HomeMy WebLinkAboutResolutions - 2003.07.31 - 27159MISCELLANEOUS RESOLUTION 103166 July 17, 2003
BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT -FIRE DISPATCH SERVICE AGREEMENT FOR THE NORTH
OAKLAND COUNTY FIRE AUTHORITY FOR 2003-2007
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 Fire Dispatch services; and
WHEREAS the North Oakland County Fire Authority has requested that the
Sheriff's Department dispatch their fire calls; and
WHEREAS Corporation Counsel has reviewed this contract and is in
agreement with the attached fire dispatch agreement; and
WHEREAS the Sheriff Department along with the Department of Management &
Budget is recommending the attached contract for dispatching services between
the County of Oakland and North Oakland County Fire Authority.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board to enter into the
attached Fire Dispatch Service Agreement with the North Oakland County Fire
Authority.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUB IC SERVICES COMMITTEE
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Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
2003 -2007 FIRE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE NORTH OAKLAND COUNTY FIRE AUTHORITY
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 NORTH OAKLAND COUNTY FIRE
AUTHORITY whose address is P.O. Box 129, Holly, MI 48442 ("the FIRE AUTHORITY"). 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.")
WITNESSETH
WHEREAS, the FIRE AUTHORITY is authorized by law to provide fire protection service
for residents of the FIRE AUTHORITY; and
WHEREAS, in order to provide effective fire protection services for its residents, the FIRE
AUTHORITY must also provide for FIRE AUTHORITY Fire Department communication and
dispatch functions; and
WHEREAS, the 0.C.S.D. provides police communication and dispatch functions and has the
capability to provide fire dispatch but, absent this Agreement, is not obligated to provide "FIRE
DISPATCH SERVICE", as defined in this Agreement, for the FIRE AUTHORITY; and
WHEREAS, the COUNTY and the FIRE AUTHORITY may enter into an contract by which
the 0.C.S.D. would provide FIRE DISPATCH SERVICE for the FIRE AUTHORITY; and
WHEREAS, the FIRE AUTHORITY has concluded that it is more cost effective for the
FIRE AUTHORITY to contract for FIRE DISPATCH SERVICE with the 0.C.S.D. than to equip
and staff its own fire communication and dispatch center; and
WHEREAS, the 0.C.S.D. agrees to provide FIRE DISPATCH SERVICE for the "FIRE
AUTHORITY FIRE 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 FIRE DISPATCH SERVICE
to FIRE AUTHORITY FIRE PERSONNEL for the FIRE AUTHORITY.
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. "FIRE DISPATCH SERVICE" 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
requests, requires, or, in the sole judgment of the 0.C.S.D. or a COUNTY AGENT,
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 1
appears to request or require the presence, attention, or services of any FIRE
AUTHORITY FIRE PERSONNEL to address, respond, or attend to any issue, event, or
circumstance involving public health or safety, an accident, an accidental injury, the
protection of property, or any emergency (including, but not limited to medical, fire,
and/or health), which results in any 0.C.S.D. or COUNTY AGENT radio
communication, or any attempted radio communication to any FIRE AUTHORITY FIRE
PERSONNEL.
12. "FIRE AUTHORITY FIRE PERSONNEL" shall be defined to include: all
uniformed, non-uniformed, civilian, command, volunteer, administrative, and/or
supervisory personnel employed and/or contracted by the FIRE AUTHORITY to
provide, supply, support, administer, or direct any FIRE AUTHORITY fire or
emergency related services and/or any persons acting by, through, under, or in
concert with any of them; or any FIRE AUTHORITY official, officer, employee or
agent whose FIRE AUTHORITY job duties may include the receipt of any 0.C.S.D.
FIRE DISPATCH SERVICE.
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 FIRE 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 FIRE
AUTHORITY or any FIRE AUTHORITY FIRE PERSONNEL with any other direct,
indirect, backup, or supplemental support or fire 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 FIRE AUTHORITY FIRE PERSONNEL services.
4. Under all circumstances, the FIRE AUTHORITY shall remain solely and exclusively
responsible for all costs and/or liabilities associated with providing available on-duty FIRE
AUTHORITY FIRE PERSONNEL to receive and respond to FIRE DISPATCH SERVICE in
a timely and professional manner.
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 2
The FIRE AUTHORITY acknowledges that there may be circumstances when, despite all
reasonable efforts, an 0.C.S.D. or COUNTY AGENT attempt to communicate or provide
FIRE DISPATCH SERVICE for FIRE AUTHORITY FIRE PERSONNEL may be
unsuccessful and, as a result, FIRE AUTHORITY FIRE PERSONNEL'S timely response to a
call for FIRE AUTHORITY FIRE PERSONNEL assistance may not be forthcoming. To the
extent provided by law, the FIRE AUTHORITY 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 FIRE AUTHORITY FIRE PERSONNEL'S alleged failure to respond in a
timely manner to any call for FIRE AUTHORITY FIRE PERSONNEL assistance.
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 FIRE DISPATCH SERVICE
to the FIRE AUTHORITY except that 0.C.S.D. will make a reasonable effort to provide
FIRE DISPATCH SERVICE for FIRE AUTHORITY FIRE PERSONNEL consistent with
existing 0.C.S.D. dispatching procedures, policies, and/or standards.
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.
The FIRE AUTHORITY shall be solely and exclusively responsible, during the term of this
Agreement, for guaranteeing that: (a) all FIRE AUTHORITY FIRE PERSONNEL radios and
other communication equipment will be properly set, adjusted, and maintained to receive any
FIRE 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 FIRE AUTHORITY FIRE 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 FIRE AUTHORITY and all FIRE AUTHORITY FIRE
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 FIRE
AUTHORITY FIRE PERSONNEL to receive FIRE DISPATCH SERVICE from the
0.C.S.D.
The FIRE AUTHORITY shall be solely and exclusively responsible for all costs, expenses
and liabilities associated with the purchase, lease, operation, and/or use of any FIRE
AUTHORITY FIRE PERSONNEL radio or other communication equipment. The 0.C.S.D,
shall not be obligated to provide FIRE AUTHORITY FIRE PERSONNEL with any radio or
other communication equipment of any kind. The FIRE AUTHORITY 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.
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 3
10. The 0.C.S.D. may, at its sole discretion and expense, inspect any FIRE AUTHORITY FIRE
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 FIRE AUTHORITY in writing of the specific violations. The FIRE
AUTHORITY 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 FIRE
AUTHORITY fails to address and/or correct such violations within the time period set forth
in this paragraph, the 0.C.S.D. may terminate and/or cancel the Agreement.
11. In consideration of the COUNTY'S promises and efforts under this Agreement, the FIRE
AUTHORITY shall pay the COUNTY $1,875.00 per calendar month for the first eight
months of this Agreement; $1,950.00 per calendar month for the second year of this
Agreement, $2,041.67 per calendar month for the third year of this Agreement; and $2,166.67
per calendar month for the fourth year of this Agreement 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 FIRE AUTHORITY without
any further notice or demand from the COUNTY.
11.3. Each monthly payment shall be made by a check drawn on a FIRE AUTHORITY
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 FIRE AUTHORITY
intended the payment to apply. The COUNTY, in its discretion, may apply any
monthly payment received from the FIRE AUTHORITY 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 FIRE
AUTHORITY. 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 FIRE AUTHORITY from the County, including, but not limited to, distributions from the
Delinquent Tax Revolving Fund (DTRF).
13. The FIRE AUTHORITY 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 FIRE AUTHORITY
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:
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
11.1.
Page 4
13.1.1. Products and completed operations;
13.1.2. Broad Form Property damage;
13.1.3. Premises/Operations;
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 FIRE
AUTHORITY."; 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 FIRE AUTHORITY 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 FIRE AUTHORITY
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 FIRE
AUTHORITY 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
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 5
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 FIRE AUTHORITY and/or any FIRE
AUTHORITY FIRE PERSONNEL, including, but not limited to:
15.1. Any and all alleged breach of any legal duty to any person by the FIRE
AUTHORITY or any FIRE AUTHORITY FIRE PERSONNEL
15.2. Any and all alleged FIRE AUTHORITY or FIRE AUTHORITY FIRE
PERSONNEL'S negligent or erroneous response to, or failure to respond to, any
communication or FIRE 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 fire or emergency related services
due to any alleged negligence by the FIRE AUTHORITY;
154. Any and all alleged failures by the FIRE AUTHORITY or any FIRE AUTHORITY
FIRE PERSONNEL to receive any transmitted FIRE DISPATCH SERVICE;
15.5. Any and all alleged injuries or losses to the FIRE AUTHORITY and/or any FIRE
AUTHORITY FIRE PERSONNEL arising out of any FIRE DISPATCH SERVICE
provided under this Agreement;
15.6. Any and all alleged failures by the FIRE AUTHORITY or any FIRE AUTHORITY
FIRE 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 FIRE
AUTHORITY or FIRE AUTHORITY FIRE PERSONNEL services, equipment. or
any other event, occurrence, duty, or obligation related or attendant thereto.
The FIRE AUTHORITY, 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 FIRE AUTHORITY or any FIRE
AUTHORITY FIRE 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 FIRE AUTHORITY 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 FIRE AUTHORITY
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 FIRE
AUTHORITY 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 FIRE AUTHORITY 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,
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 6
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.
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 FIRE AUTHORITY. The COUNTY and/or any
COUNTY AGENTS legal status and relationship to the FIRE AUTHORITY shall be that of
an Independent Contractor. No FIRE AUTHORITY FIRE 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 FIRE AUTHORITY and the 0.C.S.D. shall each remain the sole and exclusive employer
of each of their respective employees. The FIRE AUTHORITY 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 FIRE AUTHORITY nor any FIRE AUTHORITY FIRE 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 FIRE AUTHORITY 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 FIRE AUTHORITY becomes aware of which involves, in any
way, the 0.C.S.D. or any COUNTY AGENT. The FIRE AUTHORITY 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.
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 7
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
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 FIRE
AUTHORITY Board. The approval and terms of this Agreement shall be entered into the
official minutes and proceedings of the COUNTY Board of Commissioners and FIRE
AUTHORITY Board and also shall be filed with the Office of the Clerk for the COUNTY
and the FIRE AUTHORITY. 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 FIRE AUTHORITY 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 FIRE AUTHORITY and fully supersedes any and all prior contracts, agreements or
understandings between them in any way related to the subject matter hereof after the
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 8
NORTH OAKLAND COUNTY FI
AUTHORITY,
a Michigalvlunici
BY:
ALISON KALCEC
President
effective date of this Agreement, except that any FIRE AUTHORITY 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 FIRE AUTHORITY Board in accordance with
the procedures set forth herein.
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 fill 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 FIRE
AUTHORITY hereby agree and promise to be bound by the terms and provisions of this
Agreement.
IN WITNESS WHEREOF, ALLISON KALCEC, President, for The North Oakland County Fire
Authority, hereby acknowledges that she has been authorized by a resolution of the NORTH
OAKLAND COUNTY FIRE AUTHORITY Board (a certified copy of which is attached) to execute this
Agreement on behalf of The North Oakland County Fire Authority and hereby ac5epts and binds FIRE
AUTHORITY to the terms and conditions of this Agreement on this VOiay of J , 2003.
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 9
COIXYAV OAKLAND', a Michigan
MunicipV Orporatio
OMAS A.
Chairperson, Oakland County Board of
Commissioners
BY: BY:
OAKLAN
Consti
BY:
MICHAEL J.FJUCHARD,
Oakland County Sheriff
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 9-04\ day of Vt.orA8...1_,-,\-- , 2003.
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the
OAKLAND COUNTY SHERIFF, a Michigan Constilutilnnal Office, reby co rs and accepts
the terms and conditions of this Agreement on this Ajr day of , 2003.
2003-2007 FIRE DISPATCH SERVICE AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND THE NORTH OAKLAND COUNTY FIRE AUTHORITY
Page 10
Resolution #03166 July 17, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (Misc. #03166) July 31, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT-FIRE DISPATCH SERVICE FOR THE NORTH OAKLAND
COUNTY FIRE AUTHORITY FOR 2003-2007
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. The North Oakland County Fire Authority has requested to enter
into a four (4) year contract with the Oakland County Sheriff
for fire dispatch services to the authority beginning
approximately August 15, 2003.
2. Contract rates are $2,813 for 2003, $22,950 for 2004, $23,950
for 2005, $25,250 for 2006 and $26,000 for 2007.
3. The revenue generated from this contract will be placed in the
Communications unit overtime budget to cover the increased
workload.
4. A budget amendment is recommended for Fiscal Year 2003 and
County Executive Recommended Budget Fiscal Year 2004 and
Fiscal Year 2005 as follows:
Fund Dept OCA PCA Object FY 2003 FY 2004 FY 2005
Revenue
101 43 013901 41000 0449 Disp Serv $2,813 $22,950 $23,950
Expend
101 43 023901 41000 2002 Overtime $2,813 $22,950 $23,950
$- 0 - $- 0 - $- 0 -
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Suarez absent.
Resolution #03166 July 31, 2003
Moved by Scott supported by Hatchett the resolutions on the Consent Agenda be adopted (with accompanying
reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law,
Long, McMillin, Middleton, Moffitt, Palmer, Potter, Rogers, Scott, Webster, Wilson, Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
Y APPROVE THE FOREGOING RESOLUTION
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 July 31, 2003,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of >Re County of Oakland at
Pontiac, Michigan this 31st day of July, 2003.
G. William Caddell, County Clerk