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HomeMy WebLinkAboutResolutions - 2007.05.24 - 9285REPORT (MR #07123) May 24, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE - POLICE DISPATCH SERVICES FOR THE CITY OF LAKE ANGELUS FOR 2007-2012 To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on May 17, 2007, reports with the recommendation that the contract be amended on page 4, section 11, to reflect the annual rates outlined in the Fiscal Note, on a calendar month basis. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE: Ayes: Long, Coulter, Greimel, Kowall, Zack, Douglas, Crawford, Rogers Nays: Middleton Absent: Potter, Woodward May 10, 2007 MISCELLANEOUS RESOLUTION 107123 BY: PUBLIC SERVICES COMMICTER, IEEE POTTER, CHAIRPERSON IN RE: SHERIFF'S OFFICE -POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS FOR 2007-2012 TO THE OAKLAND COUNTY BOAR -2 OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland Cohty Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Police Dispatch services; and WHEREAS at the reqest of City of Lake Angelus the Sheriffs Office has provided such services to the City of Cake Angelus in the past; WHEREAS the City of Lake Angelus has requested that the Sheriff's Office dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the at sconce siispasch agreement; ahd WHEREAS the Sheriff Otlice along with the Department of Management & B .adget is recommending the attached contract for d'_spatching services between the County of Oakland and City of Lake Angelus. NOW THEREFORE BE :7 RFSOZVF:D that the Oakiand County Board of Commissioners authorizes the Chairperson of the lord to enter into the attached Police Dispatch Agreement with City of Lake Angelus. Chairperson, on behalf of tne Public Services Committee, I move the adoption of the foregoing PUPLIC SE:aVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously 7,,h a roll call vote 2007 -2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF LAKE ANGELUS 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 CITY OF LAKE ANGELUS whose address is 45 Gallogly Road, Lake Angelus, Michigan, (the "MUNICIPALITY"). 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 OFFICE" ("0.C.S.0.") WITNESSETH WHEREAS, the MUNICIPALITY is authorized by law to provide police protection service for residents of the MUNICIPALITY: and WHEREAS, in order to provide effective police protection services for its residents, the MUNICIPALITY must also provide for Municipal Police Department communication and dispatch functions; and WHEREAS, the 0.C.S.O. provides police communication and dispatch functions and has the capability to provide police dispatch for the MUNICIPALITY but, absent this Agreement, is not obligated to provide "POLICE DISPATCH SERVICE", as defined in this Agreement, for the MUNICIPALITY; and WHEREAS, the COUNTY and the MUNICIPALITY may enter into an contract by which the 0.C.S.O. would provide POLICE DISPATCH SERVICE for the MUNICIPALITY; and WHEREAS, the MUNICIPALITY has concluded that it is more cost effective to contract for POLICE DISPATCH SERVICE with the 0.C.S.O. than to equip and staff its own police communication and dispatch center; and WHEREAS, the 0.C.S.O. agrees to provide POLICE DISPATCH SERVICE for the "MUNICIPAL 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.O. police communications functions, provide POLICE DISPATCH SERVICE to MUNICIPAL POLICE PERSONNEL. 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 aC.S.O., which 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 1 4.23.07 either requests, requires, or in the sole judgment of the 0.C.S.O. or designated COUNTY AGENT(S), appears to request or require the presence, attention, or services of any MUNICIPAL POLICE PERSONNEL to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, the protection of property, any emergency (including, but not limited to criminal, medical, fire, health, civil disputes, and/or civil infractions), which results in any 0.C.S.O, or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any MUNICIPAL POLICE PERSONNEL. 2.2. "MUNICIPAL 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 MUNICIPALITY either to provide, supply, support, administer, or direct any MUNICIPALITY police or law enforcement services and/or any persons acting by, through, under, or in concert with any of them: or any other MUNICIPALITY official, officer, employee or agent whose CITY ,job duties may include the receipt of any 0.C.S.O. POLICE DISPATCH SERVICE(S). "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.O. and/or any COUNTY AGENT shall not be obligated to provide or assist the MUNICIPALITY or any MUNICIPAL POLICE PERSONNEL with ally other direct, indirect, backup, or supplemental support or police or emergency-related service or protection, of any kind or nature, or he obligated to send any COUNTY AGENT to respond, in any way, to any call for MUNICIPAL POLICE PERSONNEL services. 4. Under all circumstances, the MUNICIPALITY shall remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 2 4.23.07 MUNICIPAL POLICE PERSONNEL to receive and respond to POLICE DISPATCH SERVICE in a timely and professional manner. 5. The MUNICIPALITY acknowledges that there may be circumstances when, despite all reasonable efforts, an 0.C.S.O. or COUNTY AGENT attempt to communicate or provide POLICE DISPATCH SERVICE for MUNICIPAL POLICE PERSONNEL may be unsuccessful and, as a result, MUNICIPAL POLICE PERSONNEL'S timely response to a call for MUNICIPAL POLICE PERSONNEL assistance may not be forthcoming. To the extent provided by law, the MUNICIPALITY 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 MUNICIPAL POLICE PERSONNEL'S alleged failure to respond in a timely manner to any call fix MUNICIPAL POLICE PERSONNEL assistance. 6. This Agreement does not, and is not intended to, include any 0.C.S.O. warranty, promise, or guaranty, of any kind or nature, concerning the performance of POLICE DISPATCH SERVICE to the MUNICIPALITY except that 0.C.S.O. will make a reasonable effort to provide POLICE DISPATCH SERVICE for MUNICIPAL POLICE PERSONNEL consistent with existing 0.C.S.O. dispatching procedures, policies, and/or standards. 7. This Agreement does not, and is not intended to, obligate or require the 0.C.S.O. to change, alter, modify, or develop any different 0.C.S.O. dispatch related procedures, policies, and/or standards; purchase or use any special or additional equipment; or, alternatively, prohibit the 0.C.S.O. from implementing any future communication-related changes that the 0.C.S.O., in its sole judgment and discretion, believes to be in its best interest. 8. The MUNICIPALITY shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all MUNICIPAL POLICE PERSONNEL radios and other communication equipment will be properly set, adjusted, and maintained to receive any POLICE DISPATCI I SERVICE from the 0.C.S.O. and/or COUNTY AGENT and will comply with all current and future applicable 0.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 MUNICIPAL POLICE PERSONNEL will be adequately trained and will comply with all current and future applicable 0.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 MUNICIPALITY and all MUNICIPAL 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 MUNICIPAL POLICE PERSONNEL to receive POLICE DISPATCH SERVICE from the 0.C.S.O. 9. The MUNICIPALITY shall be solely and exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease, operation, and/or use of any MUNICIPAL POLICE PERSONNEL radio or other communication equipment. The 0.C.S.O. shall not be obligated to provide MUNICIPAL POLICE PERSONNEL with any radio or other 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 3 4.23.07 communication equipment of any kind. The MUNICIPALITY shall not be obligated under the terms of this Agreement to supply or provide the 0.C.S.O. with any additional telephones, telephone lines, radios, other communications equipment, or property. 10. The 0.C.S.O. may, at its sole discretion and expense, inspect any MUNICIPAL POLICE PERSONNEL radio or other communication equipment to ensure that it conforms with applicable 0.C.S.O. dispatching procedures, policies, standards, technical specifications, and/or state and federal law. If the inspection reveals a lack of conformance, the 0.C.S.O. shall notify the MUNICIPALITY in writing of the specific violations. The MUNICIPALITY 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.O. within 15 calendar days setting forth a procedure for correcting the violations. If the MUNICIPALITY fails to address and/or correct such violations within the time period set forth ill this paragraph, the 0.C.S.O. may cancel and/or terminate the Agreement. 11. In consideration of the COUNTY'S promises and efforts under this Agreement, the MUNICIPALITY shall pay the COUNTY $1,521.66 $380,42 per calendar month for the first year of this Agreement; $1,567.33 $783.67 per calendar month for the second year of this Agreement; $1,661.33 $830.66 per calendar month ibr the third year of this Agreement; $1,711.33- $855.66 per calendar month for the fourth year of this Agreement; and $ 1,762.66 $881.33 per calendar month for the fifth 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 ffi calendar day after this Agreement is extended, and continuing each calendar month thereafter. 11.2. All Monthly payments shall he due and payable by the MUNICIPALITY without any further notice or demand from the COUNTY, 11.3. Each monthly payment shall be made by a check drawn on a MUNICIPALITY 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 MUNICIPALITY intended the payment to apply. The COUNTY, in its discretion, may apply any monthly payment received from the MUNICIPALITY 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 MUNICIPALITY. 13. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 4 11 .1 . 4.23.07 the County. Such funds shall be paid directly to the County. Further, the Municipality waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the Municipality waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. 14. The MUNICIPALITY shall purchase and maintain the following insurance coverage, in the ininimum coverage amounts indicated, for the entire duration of this Agreement and provide the COUNTY with the following Certificates of Insurance. 14.1. Commercial General Liability with the following as minimum requirements: $3,000,000 — General Aggregate Limit other than Products & Completed Operations $3,000,000 — Products & Completed Operations Aggregate Limit $3,000,000 — Personal & Advertising Injury Limit $3,000,000 — Each Occurrence Limit The Commercial General Liability policy' shall contain the following coverage(s): • Occurrence Form • Premises & Operations • Products & Completed Operations • Per Location General Aggregate • Broad Form Property Damage • Independent Contractors • Blanket Broad Form Contractual (including liability' assumed under this contract) • Personal Injury with contractual and employee exclusions deleted • X. C. & U Exclusions deleted as necessary 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 5 4.23.07 14.2. Workers' Compensation: Coverage A: with limits statutorily required by any applicable Federal or State law and (and) Employers' Liability Insurance, Coverage B: with minimum limits of $500,000 each accident, $500,000 disease each employee, and $500.000 disease policy limit. 14.3. Automobile Liability: Insurance (including all Michigan No-Fault Coverage) with a minimum limit of $2,000,000 Combined Single Limit per Occurrence including coverage for all hired, leased. owned, and non-owned vehicles. 14.4. The minimum limits of liability required by this contract may be satisfied with a combination of primary and umbrella/excess policies, specifically listing the primary policy(s) as underlying insurance, but only if the combined limits equal or exceed those required. 14.5. All Certificates of Insurance, self-insurance, or duplicate policies of any outside vendor or contractor shall contain the following clauses: 14.5.1 All coverage afforded the MUNICIPALITY must he on a primary basis, non- contributory, and not excess to any insurance or self-insurance carried or retained by the COUNTY OF OAKLAND. 14.5.2 Any and all deductibles or self-insured retentions in the above described insurance policies shall be assumed by, and be for the account of, and at the sole risk of The MUNICIPALITY. 14.5.3 All Certificates of Insurance are to provide thirty (30) days written notice of cancellation, non-renewal, or material change. 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. 14.5.4 Insurance carriers must be approved to do business in the State of Michigan. Insurers shall possess a minimum A.M. Best rating of AG (or) be a licensed Michigan Municipal Risk pool. 14.5.5 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. 14.5.6 All policies of insurance shall contain a written waiver of subrogation in favor of The COUNTY OF OAKLAND, the SHERIFF, and any and all COUNTY AGENT as defined in this agreement. This provision is waived if specifically prohibited by the reinsurance carrier ()laity Michigan Municipal Risk Pool and evidence is provided to the COUNTY'S Risk Management division. This waiver only applies to coverage specifically insured through a Michigan Municipal Risk Pool and only while coverage remains in force through the Pool. 14.5.7 All policies, with the exception of the Workers Compensation policy, shall be endorsed to name The COUNTY OF OAKLAND. the SHERIFF, and any and all COUNTY AGENT as defined in this Agreement as Additional Insureds. 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 6 4.23.07 15. The COUNTY and/or any COUNTY AGENT shall be legally subrogated to any rights to recover or any benefits the MUNICIPALITY 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 MUNICIPALITY shall cooperate and perform any act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT. 16. Except as otherwise provided in this Paragraph, and to the extent provided by law, the MUNICIPALITY 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 MUNICIPALITY and/or any MUNICIPAL POLICE PERSONNEL including, but not limited to: 16.1. Any and all alleged breach of any legal duty to any person by the MUNICIPALITY or any MUNICIPAL POLICE PERSONNEL: 16.2. Any and all alleged MUNICIPALITY or MUNICIPAL 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; 16.3. 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 MUNICIPALITY; 16.4. Any and all alleged failures by the MUNICIPALITY orally MUNICIPAL POLICE PERSONNEL to receive any transmitted POLICE DISPATCH SERVICE; 16.5. Any and all alleged injuries or losses to the MUNICIPALITY and/or any MUNICIPAL POLICE PERSONNEL arising out of any POLICE DISPATCH SERVICE provided under this Agreement: 16.6. Any and all alleged failures by the MUNICIPALITY or any MUNICIPAL POLICE PERSONNEL to comply with any duty or obligation in this Agreement; and/or 16.7. Any and all other alleged or actual CLAIM based. in any way, upon any MUNICIPALITY or MUNICIPAL POLICE PERSONNEL services, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The MUNICIPALITY, 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 WINICIPALITY or any MUNICIPAL POLICE PERSONNEL. 17. The indemnification right aftbrded 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 MUNICIPALITY and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT loss Nyhether or not any such insurance coverage is stated to be 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 7 4.23.07 primary, contributing. excess, or contingent. To the extent that any MUNICIPALITY 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 MUNICIPALITY 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. 18. All MUNICIPALITY 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. 19. 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. 20. Neither the COUNTY nor any COUNTY AGENT, by virtue of this Agreement or otherwise, shall be considered employees of the MUNICIPALITY. The COUNTY and/or any COUNTY AGENTS legal status and relationship to the MUNICIPALITY shall be that of an Independent Contractor. No MUNICIPAL POLICE PERSONNEL shall, by virtue of this Agreement or otherwise, be considered all employee, agent, or working under the supervision and control of the COUNTY and/or any COUNTY AGENT. 21. The MUNICIPALITY and the 0.C.S.O. shall each remain the sole and exclusive employer of each of their respective employees. The MUNICIPALITY 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 Ifinited 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 0.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 0,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 0.C.S.O. and/or all conduct and actions of any COUNTY AGENT. 23. Neither the MUNICIPALITY nor any MUNICIPAL 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 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 8 4.23.07 any COUNTY AGENT in the performance of any COUNTY duty or obligation under the terms of this Agreement. 24. The MUNICIPALITY shall promptly deliver to the 0.C.S.0, written notice and copies of any CLAIM, accusation or allegation of negligence or other wrongdoing, whether civil or criminal in nature, that the MUNICIPALITY becomes aware of which involves, in any way, the O.C.S.O. or any COUNTY AGENT. The MUNICIPALITY shall cooperate with the 0.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 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, 2012, This Agreement may be cancelled for any reason, including the convenience of any Party, and without any penalty, before its March 31, 2012, 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. 26. 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 MUNICIPAL governing body. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPAL governing body and also shall be filed with the Office of the Clerk for the COUNTY and the MUNICIPALITY. 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 eases, 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. 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, 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 9 4.23.07 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 MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPALITY 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 MUNICIPAL governing body in accordance with the procedures set forth herein. 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. 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. 34. 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. 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 MUNICIPALITY hereby agree and promise to be bound by the terms and provisions of this Agreement. 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 10 4.23.07 IN WITNESS WHEREOF, GEORGE FRISCH, Mayor, City of Lake Angelus, hereby acknowledges that he has been authorized by a resolution of the City Council (a certified copy of which is attached) to execute this Agreement on behalf of the City of Lake Angelus and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this day of .2007. WITNESS: CITY OF LAKE ANGELUS, BY: IN WITNESS WHEREOF, BILL BULLARD, JR., 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 , 2007. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners 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 , 2007. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff 2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF THE CITY OF LAKE ANGELUS Page 11 4.23.07 Resolution #07123 May 10, 2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #07123) May 24, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — POLICE DISPATCH SERVICES FOR THE CITY OF LAKE ANGELUS FOR 2007-2012 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 reference resolution and finds: proposed rates as follows: 1. Police dispatch rates for the City of Lake Angelus as follows:: 12 months ending 3/31/2008 $ 4,565 3/31/2009 9,404 3/31/2010 19,335 2. The FY 2008/2009 County Executive Recommended Budget will be based on the adopted resolution, FINANCE COMMITTEE May 24, 2007 Resolution #07123 Moved by Scott supported by Potter the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Scott the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Scott supported by Potter the resolution be amended as follows: Amend page 4 Section 11 of the 2007-2012 Police Dispatch Service Agreement between the County of Oakland and the City of Lake Angelus to read: 11. In consideration of the COUNTY'S promises and efforts under this Agreement, the MUNICIPALITY shall pay the COUNTY $380.42 per calendar month for the first year of this Agreement; $783.58 per calendar month for the second year of this Agreement; $1,661.25 per calendar month for the third year of this Agreement; $1,711.25 per calendar month for the fourth year of this Agreement; and $1,762.58 per calendar month for the fifth year of this Agreement as follows. Vote on amendment: AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Bullard, Crawford, Douglas, Gershenson. (21) NAYS: Zack, Burns, Coleman, Coulter. (4) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Potter supported by Middleton the fiscal note be amended to coincide with the recommendation by the Finance Committee as follows: 1. Police dispatch rates for the City of Lake Angelus as follows:: 12 months ending 3/31/2008 $ 4,565 3/31/2009 9,404 3/31/2010 19,935 2. The FY 2008/2009 County Executive Recommended Budget will be based on the adopted resolution. Discussion followed. Vote on amendment; AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Bullard, Crawford, Douglas, Gershenson, Gingen. (21) NAYS: Zack, Burns, Coleman, Coulter. (4) A sufficient majority having voted in favor, the amendment carried. Ruth Jo ;Zounty Clerk Discussion followed. Vote on resolution, as amended: AYES: Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Bullard, Burns, Coleman, Crawford, Douglas, Gershenson, Gingell, Gosselin. (23) NAYS: Zack, Coulter. (2) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. I SW APPROVE TIE FOREGOING MOWN s--4s---A STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 May 24, 2007, 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 24th day of May, 2007.