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HomeMy WebLinkAboutResolutions - 2002.03.13 - 26790Public Services Committee Vote: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #02026 February 21, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT-APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH GENERAL DYNAMICS LAND SYSTEMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS General Dynamics Land Systems manufactures an armored vehicle called a Dragoon Police Emergency Rescue Vehicle-Model Patroller, and has offered to allow the Oakland County Sheriffs Department to use or demonstrate the Dragoon vehicle when it is available; and WHEREAS the Sheriffs Department foresees the possibility of emergency or other law enforcement situations when the use of a Dragoon may help prevent injuries or loss to properties of persons; and WHEREAS the Sheriffs Department would require the use of the vehicle for scheduled training purposes if the vehicle were to be used during emergency situations; and WHEREAS Miscellaneous Resolution #92052 and #95242 approved by the Board of Commissioners approved a previous contract; and WHEREAS this contract has been approved by Corporation Counsel; and WHEREAS this contract has been approved consistent with the County Executive's Contract Approval Procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the attached contract with General Dynamics Land Systems for the use of a Dragoon Police Emergency Rescue Vehicle by the Oakland County Sheriffs Department and authorizes the County Executive and Chairperson of the Board of Commissioners to execute the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE DRAGOON PATROLLER ARMORED VEHICLE LOAN AGREEMENT BETWEEN GENERAL DYNAMICS LAND SYSTEMS And OAKLAND COUNTY And THE OAKLAND COUNTY SHERIFF This Agreement, made this day of January, 2002, by and between the County of Oakland, a Michigan Constitutional Corporation, whose address is 1201 North Telegraph Road, Pontiac, Michigan, 48341 (hereinafter, "OAKLAND COUNTY") and General Dynamics Land Systems whose address is 38500 Mound Road, Sterling Heights, Michigan, 48310 (hereinafter, "GDLS"). INTRODUCTORY STATEMENTS 1. GDLS manufacturers and distributes a DRAGOON Police Emergency Rescue Vehicle-Model Patroller, as described in Attachment "A" (hereinafter "DRAGOON"); and 2. GDLS has available at its manufacturing plant a DRAGOON for use as a demonstration vehicle; and 3. GDLS has offered to allow the use of a demonstration DRAGOON, to OAKLAND COUNTY for use by its Sheriff's Department in dealing with various emergency and/or other law enforcement situations whenever the vehicle is not otherwise being used by GDLS; and 4. GDLS's loan of the DRAGOON to OAKLAND COUNTY, pursuant to this Agreement, is not intended to result in financial gain or profit to GDLS; and 5. OAKLAND COUNTY Sheriffs Department personnel foresee possible emergency and/or other law enforcement situations where the use of the DRAGOON may help prevent injuries to property and/or persons, including the possible loss of life; NOW THEREFORE, in consideration of these premises and the mutual covenants, and the terms and conditions contained herein, it is mutually agreed as follows: 1. GDLS agrees, subject to the terms of this Agreement, to loan a DRAGOON to OAKLAND COUNTY for use in Sheriff Department emergency and/or other law enforcement situations. 2. GDLS shall have the sole and exclusive right to approve or deny any requested loan of the DRAGOON based upon the DRAGOON's availability, condition, prior commitments, and/or the failure of OAKLAND COUNTY to provide satisfactory insurance coverage(s) and/or proof of such insurance(s) to GDLS. GDLS shall not be obligated to make a DRAGOON available for use by OAKLAND COUNTY on any particular occasion. 3. GDLS hereby acknowledges the adequacy of the consideration it derives from the Agreement. 4. OAKLAND COUNTY, at its expense, shall provide commercially available auto liability insurance, including bodily injury, property damage, and Michigan no-fault auto coverage. Such insurance coverage(s) shall name GDLS as an additional named insured party. OAKLAND COUNTY shall also provide proof of such insurance(s) to GDLS prior to any PERIOD OF USE, as hereinafter defined. GDLS and OAKLAND COUNTY acknowledge and agree that: (1) the availability of the above insurance coverage(s) for OAKLAND COUNTY'S use of the DRAGOON, and (2) GDLS's insurance needs and requirements are subject to change during the anticipated term of this Agreement. Accordingly, this Agreement provides that the determination of the adequacy of any and all of the above insurance coverage(s), will be made solely by GDLS prior to loaning the DRAGOON to OAKLAND COUNTY on any particular occasion. GDLS agrees to give prompt notice of any claim(s) or suit(s) to any applicable 2 insurer or OAKLAND COUNTY and agrees it will not prejudice any rights or benefits that OAKLAND COUNTY or any insurer may have under such insurance policies. 5. In the event GDLS loans the DRAGOON to OAKLAND COUNTY, OAKLAND COUNTY shall take possession of the DRAGOON at GDLS and shall be responsible for returning possession of the DRAGOON to GDLS after OAKLAND COUNTY'S use has ended. For the purpose of this agreement, the PERIOD OF USE is defined as twelve (12) calendar months from the date of execution of this agreement. The PERIOD OF USE may be renewed annually by written request of OAKLAND COUNTY and approval by GDLS, on the same terms and conditions contained herein. GDLS has the right to temporarily recall the DRAGOON during any PERIOD OF USE after reasonable notice to OAKLAND COUNTY whereupon OAKLAND COUNTY shall immediately return the DRAGOON to GDLS. Any and all transportation or shipping costs incurred in moving the DRAGOON to or from GDLS for any PERIOD OF USE shall be arranged by and paid for by OAKLAND COUNTY except as otherwise agreed to, in writing, by GDLS. 6. For the PERIOD OF USE, OAKLAND COUNTY shall pay to GDLS the amount of FIVE HUNDRED Dollars and 00/100 ($500.00). This sum shall constitute full payment for any and all routine and/or preventative maintenance (e.g., oil and filter changes, lubrication, vehicle cleaning, vehicle inspection costs, etc.). GDLS shall be responsible for all DRAGOON scheduled and unscheduled maintenance. 7. OAKLAND COUNTY, during the PERIOD OF USE, shall cause the DRAGOON to be operated with reasonable care and only by licensed drivers in its employ who are trained and approved by GDLS as DRAGOON operators. GDLS shall be responsible to provide adequate training to OAKLAND COUNTY employees in the proper use and operation of the DRAGOON 8. OAKLAND COUNTY shall be liable to GDLS for any damage or loss to the DRAGOON, its equipment, or accessories which was caused by OAKLAND COUNTY or 3 its employees, or any third persons, during the PERIOD OF USE. OAKLAND COUNTY, however, shall not be liable for ordinary wear and tear, and/or natural depreciation. For the purpose of this Agreement only, OAKLAND COUNTY'S absolute maximum and total liability to GDLS for any and all damage or loss to the DRAGOON, its equipment, or accessories, up to and including the total loss of the DRAGOON, shall be TWO HUNDRED FIFTY THOUSAND Dollars ($250,000.00). It is further agreed that any and all damage(s) or costs to be assessed against OAKLAND COUNTY, as provided for in this paragraph, shall include only the actual cost of repair(s) and/or replacement cost of any part(s), including labor, and that any and all such costs shall be calculated based on GDLS'S actual, pre-profit, manufacturer's repair or replacement cost(s) for any damaged part(s), equipment or labor. All such costs shall be further reduced by any salvage value. 9. OAKLAND COUNTY shall not modify the DRAGOON to accommodate equipment and/or personnel without the prior, written authorization of GDLS. OAKLAND COUNTY shall not cause or permit any repairs or adjustments to the DRAGOON except for minor operational repairs such as light bulbs and/or required emergency work. OAKLAND COUNTY will be allowed to attach Sheriff Department logos and decals to the DRAGOON as the Oakland County Sheriff deems necessary. 10. OAKLAND COUNTY shall not permit the DRAGOON to be used in violation of any applicable federal, state, or municipal statutes, ordinances, or regulations, or contrary to the provisions of any applicable insurance policies. OAKLAND COUNTY shall be liable for any and all traffic tickets, fines for parking violations and/or any other traffic fines imposed by any governmental authority upon the DRAGOON during the PERIOD OF USE. 4 11. OAKLAND COUNTY shall, during the PERIOD OF USE, provide necessary and GDLS recommended fuels, lubricants, and employ all necessary operational precautions and safeguards as required by the DRAGOON Vehicle Operator's Manual. 12. The OAKLAND COUNTY Sheriff, or such person(s) as he shall designate in writing to GDLS, shall be the sole person(s) authorized to initiate a request to GDLS for use of the DRAGOON under the terms of this Agreement. 13. OAKLAND COUNTY may not assign, transfer, re-loan, or authorize the use of the DRAGOON by any party not employed by the OAKLAND COUNTY Sheriffs Department without the prior written consent of GDLS. Except for civilians and other non-sheriff Department persons under the supervision of Sheriffs Department personnel, riding in the DRAGOON for familiarization or ceremonial but non- tactical purposes only, OAKLAND COUNTY shall not permit any person other than OAKLAND COUNTY Sheriffs Department employees engaged in their assigned duties, or other authorized law enforcement personnel acting in concert with OAKLAND COUNTY Sheriffs Department employees, to be carried on or ride in the DRAGOON during the PERIOD OF USE. 14. In the event that an employee(s) of OAKLAND COUNTY should become injured as a result of the use and/or operation of the DRAGOON during the PERIOD OF USE, OAKLAND COUNTY shall waive any claim(s) for the employee's lost wages and/or medical expenses that it may otherwise have against GDLS under the provisions of the Workers' Disability Compensation Act (MCL 418.101, et seq.). 15. OAKLAND COUNTY agrees, to the extent allowed by law, to indemnify, defend and hold harmless GDLS from and against all loss, liability, damage, suits, claims, costs or expenses (including reasonable attorney's fees) which GDLS or its employees, directors or shareholders may hereafter become legally obligated to pay by reason of injury to any person (other than any officer, director, shareholder, employee, or agent of 5 GDLS) or property caused by or resulting from OAKLAND COUNTY'S possession, use or operation of the DRAGOON under the terms of this Agreement. OAKLAND COUNTY, however, shall not be obligated to indemnify, defend, or hold GDLS harmless from any claims or injuries to any person or property or any other losses or damages which are caused by or result from GDLS'S own intentional acts, omissions, negligence or gross negligence, including, but not limited to, GDLS'S development, design, manufacture, maintenance, distribution, failure to inspect, or any other claims or losses based upon liability of GDLS for GDLS'S product(s). Under the terms of this paragraph, OAKLAND COUNTY shall be subrogated to the extent of any payment it is required to make hereunder to all of GDLS'S rights of recovery thereof, and GDLS shall do everything necessary to secure such rights. If any claim is made or a suit is brought against GDLS as a result of OAKLAND COUNTY'S use of the DRAGOON, GDLSshall promptly forward to OAKLAND COUNTY every demand, notice, summons or other process received by it or its representative. Under the terms of this paragraph, GDLS shall cooperate with OAKLAND COUNTY and, upon OAKLAND COUNTY'S request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to GDLS with respect to damage, protection or loss afforded under this Agreement. 16. This Agreement shall continue in full force and effect for such period of time as GDLS may have a DRAGOON available for the purposes described herein. This Agreement may be terminated for any reason by either party upon 30 days written notice delivered to the other party. 17. This Agreement is made and entered into in the State of Michigan and shall, in all respects, be interpreted, enforced, and governed by the laws of the State of Michigan. 18. Any and all claims, disputes or other matters in question arising out of, or relating to, this Loan Agreement or the breach thereof (the "DISPUTE") shall be decided by 6 arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (the "AAA RULES"). Notice of the demand for arbitration shall be filed in writing with the American Arbitration Association and served on the other party in accordance with the AAA RULES within one (1) year after the PERIOD OF USE giving rise to the DISPUTE. All arbitration proceedings shall be heard and decided by one (1) arbitrator, who shall be an attorney, appointed in accordance with the AAA RULES. The hearing shall be closed to all persons except the arbitrator, the parties, the parties representatives (whether testifying of not), their attorneys, and witnesses (only while testifying). The arbitrator's compensation, together with the time and manner of payment, shall be determined by the arbitrator and may be assessed against the Parties in such proportions as the arbitrator may deem fair and equitable. Any award made by the arbitrator may be enforced by entry of a judgment in any court having proper jurisdiction and in accordance with applicable law. Arbitration under this paragraph shall be conducted in OAKLAND COUNTY, Michigan. 19. This Agreement, consisting of eight (8) pages, plus Attachment "A", sets forth the entire Agreement between OAKLAND COUNTY and GDLS and completely supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter hereof. It is further understood, agreed and acknowledged that the terms of this Agreement are contractual and not a mere recital and that there are no other agreements, understandings, or representations between the parties except as expressly stated herein. Furthermore, it is specifically agreed, acknowledged, and understood by both parties that there is no agreement, covenant, or promise by either party to hold harmless, indemnify, or otherwise waive or assume any legal liability or legal expense of the other party except as expressly stated in this Agreement. This Agreement shall not be changed, modified, or supplemented orally. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. General Dynamics Land Systems County of Oakland By: By: (Name and Title) Thomas A. Law, Chairperson General Dynamics Land Systems Oakland County Board of Commissioners Date: Date: Concurrence: By: Michael J. Bouchard Oakland County Sheriff Date: Concurrence: By: L. Brooks Patterson Oakland County Executive Date: NATEMPFILE\1number\2001\2001-0300 thru 2001-0399\2001-0393 Dragoon Patroller AV Loan Agrmt-General Dynamics\2nd Copy of Dragoon Oakland Agreement 2001.doc 8 Schedule A Dragoon Description The "Dragoon" vehicle is manufactured by General Dynamics Lands System. This • vehicle model has been used by the Oakland County Sheriff's Department since 1991 and is utilized specifically by the Special Response Team to respond to major incidents and emergencies. Vehicle information: Weight- 30,000 lbs. Top speed- 68 mph Amphibious with a speed in the water of 3 knots Passenger capacity- 10 Air conditioned and heated Armor reinforced 300 horsepower Detroit Diesel engine Fuel capacity- 90 gallons Length- 19 ft. Height-8 ft Equipment- push bumper with expansions to 4 ft on each side, Radio system, emergency lights, siren, and P.A. System. FISCAL NOTE (M.R. #02026) March 14, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT-APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH GENERAL DYNAMICS LAND SYSTEMS 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. General Dynamics Land Systems (GDLS) has offered the use of an armored vehicle called a Dragoon Police Emergency Rescue Vehicle- Model Patroller to the Oakland County Sheriff's Department when available. 2. The Sheriff's Department foresees that in the case of an emergency, the Dragoon may help to prevent injuries and the loss of property. 3. Miscellaneous Resolution #92052 and #95242 approved previous contracts with General Dynamics for this same purpose. 4. For the period of use, the County shall pay to GDLS $500 for routine and preventive maintenance (Sec. 6). 5. The agreement covers such period of time as GDLS may have a Dragoon available for such purposes. There is a 30-day termination clause, which can be exercised by either party. 6. Insurance for this vehicle is included in the auto insurance policy. 7. Sufficient funds exist in the FY 2002 and FY 2003 Sheriff's budget to cover preventive maintenance and insurance, therefore, no budget amendments are required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Palmer absent. Resolution #02026 February 21, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. attofson. County E'AeCa(1)16 3401 1,'"-=4 RESOLUT" Date !trpi:BY A. William Caddell, County Clerk Resolution #02026 March 14, 2002 Moved by Palmer supported by Crawford the resolutions on the Consent Agenda be adopted with accompanying reports being accepted. AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted with accompanying reports being accepted. 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 March 14, 2002 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 14th day of March, 2002.