involving public health or safety, an accident or accidental injury, the protection of property,
any emergency (including, but not limited to medical, fire, and/or health), which results in any
0.C.S.D. or designated COUNTY AGENT(S) radio communication, or any attempted radio
communication to any CITY FIRE PERSONNEL.
d. "CITY FIRE PERSONNEL" shall be defined to include: any and all uniformed, non-uniformed,
civilian, command, volunteer, administrative and/or supervisory personnel employed and/or
contracted with by the CITY either to provide, supply, support, administer, or direct any CITY
fire or emergency related 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 0.C.S.D. FIRE DISPATCH SERVICE(S).
e. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed
officials, commissioners, officers, boards, committees, commissions, departments, divisions,
volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES),
agents, representatives, contractors, predecessors, successors, assigns, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and any and all persons acting by, through, under, or in concert with any of them.
COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a
COUNTY AGENT(S) at any time during the term of this Agreement but, for any reason, is no
longer employed, appointed, or elected in his/her previous capacity.
f. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and
costs and expenses, including, but not limited to, any reimbursement for reasonable attorney
fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, or any other amount for which 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 CITY agrees that under the terms of this Agreement, except for the POLICE and FIRE
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, to provide or assist the CITY or any CITY
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 2
POLICE and FIRE PERSONNEL with any other direct, indirect, backup, or supplemental support or
police or fire or emergency-related service or protection, of any kind or nature whatsoever, or
required to send any COUNTY AGENT(S) to respond, in any way, to any call for CITY POLICE and
FIRE PERSONNEL 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
and FIRE PERSONNEL to receive and respond to any 0.C.S.D. or designated COUNTY AGENT(S)
POLICE and FIRE DISPATCH SERVICE(S) in a timely and professional manner.
5. The CITY 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 and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNEL may be
unsuccessful and, as a result, CITY POLICE and FIRE PERSONNEL'S timely response to a call for
CITY POLICE and FIRE PERSONNEL assistance may not be forthcoming. In all such
circumstances, the CITY 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 CITY POLICE and FIRE PERSONNEL'S alleged failure to respond in a timely manner to
any call for CITY POLICE and FIRE PERSONNEL assistance.
6. The CITY 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 and FIRE DISPATCH SERVICE(S) to the CITY except that the COUNTY will make a
reasonable effort to provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE
PERSONNEL consistent with existing 0.C.S.D. 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 and liabilities associated with the purchase, lease, operation,
and/or use of any CITY POLICE and/or FIRE PERSONNEL radio or other communication equipment,
and that the 0.C.S.D. shall not be obligated to provide any CITY POLICE and/or FIRE PERSONNEL
with any radio or other communication equipment of any kind. Similarly, the COUNTY agrees that
the CITY 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 CITY 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 CITY agrees that it shall be solely and exclusively responsible, during the term of this
Agreement, for guaranteeing that: (a) all CITY POLICE and FIRE PERSONNEL radios and/or other
communication equipment will be properly set and adjusted to receive any POLICE and/or FIRE
DISPATCH SERVICE(S) from the 0.C.S.D. and/or COUNTY AGENT(S) and otherwise maintained in
full and proper working order; (b) all CITY POLICE and FIRE 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
CITY and all CITY POLICE and FIRE PERSONNEL shall, at all times, promptly and properly notify
the designated COUNTY AGENT(S) of any on-duty or off-duty status and/or availability or
unavailability of CITY POLICE and FIRE PERSONNEL to receive POLICE and/or FIRE DISPATCH
SERVICE(S) from the 0.C.S.D.; and (d) all CITY POLICE and FIRE 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.
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 3
10. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective on July 10, 2000, 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 June 30, 2005.
Either the COUNTY, the SHERIFF, or the CITY may cancel this Agreement, for any reason,
including the convenience of any party, and without any penalty, before its June 30, 2005, expiration
by delivering a written notice of the cancellation of this Agreement to the other signatories to this
Agreement, or their successors in office. Such written notice shall provide at least a ninety (90)
calendar day notice of the effective date of cancellation, and such cancellation of this Agreement
shall be effective at 11:59 P.M. on the last calendar day of the calendar month following the
expiration of the 90 calendar day notice period.
11. 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 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.
12. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY agrees to
pay to the COUNTY, SEVENTY THOUSAND DOLLARS ($ 70,000) per annum for the first year,
payable in monthly installments of FIVE THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS
AND THIRTY-THREE CENTS ($ 5,833.33), as follows:
a. Each monthly payment shall be due and payable no later than the 15th calendar day of each
calendar month starting on August 15, 2000, and continuing on the 15th day of each
calendar month thereafter, for any and all POLICE and/or FIRE DISPATCH SERVICE(S)
rendered in the preceding calendar month.
b. All Monthly payments shall be due and payable by the CITY without any further notice or
demand from the COUNTY.
c. Each monthly payment shall be made by a check drawn on a CITY 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 CITY intended the payment to
apply. The CITY agrees that the COUNTY, in its discretion, may apply any monthly payment
received from the CITY to any past due amount or monthly payment then due and owing to
the COUNTY pursuant to this Agreement.
e. For each successive year that this Agreement is in effect, the yearly payment amount shall
increase at a rate of FIVE PERCENT (5%) per annum over the previous years amount, said
increase effective on each successive yearly anniversary date of the effective date of this
Agreement.
13. The CITY agrees that any and all of its payment obligations 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 CITY 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 CITY 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
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 4
to the CITY from Delinquent Tax Revolving Fund (DTRF) any amount then due and owing the
COUNTY pursuant to this Agreement.
14. 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. 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;
'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 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 the commencement 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.
15. The CITY agrees that the COUNTY and/or any COUNTY AGENT(S) 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
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 5
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 CITY agrees to cooperate and perform any
act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT(S).
16. Except as otherwise provided in this Paragraph, the CITY 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 act(s) or omission(s) by the
CITY and/or any CITY POLICE and/or FIRE PERSONNEL, including, but not limited to:
a. Any and all alleged breach of any legal duty to any person by the CITY or any CITY POLICE
and/or FIRE PERSONNEL;
b. Any and all alleged CITY or CITY POLICE and/or FIRE PERSONNEL'S negligent or
erroneous response to, or failure to respond to, any communication or POLICE and/or FIRE
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 CITY;
d.
Any and all alleged failures by the CITY or any CITY POLICE and/or FIRE 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 CITY or CITY
POLICE and/or FIRE PERSONNEL 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 final judgment or
award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) 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 and FIRE PERSONNEL.
17. 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 CITY 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 CITY 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 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 COUNTY and/or any COUNTY AGENT(S).
18 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. The parties agree that the expiration, cancellation, or termination of this
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
e.
f.
9.
Any and all alleged failures by the CITY or any CITY POLICE and/or FIRE PERSONNEL to
receive any transmitted POLICE and/or FIRE DISPATCH SERVICE(S);
Any and all alleged injuries or losses to the CITY and/or any CITY POLICE and/or FIRE
PERSONNEL arising out of any POLICE and/or FIRE DISPATCH SERVICE(S) provided
under this Agreement;
Page 6
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.
19 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.
20 The CITY 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 CITY 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 CITY shall be that of an
Independent Contractor. The parties also agree that no CITY POLICE and FIRE PERSONNEL 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 COUNTY and/or any
COUNTY AGENT(S).
21 The CITY and the COUNTY agree that, at all times and for all purposes relevant to this Agreement,
the CITY and the 0.C.S.D. shall each remain the sole and exclusive employer of each of their
respective employees. The CITY 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 CITY POLICE and/or FIRE PERSONNEL or any
• other CITY employee.
22 This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede,
or otherwise affect or control, in any manner, any term(s) or condition(s) of employment of any
COUNTY AGENT(S), any applicable 0.C.S.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).
23 The CITY agrees that neither the CITY nor any CITY POLICE and FIRE PERSONNEL shall provide,
furnish or assign any COUNTY AGENT(S) with any job instructions, job descriptions, job
specifications, or job duties, or, in any manner, attempt to control, supervise, train, or direct any
COUNTY AGENT(S) in the performance of any COUNTY or COUNTY AGENT(S) duty or obligation
under the terms of this Agreement.
24 The CITY 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 CITY becomes aware of which involves, in
any way, the 0.C.S.D. or any COUNTY AGENT(S). The CITY 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).
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
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 7
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, 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 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 The CITY acknowledges that it has reviewed all of its current or proposed contracts, including any
and all labor or union contracts with any CITY POLICE OR FIRE PERSONNEL, and hereby warrants
that the CITY does not have and will not have at any time during the term of this Agreement, any
other contractual agreements that will in any manner restrict, interfere with, or prohibit the CITY and
any CITY POLICE OR FIRE PERSONNEL, or any other person from complying with the CITY'S
obligations and duties as set forth in this Agreement and/or the CITY POLICE OR FIRE DISPATCH
SERVICES as described herein. The CITY further agrees that the CITY'S obligation to indemnify the
' COUNTY and/or any COUNTY AGENT(S), and that the provisions of Paragraphs 14, 15, and 16 of
this Agreement, will apply if the COUNTY and/or COUNTY AGENT(S) are brought into any labor
dispute between the CITY and any of its bargaining units or other labor organizations as a result of
CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. The term labor dispute
shall include, but not be limited to, unfair labor practices, actions for breach of contract, or any other
labor dispute arising as a result of CITY POLICE OR FIRE DISPATCH SERVICES being provided to
the CITY.
31. This Agreement, consisting of nine (9) pages, sets forth the entire contract and understanding between
the COUNTY and the CITY and fully supersedes any and all prior contracts, agreements or over any
actual or apparent conflict with any term or condition in such a lease. It is further understood and agreed
that the terms of this Agreement are contractual and are not a mere recital and that there are no other
contracts, understandings, or representations between the COUNTY and the 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.
32. For and in consideration of the mutual promises, acknowledgments, representations, and agreements
set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the COUNTY and the CITY hereby agree and promise to be bound by
the terms and provisions of this Agreement.
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 8
CITY OF WIXOM,
a Michigan Municipal Corporati
BY:
Aa440-4 PoLAAf.1 MICHAEL MCDONALD
Mayor
.1 I Aff a_
COUNTY OF OAKLAND, a Michigzín Municipal
Corporation I
BY:
JOHN P.
Chairpers
Commissi
LLOCH,
Oakland County Board of
rs
WITNESS:
IN WITNESS WHEREOF, MICHAEL MCDONALD, Mayor, for the CITY OF WIXOM, hereby
acknowledges that he has been authorized by a resolution of the WIXOM City Council (a certified copy of which
is attached) to execute this Agreement on behalf of THE CITY OF WIXOM and hereby accepts and binds the
CITY OF WIXOM to the terms and conditions of this Agreement on this 016A_ day of ,77,<y , 2000.
WITNESSES:
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 amendment to the Current Agreement
on behalf of the COUNTY OF OAKLAND and heisby accepts awl binds the COUNTY OF OAKLAND to the terms
and conditions of this Agreement on this 70" day of , 2000.
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the OAKLAND COUNTY
SHERIFF, a Michigan _gr_stitutional 9pffice, hereby concurs and accepts the terms and conditions of this
Agreement on this la( 'day of 0-N47(4e,,sr , 2000.
OAKLAND CO NTY SHERIFF, a Michigan
Constit ,fi et' 464,"
BY:
Michael J. Bofxtard,
Oakland County Sheriff
RITEMPFILEJOHN \2000-264 \DRAFT_ZA.WPD
POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE CITY OF WIXOM
Page 9
COUNTY OF OAKLAND
OFFICE OF THE SHERIFF
MICHAEL J. BOUCHARD
August 15, 2000
Jackie A. Pena-Klanecky
Office of the Great Seal
Michigan Historical Center
First Floor
717 West Allegan
Lansing, MI 48918-1750
Dear Ms. Pena-Klanecky:
Pursuant to the Urban Cooperation Act of 1967 (MCL 124.501, et seq.), enclosed is your file
copy of an Interlocal Agreement with our department. The 2000-2005 Dispatch Agreement for
the following municipality is attached:
City of Wixom
If you have any questions, Ii‘n be reached at (248) 858-5512.
Sinc
Dale Cunningham
Business Manager
1201 N. Telegraph Road * Pontiac, Michigan 48341-1044 * (248) 858-5008
Resolution #00192 July 20, 2000
The Chairperson referred the resolution to the Personnel and Finance
Committees. There were no objections.
FISCAL NOTE (M.R. #00192) August 10, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: SHERIFF DEPARTMENT - CONTRACT FOR POLICE AND FIRE DISPATCH
SERVICES FOR THE CITY OF WIXOM FOR 2000-2005 AND CREATION OF TWO SHERIFF
COMMUNICATION AGENTS
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1) The City of Wixom wishes to contract with the Oakland County
Sheriff for police and fire dispatch services to the city
beginning August 1, 2000.
2) The Sheriff requests the creation of two (2) Sheriff
Communication Agent positions to perform the services of
this contract.
3) Operating costs for FY 2000 equal $11,829, FY 2001 equal
$80,442, and FY 2002 equal $80,442. The contract revenue and
a decrease in dispatch overtime expenditures will cover
these costs.
4) The FY 2000 General Fund/General Purpose Budget should be
amended as shown on below. Amendments for FY 2001 and FY
2002 are shown for informational purposes only and will be
included in the FY2001/FY2002 Biennial Budget.
Information Only
REVENUE FY 2000 FY 2001 FY 2002
Fund Dept. OCA PCA Obj
101 43 13901 40000 449 Dispatch $11,667 $70,583 $74,113
Revenue
EXPENDITURES 3.5 Pays
101 43 23901 41000 2002 Overtime ($162) ($9,859) ($6,329)
101 43 23901 41000 2001Salaries 7,694 $57,152 $57,152
101 43 23901 41000 2075 Fringe Benefits 3,001 22,290 22,290
101 43 23201 10000 4252 Office Supplies 67 500 500
101 43 23201 10000 3780 Uniform Clng. 67 500 500
101 43 23201 10000 3784Uniforms 1,000 0 0
$11,667 $70,583 $74,113
$0 $0 $0
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Millard absent.
az-rj,000
L Brooks Pa fsa(1, County Executive
Resolution #00192 August 10, 2000
Moved by Millard supported by Dingeldey the Personnel Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Millard supported by Dingeldey the resolution be adopted.
AYES: McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti,
Coleman, Dingeldey, Douglas, Galloway, Gregory, Jensen, Law, McCulloch. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
p•••••••I
I HEREBOOPROYE-TVE FOREGOING RESOLUTION
Date
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 August 10, 2000 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 10h dam,bf August, 2000.
William Caddell, County Clerk