HomeMy WebLinkAboutResolutions - 2021.03.25 - 34264MISCELLANEOUS RESOLUTION #21105 March 25, 2021
BY Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: SHERIFF'S OFFICE — FIRE DISPATCH SERVICE AGREEMENT WITH THE FRANKLINI
BINGHAM FIRE DEPARTMENT, APRIL 1, 2021 - MARCH 31, 2024
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into agreements with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services;
and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Franklin/Bingham Fire Department for dispatch services, and
WHEREAS the Franklin/Bingham Fire Department has requested Fire Dispatch services from the Oakland
County Sheriff for the period April 1, 2021 to March 31, 2024; and
WHEREAS the fire dispatch agreement rates established for the period of April 1, 2021 — March 31, 2022
is $33.46 per call or $18,671 annually; for the period of April 1, 2022 — March 31, 2023 is $34.46 or $19,229
annually; for the period of April 1, 2023 — March 31, 2024 is $35 49 per call or $19,803 annually; and
WHEREAS the Franklin/Bingham Fire Department has agreed to the attached Agreement which
incorporates the current fire dispatch rates as established by the Oakland County Board of Commissioners,
and
WHEREAS Corporation Counsel has reviewed the attached Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2021-
2024 Fire Dispatch Service Agreement with the Franklin/Bingham Fire Department
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2021-
2024 Fire Dispatch Service Agreement from the Franklin/Bingham Fire Department accompanied by a
certified copy of the resolution of their respective governing body accepting the Agreement, and upon the
further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of
Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County
of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of the
community's governing body resolution approving same, the Oakland County Clerk shall file a copy of the
final, executed 2021-2024 Fire Dispatch Service Agreement with the Secretary of State.
BE IT FURTHER RESOLVED that the annual revenue and expenditures for these amendments are
reflected in the budget amendment for FY 2021 — FY 2023 included with resolution titled "Sheriff's Office —
Establishment of Dispatch Services Agreement Rates —April 1, 2021 through March 31, 2024".
Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing
resolution.
CommissiopAr Penny Luebs, District #16
Chairperson, Public Health and Safety
Committee
PUBLIC HEALTH AND SAFETY COMMITTEE VOTE:
Motion carried on a roll call vote with Gingell absent.
2021 — 2024 FIRE DISPATCH SERVICE AGREEMENT
BETWEEN COUNTY OF OAKLAND
AND
THE FRANKLIN-BINGHAM FIRE DEPARTMENT
April 1, 2021 —March 31, 2024
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 FRA NKLIN-B INGHAM FIRE
DEPARTMENT, Inc., a non-profit corporation whose address is 32707 Franklin Road, Franklin,
Michigan 48025 (the "DEPARTMENT"). In this Agreement, the COUNTY shall be represented by
the OAKLAND COUNTY SHERIFF, in their official capacity as a Michigan Constitutional Officer,
whose address is 1200 North Telegraph Road, Bldg. 38 E., 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
OFFICE" ("O.C.S.O.").
INTRODUCTION
WHEREAS, the DEPARTMENT is authorized by law to provide fire protection service for the
residents of the Villages of Franklin and Bingham Farms; and
WHEREAS, to provide effective fire protection services for its residents, the DEPARTMENT
must also provide fire department communication and dispatch functions; and
WHEREAS, the O.C.S.O. provides police communication and dispatch functions and has the
capability to provide fire dispatch for the Villages of Franklin and Bingham Farms but, absent this
Agreement, is not obligated to provide FIRE DISPATCH SERVICE, for the DEPARTMENT; and
WHEREAS, the COUNTY and the DEPARTMENT may enter into a contract by which the
O.C.S.O. would provide FIRE DISPATCH SERVICE for the DEPARTMENT; and
WHEREAS, the DEPARTMENT has concluded that it is more cost effective to contract for FIRE,
DISPATCH SERVICE with the O.C.S.O. than to equip and staff its own fire communication and
dispatch center; and
WHEREAS, the O.C.S.O. agrees to provide FIRE DISPATCH SERVICE for the VOLUNTEER
FIRE PERSONNEL, 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 O.C.S.O. police communications functions, provide FIRE DISPATCH SERVICE
to VOLUNTEER FIRE, PERSONNEL for the Villages of Franklin and Bingham Farris.
2. Except as expressly provided for in this Agreement, the Parties agree that this Agreement
does not, and is not intended to, transfer, delegate, or assign to the other Party or any civil or
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legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated
with any governmental function delegated and/or entrusted to either party under any existing
law or regulations.
3. 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:
3.1 "FIRE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non -
emergency telephone call or notice, of any kind, received by the O.C.S.O., which
requests, requires, or, in the sole judgment of the O.C.S.O. or a COUNTY AGENT
appears to request or require the presence, attention, or services of any VOLUNTEER
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),
and an O.C.S.O. or COUNTY AGENT radio communication, or any attempted radio
communication to any VOLUNTEER FIRE PERSONNEL.
3.2 "VOLUNTEER 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 DEPARTMENT to provide, supply,
support, administer, or direct any fire or emergency related services and/or any
persons acting by, through, under, or in concert with any of them; or any
DEPARTMENT official, officer, employee or agent whose job duties may include the
receipt of any O.C.S.O. FIRE DISPATCH SERVICE.
3.3 "COUNTY AGF,NT(S)" 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.
3.4 "CLAIM(S)" 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.
4. The DEPARTMENT agrees that under the terms of this Agreement, except for the FIRE
DISPATCH SERVICE(S) expressly contracted for herein, that neither the O.C.S.O. nor any
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THE COUNTY OF OAKLAND AND THE FRANKLIN-BINGHAM FIRE DEPARTMENT
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COUNTY AGENT(S) shall be obligated, in any other way, to provide or assist the
DEPARTMENT or any VOLUNTEER FIRE PERSONNEL with any other direct, indirect,
backup or supplemental support or police , fire or emergency -related services or protection of
any kind or nature whatsoever, or send COUNTY AGENT(S) to respond, in any way, to any
call for FIRE PERSONNEL services.
5. Under all circumstances, the DEPARTMENT shall remain solely and exclusively
responsible for all costs and/or liabilities associated with providing available on -duly
VOLUNTEER FIRE PERSONNEL to receive and respond to FIRE DISPATCH SERVICE
in a timely and professional manner.
6. The DEPARTMENT acknowledges that there may be circumstances when, despite all
reasonable O.C.S.O. or COUNTY AGENT(S) efforts, an O.C.S.O. or COUNTY
AGENT(S) attempt to communicate or provide FIRE DISPATCH SERVICES(S) for
VOLUNTEER FIRE PERSONNEL may be unsuccessful and, as a result, FIRE
PERSONNEL'S timely response to a call for FIRE PERSONNEL assistance may not be
forthcoming.
7. The DEPARTMENT agrees that this Agreement does not, and is not intended to, include
any O.C.S.O. warranty, promise, or guarantee of any kind or nature whatsoever concerning
the provision of FIRE DISPATCH SERVTCES(S) to the DEPARTMENT except that the
COUNTY will make a reasonable effort to provide FIRE DISPATCH SERVICF.(S) for
VOLUNTEER FIRE PERSONNEL consistent with existing O.C.S.O. communication and
dispatch policies, procedures, orders and standards.
8. This Agreement does not, and is not intended to, obligate or require the O.C.S.O. to change,
alter, modify, or develop any different O.C.S.O. dispatch related procedures, policies, and/or
standards; purchase or use any special or additional equipment; or, alternatively, prohibit the
O.C.S.O. from implementing any future communication -related changes that the O.C.S.O., in
its sole judgment and discretion, believes to be in its best interest.
9. The DEPARTMENT shall be solely and exclusively responsible during the term of this
Agreement for guaranteeing that: (a) all VOLUNTEER FIRE PERSONNEL radios and other
communication equipment will be properly set, adjusted, and maintained to receive any FIRE.
DISPATCH SERVICE from the O.C.S.O. and/or COUNTY AGENT and will comply with
all current and future applicable O.C.S.O. 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 VOLUNTEER FIRE PERSONNEL will be adequately trained and will
comply with all current and future applicable O.C.S.O. 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 DEPARTMENT and all VOLUNTEER 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
VOLUNTEER FIRE PERSONNEL to receive FIRE DISPATCH SERVICE from the
O.C.S.O.
10. The DEPARTMENT shall be solely and exclusively responsible for all fees, costs,
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expenses and liabilities, including any connectivity costs, associated with the purchase,
lease, operation, and/or use of any VOLUNTEER FIRE PERSONNEL radio or other
communication equipment. The O.C.S.O. shall not be obligated to provide VOLUNTEER
FIRE PERSONNEL with any radio or other communication equipment of any kind. The
DEPARTMENT shall not be obligated tinder the terms of this Agreement to supply or
provide the O.C.S.O. with any additional telephones, telephone lines, radios, other
communications equipment, or property.
11. The O.C.S.O. may, at its sole discretion and expense, inspect any VOLUNTEER FIRE
PERSONNEL radio or other communication equipment to ensure that it conforms with
applicable O.C.S.O. dispatching procedures, policies, standards, technical specifications,
and/or state and federal law. If the inspection reveals a lack of conformance, the O.C.S.O.
shall notify the DEPARTMENT in writing of the specific violations. The DEPARTMENT
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 O.C.S.O. within 15 calendar days
setting forth a procedure for correcting the violations. If the DEPARTMENT fails to address
and/or correct such violations within the time period set forth in this paragraph, the O.C.S.O.
may terminate and/or cancel the Agreement.
12.In consideration of the COUNTY'S promises and efforts under this Agreement, the
DEPARTMENT shall pay the COUNTY $1,555.89 per month for the months of April 1,
2021 through March 31, 2022, $1,602.39 per month for the months of April 1, 2022 through
March 31, 2023 and $1,650.29 per month for the months of April 1, 2023 through March
31, 2024. Said payments shall be made as follows:
12.1 The COUNTY shall send an invoice to the DEPARTMENT each month for services
rendered the previous month. The DEPARTMENT shall have 30 days from the date
of each invoice to make payment. For example, for services rendered in July of 2021,
the COUNTY will bill the DEPARTMENT on August 1, 2021 and the
DEPARTMENT shall pay the invoice within 30 days of the invoice date.
12.2 All Monthly payments shall be due and payable by the DEPARTMENT without any
further notice or demand from the COUNTY.
12.3 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
DEPARTMENT intended the payment to apply. The COUNTY, in its discretion,
may apply any monthly payment received from the DEPARTMENT to any past
due amount or monthly payment then due and owing to the COUNTY pursuant to
this Agreement.
13. If the DEPARTMENT, for any reason, fails to pay the COUNTY any monies when and as
due under this Agreement, the DEPARTMENT agrees that unless expressly prohibited by
law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to setoff
from any other DEPARTMENT funds that are in the COUNTY'S possession for any reason.
Funds include but are not limited to the Delinquent Tax Revolving Fund ("DTRF"). Any
setoff or retention of funds by the COUNTY shall be deemed a voluntary assignment of the
amount by the DEPARTMENT to the COUNTY. The DEPARTMENT waives any
CLAIMS against the COUNTY or its Officials for any acts related specifically to the
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COUNTY'S offsetting or retaining such amounts. This paragraph shall not limit the
DEPARTMENT's legal right to dispute whether the underlying amount retained by the
COUNTY was actually due and owing under this Agreement. If the COUNTY chooses not
to exercise its right to setoff or if any setoff is insufficient to fully pay the COUNTY any
amounts due and owing the COUNTY under this Agreement, the COUNTY shall have the
right to charge up to the then -maximum legal interest on any unpaid amount. Interest charges
shall be in addition to any other amounts due to the County under this Agreement. Interest
charges shall be calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fiilly paid. Nothing in this Section shall
operate to limit the COUNTY'S right to pursue or exercise any other legal rights or remedies
to the COUNTY under this Agreement against the DEPARTMENT to secure reimbursement
of amounts due the COUNTY under this Agreement. The remedies in this paragraph shall be
available to the COUNTY on an ongoing and successive basis if the DEPARTMENT at any
time becomes delinquent in its payments. Notwithstanding any other terms and conditions in
this Agreement, if the COUNTY pursues any legal action in any court to secure its payment
under this Agreement, the DEPARTMENT agrees to pay all costs and expenses, including
attorney's fees and court costs, incurred by the County in the collection of any amount owed
by the DEPARTMENT.
14. The DEPARTMENT agrees that all DEPARTMENT representations, 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 parties agree
that the expiration, cancellation, or termination of this Agreement shall be without prejudice
to any rights or claims of either party against the other and shall not relieve either party of any
obligations which, by their nature, survive expiration or termination of this Agreement.
15. Each party shall be responsible for any CLAIM made against that party and for the acts of its
employees or agents.
16. In any CLAIM that may arise from the performance of this Agreement, each Party shall seek
its own legal representation and bear the costs associated with such representation, including
any attorney fees.
17. Except as otherwise provided in this Agreement, neither Party shall have any right under any
legal principle to be indemnified by the other Party or any of its employees or AGENTS in
connection with any CLAIM.
18. 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. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
19. This Agreement does not, and is not intended to, create, by implication or otherwise, any
direct or indirect obligation, ditty, promise, benefit, and/or right to be indemnified, or any
other right of any kind in favor of any person, organization, alleged third party beneficiary, or
any right to be contractually, legally, equitably or otherwise subrogated to any
indemnification or any other rights provided under the terms of this Agreement.
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20. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise,
shall be considered employees of the DEPARTMENT. The COUNTY and/or any COUNTY
AGENTS legal status and relationship to the DEPARTMENT shall be that of an Independent
Contractor. No VOLUNTEER 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.
21. The DEPARTMENT and the O.C.S.O. shall each remain the sole and exclusive employer of
each of their respective employees. The DEPARTMENT and 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.
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 or condition of
employment of any COUNTY AGENT, or any applicable O.C.S.O. employment and/or
union contract, any level or amount of supervision, any standard of performance, any
sequence or manner of performance, and/or any O.C.S.O. 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 O.C.S.O. and/or all conduct and actions of any COUNTY AGENT.
23. Neither the DEPARTMENT nor any VOLUNTEER 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.
24. The DEPARTMENT shall promptly deliver to the O.C.S.O. written notice and copies of any
CLAIM, accusation or allegation of negligence or other wrongdoing, whether civil or
criminal in nature, that the DEPARTMENT becomes aware of which involves, in any way,
the O.C.S.O. or any COUNTY AGENT. The DEPARTMENT shall cooperate with the
O.C.S.O. in any investigation conducted by the SHERIFF of any act or performance of any
duties by any COUNTY AGENT.
25. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this
Agreement shall become effective April 1, 2021 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, 2024. This Agreement may be cancelled for any reason, including the convenience
of any Party, and without any penalty, before its March 31, 2024 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 ninety (90) calendar day notice
of the effective dale 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. If this Agreement is terminated for any
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reason, the DEPARTMENT will fully reimburse the COUNTY for all direct and indirect
labor costs incurred by the COUNTY as a result of the Agreement's termination. Such costs
include, but are not limited to, unemployment compensation claims made by COUNTY
employees hired by the COUNTY to fulfill the terms of this Agreement.
26. This Agreement, and any subsequent amendments, shall not become effective prior to
approval by resolution of the COUNTY Board of Commissioners and the DE.PARTMENT's
Board of Commissioners. The approval and terms of this Agreement shall be entered into the
official minutes and proceedings of the COUNTY Board of Commissioners and the
DEPARTMENT and shall also be filed with the Office of the Clerk for the COUNTY and the
DEPARTMENT Clerk. 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.
27. 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.
28. 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 non -possessive, shall be deemed
to include the other whenever the context so suggests or requires.
29. 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.
30. The COUNTY and the DEPARTMENT 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.
31. This Agreement sets forth the entire contract and understanding between the COUNTY and
the DEPARTMENT 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 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 DEPARTMENT's Governing Body in
accordance with the procedures set forth herein.
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32. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations,
administrative rules, requirements applicable to its activities performed under this Agreement.
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. This Agreement sets forth the entire contract and understanding between the COUNTY and
the DEPARTMENT and fully supersedes any and all prior oral or written understandings,
communications, or contracts between the Parties related to the subject matter hereof. 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 DEPARTMENT 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 DEPARTMENT's Governing Body in accordance with the
procedures set forth herein.
35. 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
DEPARTMENT hereby agree and promise to be bound by the terms and provisions of this
Agreement.
IN WITNESS WHEREOF, Richard Rubin, President of the Franklin -Bingham Fire Department,
hereby acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY'S
governing body (a certified copy of which is attached) to execute this Agreement on behalf of the
MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of
this Agreement on this day of 2021.
WITNESS: FRANI LIN-BINGHAM FIRE
DEPARTMENT INC.,
BY:
Name: Richard Rubin
Title: President
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
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behalf of the COUNTY and hereby accepts and binds the COUNTY to the terms and conditions of
this Agreement on this day of 2021.
WITNESS: COUNTY OF OAKLAND,
a Michigan Municipal Corporation
BY:
Name: David T. Woodward
Title: Chairperson, Oakland County Board of
Commissioners
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as SHERIFF, hereby
concurs and accepts the terms and conditions of this Agreement on this day of
.2021.
WITNESS: OAKLAND COUNTY SHERIFF,
a Michigan Constitutional Officer
BY:
Name: Michael .l. Bouchard,
Title: Oakland County Sheriff
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THE COUNTY OF OAKLAND AND THE FRANKLIN-BINGHAM FIRE DEPARTMENT
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Resolution #21105 March 25, 2021
Moved by Weipert seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 25, 2021,
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 Circuit Court at Pontiac,
Michigan this 251h day of March 2021.
Lisa Brown, Oakland County