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HomeMy WebLinkAboutResolutions - 2002.03.27 - 26874MISCELLANEOUS RESOLUTION #02056 March 14, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT -POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON FOR 2002-2007 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 City of the Village of Clarkston the Sheriff's Department has been dispatching police calls for City of the Village of Clarkston Police Department; and WHEREAS Miscellaneous Resolution #99074 authorized a police dispatch contract for the years 1999/2000/2001 between the County and City of the Village of Clarkston; and WHEREAS the City of the Village of Clarkston has requested that the Sheriff's Department continue to dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; 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 $4,200 per year for five years, between the County of Oakland and City of the Village of Clarkston. 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 City of the Village of Clarkston. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUB IC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Buckley, Moffitt and Galloway absent. 2002 -2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON 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 (the "COUNTY"), and The City of the Village of Clarkston, whose address is 375 Depot Road, Clarkston, MI 48346 (the "CITY"). In this Agreement, the COUNTY shall be represented by the OAKLAND COUNTY SHERIFF, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (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" ("O.C.S.D.") WITNES SETH WHEREAS, the CITY is authorized by law to provide police protection service for residents of the CITY; and WHEREAS, in order to provide effective police protection services for its residents, the CITY must also provide for CITY Police Department communication and dispatch functions; and WHEREAS, the 0.C.S.D. provides police communication and dispatch functions and has the capability to provide police dispatch for the CITY but, absent this Agreement, is not obligated to provide "POLICE DISPATCH SERVICE", 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 DISPATCH SERVICE for the CITY; and WHEREAS, the CITY has concluded that it is more cost effective to contract for POLICE DISPATCH SERVICE with the 0.C.S.D. than to equip and staff its own police communication and dispatch center; and WHEREAS, the 0.C.S.D. agrees to provide POLICE DISPATCH SERVICE for the "CITY POLICE PERSONNEL", as defined in this Agreement, under the following terms and conditions; NOW, THEREFORE, 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 DISPATCH SERVICE to CITY POLICE PERSONNEL. 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: 2.1. "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 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 1 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 POLICE PERSONNEL. 2.2. "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). 2.3. "COUNTY AGENT" shall be defined to include the SHERIFF and all COUNTY elected and appointed officials, commissioners, officers, boards, committees, commissions, departments, divisions, employees (including any SHERIFF'S DEPUTY), agents, predecessors, successors, or assigns, (whether such persons act or acted in their personal, representative, or official capacities), and all persons acting by, through, under, or in concert with any of them. COUNTY AGENT as defined in this Agreement shall also include any person who was a COUNTY AGENT 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. 2.4. "CLAIM" shall be defined to include any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which the COUNTY or COUNTY AGENT becomes legally and/or contractually obligated to pay, 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. Except for the POLICE DISPATCH SERVICE expressly contracted for herein, the 0.C.S.D. and/or any COUNTY AGENT shall not be obligated to provide or assist the CITY or any CITY POLICE PERSONNEL with any other direct, indirect, backup, or supplemental support or police or emergency-related service or protection, of any kind or nature, or be obligated to send any COUNTY AGENT to respond, in any way, to any call for CITY POLICE PERSONNEL services. 4. Under all circumstances, the CITY shall remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty CITY POLICE PERSONNEL to receive and respond to POLICE DISPATCH SERVICE in a timely and professional manner. 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON • Page 2 5. The CITY acknowledges that there may be circumstances when, despite all reasonable efforts, an 0.C.S.D. or COUNTY AGENT attempt to communicate or provide POLICE DISPATCH SERVICE for CITY POLICE PERSONNEL may be unsuccessful and, as a result, CITY POLICE PERSONNEL'S timely response to a call for CITY POLICE PERSONNEL assistance may not be forthcoming. To the extent provided by law, the CITY shall indemnify and hold harmless the COUNTY and/or any COUNTY AGENT and shall be solely liable and exclusively responsible for any and all CLAIMS against the COUNTY and/or any COUNTY AGENT as a result of any CITY POLICE PERSONNEL'S alleged failure to respond in a timely manner to any call for CITY POLICE PERSONNEL assistance. 6. This Agreement does not, and is not intended to, include any 0.C.S.D. warranty, promise, or guaranty, of any kind or nature, concerning the performance of POLICE DISPATCH SERVICE to the CITY except that 0.C.S.D. will make a reasonable effort to provide POLICE DISPATCH SERVICE for CITY POLICE PERSONNEL consistent with existing 0.C.S.D. dispatching procedures, policies, and/or standards. 7. 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 0.C.S.D. dispatch related procedures, policies, and/or standards; 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 sole judgment and discretion, believes to be in its best interest. 8. The CITY shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all CITY POLICE PERSONNEL radios and other communication equipment will be properly set, adjusted, and maintained to receive any POLICE DISPATCH SERVICE from the 0.C.S.D. and/or COUNTY AGENT and will comply with all current and future applicable 0.C.S.D. dispatching procedures, policies, standards, technical specifications, and/or any applicable state or federal communication requirements, including, but not limited, to all Federal Communications Commission orders, regulations, and policies; (b) all CITY POLICE PERSONNEL will be adequately trained and will comply with all current and future applicable 0.C.S.D. dispatching procedures, policies, standards, technical specifications and/or any applicable state or federal communication requirements, including, but not limited, to all Federal Communications Commission orders, regulations, and policies; and (c) the CITY and all CITY POLICE PERSONNEL shall, at all times, promptly and properly notify the designated COUNTY AGENT of any on-duty or off-duty status and/or availability or unavailability of CITY POLICE PERSONNEL to receive POLICE DISPATCH SERVICE from the 0.C.S.D 9. 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 PERSONNEL radio or other communication equipment. The 0.C.S.D. shall not be obligated to provide CITY POLICE PERSONNEL with any radio or other communication equipment of any kind. 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, other communications equipment, or property. 10. The 0.C.S.D. may, at its sole discretion and expense, inspect any CITY Police Personnel radio or other communication equipment to ensure that it conforms with applicable 0.C.S.D. dispatching procedures, policies, standards, technical specifications, and/or state and federal law. If the inspection reveals a lack of conformance, the 0.C.S.D. shall notify the CITY in 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 3 writing of the specific violations. The CITY shall address and correct such violations at its own expense within thirty (30) calendar days of receiving the written notice or present a written plan to 0.C.S.D. within 15 calendar days setting forth a procedure for correcting the violations. If the CITY fails to address and/or correct such violations within the time period set forth in this paragraph, the 0.C.S.D. may cancel and/or terminate the Agreement. 11. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY shall pay the COUNTY $350.00 every calendar month that this Agreement is in effect as follows: Each monthly payment shall be due and payable no later than the 15th calendar day of each calendar month starting on the 15 th calendar day after this Agreement is extended, and continuing each calendar month thereafter. 11.2. All Monthly payments shall be due and payable by the CITY without any further notice or demand from the COUNTY. 11.3. 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: Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-0479, or in any manner directed by the County. 11.4. Each 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 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. 12. All payment obligations in this Agreement shall be absolute and unconditional and shall not •be subject to any set-off, defense, counterclaim, or recoupment for any reason by the CITY. To the maximum extent provided by law, if there is any amount past due under this Agreement, the County has the right to set-off that amount from any amount due to the CITY from the County, including, but not limited to, distributions from the Delinquent Tax Revolving Fund (DTRF). 13. The CITY shall purchase and maintain the following insurance coverage, in the minimum coverage amounts indicated, for the entire duration of this Agreement and 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. 13.1. 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: 13.1.1. Products and completed operations; 13.1.2. Broad Form Property damage; 13.1.3. Premises/Operations; 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON 11.1. Page 4 13.1.4. (Blanket) Broad Form Contractual; 13.1.5. Personal Injury - delete contractual exclusion "A"; and 13.1.6. Additional Insured - The COUNTY OF OAKLAND, the SHERIFF, and any and all COUNTY AGENT as defined in this Agreement. 13.2. 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; 13.3. All Certificates of Insurance, self-insurance, or duplicate policies of any outside vendor or contractor shall contain the following clauses: 13.3.1. "Any coverage afforded the COUNTY shall apply as primary and not excess to any insurance issued in the name of the COUNTY OF OAKLAND, et al."; 13.3.2. "The insurance company 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."; 13.3.3. "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 13.3.4. "There will be no additional exclusions running to the Additional Insured based upon any actions or activities of the Named Insured." 13.4. 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, 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. 14. The COUNTY and/or any COUNTY AGENT shall be legally subrogated to any rights to recover or any benefits the CITY may have in any insurance policy and to the full extent of any payment made under any insurance policy as may be required to make the COUNTY and/or any COUNTY AGENT whole for any CLAIM. The CITY shall cooperate and perform any act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT. 15. Except as otherwise provided in this Paragraph, and to the extent provided by law, the CITY agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT from and against any and all CLAIMS which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT by any person which are based upon, result from, arise from, or are in any way related to any alleged error, injury, mistake, negligent, or intentional act or omission by the CITY and/or any CITY POLICE PERSONNEL, including, but not limited to: 15.1. Any and all alleged breach of any legal duty to any person by the CITY or any CITY POLICE PERSONNEL; 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 5 15.2. Any and all alleged CITY or CITY POLICE PERSONNEL'S negligent or erroneous response to, or failure to respond to, any communication or POLICE DISPATCH SERVICE from the COUNTY and/or any COUNTY AGENT; 15.3. Any and all alleged failures by the COUNTY and/or any COUNTY AGENT to receive in a timely manner any telephone call for police or emergency related services due to any alleged negligence by the CITY; 15.4. Any and all alleged failures by the CITY or any CITY POLICE PERSONNEL to receive any transmitted POLICE DISPATCH SERVICE; 15.5. Any and all alleged injuries or losses to the CITY and/or any CITY POLICE PERSONNEL arising out of any POLICE DISPATCH SERVICE provided under this Agreement; 15.6. Any and all alleged failures by the CITY or any CITY POLICE PERSONNEL to comply with any duty or obligation in this Agreement; and/or 15.7. Any and all other alleged or actual CLAIM based, in any way, upon any CITY or CITY POLICE 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 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 PERSONNEL. 16. 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 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 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 against the COUNTY and/or any COUNTY AGENT. 17. 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 CLAIMS, 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 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. 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 6 18. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 19. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall be considered employees of the CITY. The COUNTY and/or any COUNTY AGENTS legal status and relationship to the CITY shall be that of an Independent Contractor. No CITY POLICE PERSONNEL shall, by virtue of this Agreement or otherwise, be considered an employee, agent, or working under the supervision and control of the COUNTY and/or any COUNTY AGENT. 20. 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, 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 and benefits, employment taxes, or any other statutory or contractual right or benefit based, in any way, upon employment. 21. 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 or condition of employment of any COUNTY AGENT, or any applicable 0.C.S.D. employment and/or union contract, any level or amount of supervision, any standard of performance, any sequence or manner of performance, and/or any 0.C.S.D. rule, regulation, training and education standard, hours of work, shift assignment, order, policies, procedure, directive, ethical guideline, 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. 22. Neither the CITY nor any CITY POLICE PERSONNEL shall provide, furnish or assign any COUNTY AGENT 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 in the performance of any COUNTY duty or obligation under the terms of this Agreement. 23. The CITY shall promptly deliver to the 0.C.S.D. written notice and copies of any CLAIM, accusation or allegation 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. The CITY shall cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF of any act or performance of any duties by any COUNTY AGENT. 24. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this Agreement shall become effective on upon execution by both parties, 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, 2007. This Agreement may be cancelled for any reason, including the convenience of any Party, and without any penalty, before its March 31, 2007, expiration by delivering a written notice of the cancellation to the other signatories to this Agreement, or their successors in office. Such written notice shall provide at least a ninety (90) calendar days notice of the effective date of cancellation, and such cancellation of this 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 7 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. 25. 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 Board. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Board 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 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. 26. 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. 27. 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. 28. 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. 29. The COUNTY and the CITY acknowledge that this Agreement shall be binding upon 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. 30. This Agreement sets forth the entire contract and understanding between the COUNTY and the CITY 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 CITY promise to reimburse the COUNTY or to indemnify or provide the COUNTY with any insurance protection against CLAIM under any prior contract shall remain effective and enforceable for any CLAIM arising or occurring during any prior contract period. 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 Board in accordance with the procedures set forth herein. 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 8 31. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, requirements applicable to its activities performed under this Agreement. 32. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 33. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 34. 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. IN WITNESS WHEREOF, Artemus Pappas, City Manager/Clerk, for the City of the Village of Clarkston, hereby acknowledges that he has been authorized by a resolution of the City of the Village of Clarkston (a certified copy of which is attached) to execute this Agreement on behalf of the City of the Village of Clarkston and hereby accepts and binds the CITY to the terms and conditions of this Agreement on this day of , 2002. WITNESSES: THE CITY OF THE VILLAGE OF CLARKSTON, BY: Artemus Pappas City Manager/Clerk BY: Sharron Catallo Mayor IN WITNESS WHEREOF, THOMAS A. LAW, 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 hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of , 2002. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: THOMAS A. LAW, Chairperson, Oakland County Board of Commissioners 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 9 IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the OAKLAND COUNTY SHERIFF, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement on this day of , 2002. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff 2002-2007 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE VILLAGE OF CLARKSTON Page 10 • II • • Resolution #02056 March 14, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR #02056) March 28, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT-POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON FOR 2002-2007 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. Miscellaneous Resolution #99074 authorizes a contract for the years 1999/2000/2001 between the County and the City of the Village of Clarkston. 2. The City of the Village of Clarkston has requested to enter into a five-year contract with the Oakland County Sheriff for police dispatch services to the township beginning approximately April 1, 2002. 3. The contract is for a flat rate of $4,200 per year for five (5) years. 4. The revenue generated from this contract will offset the Overtime in the Sheriff's Communications unit to cover the increased workload. 5. A budget amendment is recommended for FY 2002 and FY 2003 as follows: Fund Dept OCA PCA Object FY 2002 FY 2003 Revenue 101 43 013901 41000 0449 Dispatch Serv. $2,100 $4,200 Expend. 101 43 023901 41000 2002 Overtime $2,100 $4,200 Total Expenditures $2,100 $4,200 -o- -o- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. Iliam Caddell, County Clerk Resolution #02056 March 28, 2002 Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (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) 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 28, 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 28' day of March, 2002.