HomeMy WebLinkAboutResolutions - 2007.05.24 - 9286REPORT (MR #07124) May 24, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF'S OFFICE - POLICE DISPATCH SERVICES FOR THE CITY
OF THE VILLAGE OF CLARKSTON 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: Greimel, Zack, Douglas, Crawford, Long, Coulter, Rogers
Nays: Kowall, Middleton
Absent: Potter, Woodward
Nay 10, 2007
MISCEELANEOUS RESOLUTION #07124
3Y: PUBLIC SERVICES COMM__/L, JEFF POTTER, CHAIRPERSON
IN RE: SHERIFF'S OFFICE -POLICE DISPATCH SERVICE FOR THE CITY OF THE
VILLAGE OF CLARKSTON FOR 2007-2012
70 THE OAKLAND COUNTY ',HOARD OF COMMISSIONERS
Chairperson, Ladies and ri:entlemen:
WHEREAS it is the policy of the Oakland County Hoard of
Commissioners to permit the Sheriff's Office to enter into contractual
agreements for the purpose of Police Dispatcn services; and
WHEREAS at the request of The City of the Village of Clarkston
the Sheriffs Office has provided such services to too City of the
Village of Clarkston in the past; and
WHEREAS the City of the Village of Clarkston has requested that
the Sheriff's Office dispatch their police calls; an:i
WHEREAS Corporation Ccunsel has reviewed this contract and is in
agreement with the attached dispatch agreement; and
WHEREAS the Sheriff's Office along with the Department of
Management & Budget is recommending the attached contract for
dispatching services betweeh the County of Oak:and and The City of the
Village of Clarkston.
NOW THEREFORE HE 17 RESOLVED that the Oakland County Hoard of
Commissioners authorises the Chairnerson of the Hoard to enter into the
attached Police Dispatch Agreement with The City of the Village of
Clarkston.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of toe foredsLng resolution.
PUBLIC SERVICES COMMI:TEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
2007 -2012 POLICE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
CITY OF THE VILLAGE OF CLARKSTON
This Agreement is made and entered into between the COUNTY OF OAKLAND, a
Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (the "COUNTY"), and CITY OF THE VILLAGE OF
CLARKSTON, whose address is 375 Depot Road, Clarkston, MI 48346-1418 (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" ("O.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:
I. 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 DISPATCI I SERVICE(S)" shall be defined to include: any emergency or
non-emergency telephone call or notice, of any kind, received by the 0.C.S.O., which
2007-2012 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY
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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, tire, 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.
2.7. "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).
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 ally 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.0,
and/or any COUNTY AGENT shall not be obligated to provide or assist the
MUNICIPALITY or any MUNICIPAL POLICE PERSONNEL with any other direct,
indirect, backup, or supplemental support or police or emergency-related service or
protection, of any kind or nature, or be obligated to send any COUNTY AGENT to respond,
in any way, to any call for 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
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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 for 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 DISPATCH 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
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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.0, 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 Nvi th in thirty (30) calendar days
of receiving the written notice or present a written plan to 0.C.5.0. 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 in this paragraph, the
0.C.S.O. may cancel and/or terminate the Agreement,
1 1 In consideration of the COUNTY'S promises and efforts under this Agreement, the
MUNICIPALITY shall pay the COUNTY $1,141.25 $380.42 per calendar month for the
first year of this Agreement: $1,175.50 $587.75 per calendar month for the second year of
this Agreement; $1,246.00 $623.00 per calendar month for the third year of this Agreement;
$1,283.50 $641.75 per calendar month for the fourth year of this Agreement; and $-1 ,3-22.00
$661.00 per calendar 111011111 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 be 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, ill 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
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11.1.
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 thr 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 ("DIRE") 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
minimum 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
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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 be 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 A6 (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 of any 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.
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1 5 . 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 or any 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 MUNICIPALITY or any
MUNICIPAL POLICE PERSONNEL.
17. 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 MUNICIPALITY 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
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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 ally
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 an 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 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 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.5.0. 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
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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.O. 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 0.C.S.O. or ally 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 hy 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 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 VILLAGE OF CLARKSTON
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 ally 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 VILLAGE OF CLARKSTON
Page 10
4.23.07
IN WITNESS WHEREOF, SHARRON CATALLO, Mayor, for the City of the Village of
Clarkston, 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 the
Village of Clarkston and hereby accepts and binds the MUNICIPALITY to the terms and
conditions of this Agreement on this day of „ 2007.
WITNESS: CITY OF THE VILLAGE OF CLARKSTON,
BY:
SHARRON CATALLO
Mayor
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 VILLAGE OF CLARKSTON
Page 11
4.23.07
Resolution #07124 May 10, 2007
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. 407124) May 24, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF'S OFFICE - POLICE DISPATCH SERVICES FOR THE CITY OF THE
VILLAGE OF CLARKSTON 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 the Village of Clarkston in the
attached contract are as follows::
12 months ending 3/31/2008 $18,260
3/31/2009 18,808
3/31/2010 19,936
3/31/2011 20,536
3/31/2012 21,152
2. The FY 2008/2009 County Executive Recommended Budget will be based on
the adopted resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE:
Ayes: Greimel, Zack, Douglas, Crawford, Long, Coulter, Rogers
Nays: Kowall, Middleton
Absent: Potter, Woodward
Resolution #07124 May 24, 2007
Moved by Middleton supported by Potter the resolution (with fiscal note attached) be adopted.
Moved by Middleton supported by Potter the Finance Committee Report be accepted.
A sufficient majority voted in favor, the report was accepted.
Moved by Middleton 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 the Village of Clarkson 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; $470.20 per calendar month for the second year of this
Agreement; $623.00 per calendar month for the third year of this Agreement;
$962.63 per calendar month for the fourth year of this Agreement; and $1,322.00 per
calendar month for the fifth year of this Agreement as follows:
Vote on amendment:
AYES: Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Suarez, Woodward, Bullard, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory. (21)
NAYS: Zack, Burns, Coleman, Coulter. (4)
A sufficient majority having voted in favor, the amendment carried.
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 Village of Clarkston as follows:
12 months ending 3/31/2008 $ 4,565
3/31/2009 7,053
3/31/2010 14,592
2. The FY 2008/2009 County Executive Recommended Budget will be based on the adopted
resolution.
Vote on amendment:
AYES: Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Suarez, Woodward, Bullard, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel. (21)
NAYS: Zack, Burns, Coleman, Coulter. (4)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez,
Woodward, Bullard, Burns, Coleman, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett. (23)
NAYS: Zack, Coulter. (2)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
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.
Ruth Johnson, County Clerk