HomeMy WebLinkAboutResolutions - 2009.08.12 - 9693July 30.2009
MISCELLANEOUS RESOLUTION 4 09157
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE — POLICE DISPATCH SERVICE FOR THE CITY OF
WOLVERINE LAKE SEPTEMBER 1,2009 TO MARCH 31, 2012
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 Sheriffs
Office to enter into contracts with Townships,. Villages an 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 several Cities and Townships for police and fire dispatch services; and
WHEREAS the City of Wolverine Lake has requested Police Dispatch Services from the Oakland
County Sheriff; and
WHEREAS the City of Wolverine Lake has agreed to the attached contract which incorporates the
current police dispatch rates as established by the Oakland County Board of Commissioners: and
WHEREAS Corporation Counse has reviewed the attached contract and is in agreement.
NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners
hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions
contained in each of the following Agreements:
OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE DISPATCH SERVICES AGREEMENT
WITH THE CITY OF WOLVERINE LAKE
BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S
OFFICE 2009-2012 POLICE DISPATCH SERVICES AGREEMENT from The City of Wolverine Lake
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 Ft 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 C1erk shall notify
the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the
above Agreement is ready for their signatures which the Clerk shall witness.
BE T FURTHER RESOLVED that after all signatures nave been obtained on the Agreement, as
provided for above, the Oakland County Clerk shall file a copy of the final, executed 2009-2012 POLICE
DISPATCH SERVICE AGREEMENT WITH THE CITY OF WOLVERINE LAKE with the Secretary of
State.
Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public 59_i-v--,;es ammittee Voce:
Mctl.on
cc-rd ananLmodsly on a roil call vv:e with McGiLlLvray absent
Resolution #09157 July 30, 2009
The Chairperson referred the resolution to the Finance Committee, There were no objections.
$24.920 $25,670 $26,440
Wolverine Lake
Police Dispatch 5 FTE Cr, $4.984 5 FTE @ $5,134 5 FTE @ $5,288
Total post per year $24,920 $25670 $26,440
Charge per month $2,075.67 $2,139.17 $2,203.33
POLICE DISPATCH SERVICE AGREEMENT
BETWEEN THE COUNTY OF OAKLAND
AND
THE VILLAGE OF WOLVERINE LAKE
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 (hereafter the "COUNTY"), and the Village of Wolverine Lake. a Michigan Constitutional and Municipal
Corporation, located within Oakland County, whose address is 425 Glengary Road, Wolverine Lake,
Michigan, 48390 (hereafter the "VILLAGE"). In this Agreement, the COUNTY shall also be represented by
the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional
Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY arid the SHERIFF are intended to be referred to jointly, they shall
collectively be referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE' or, as abbreviated, the
VVITNESSETH
WHEREAS, the VILLAGE is authorized by law to provide police protection for residents of the
VILLAGE: and
WHEREAS, in order to provide effective police protection for its residents, the VILLAGE also must
provide for VILLAGE Police and communication and dispatch functions; and
WHEREAS, the OAKLAND COUNTY SHERIFF'S OFFICE (0.C.S.0.) now provides police
communication and dispatch functions and has the capability to provide police dispatch services but, absent
this Agreement. is not obligated to provide any "POLICE DISPATCH SERVICE(S)", as defined in this
Agreement, for the VILLAGE; and
WHEREAS, the COUNTY and the VILLAGE may enter into a contract by which the 0.C.S.O. would
provide POLICE DISPATCH SERVICE(S) for the VILLAGE; and
WHEREAS, the VILLAGE has concluded that it is more cost effective for the VILLAGE to contract for
POLICE DISPATCH SERVICE(S) 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(S) for the "VILLAGE
POLICE", as defined in this Agreement, under the following terms and conditions:
NOW, THEREFORE, in consideration of these premises, and the following promises,
representations, and acknowledgments, 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 SERV10E(S) to
VILLAGE POLICE.
2. For all purposes and as used throughout this Agreement, the words and expressions listed below,
whether used in the singular or plural, within or without quotation marks, or possessive or
nonpossessive, shall be defined, read, and interpreted as follows:
a. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non-
emergency telephone call or notice, of any kind, received by the 0.C.S O., which 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
POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
VILLAGE 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, ana/cr civil infractions), which results in any
0.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio
communication to any VILLAGE FIRE PERSONNEL.
'VILLAGE 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 VILLAGE either to provide, supply, support,
administer, or direct any VILLAGE police or law enforcement services and/or any persons
acting by, through, under, or in concert with any of them; or any other VILLAGE official,
officer, employee or agent whose VILLAGE job duties may include the receipt of any
0.0.3.0. POLICE DISPATCH SERVICE(S).
c. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed
officials, commissioners, officers, boards, committees, commissions ; departments, divisions,
volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES),
agents, representatives contractors. predecessors. successors, assgns, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and any and all persons acting by, through, under, or in concert with any of them.
COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a
COUNTY AGENT(S) 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
d. "CLAIM(S)'' shall be defined to include any and all losses, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and
costs and expenses, including, but not limited to, any reimbursement for reasonable attorney
fees, witness fees. court costs, investigation and/or litigation expenses, any amounts paid in
settlement, or any other amount for which the COUNTY or any COUNTY AGENT(S)
becomes legally and/or contractually obligated to pay, or any other liabilities ot any kind
whatsoever wnether 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. Tne VILLAGE agrees that under the terms of this Agreement, except for the POLICE DISPATCH
SERVICE(S) expressly contracted for herein, the 0.C.S.O. and/or any COUNTY AGENT(S) shalt not
be obligated; in any other way, to provide or assist the VILLAGE or any VILLAGE POLICE well any
other direct, indirect, backup, or supplemental support or police or fire or emergency-relateo service
or protection, of any kind or nature whatsoever, or required to send any COUNTY AGENT(S) to
respond, in any way, to any call for VILLAGE POLICE services.
4. The VILLAGE agrees that it shall, at all times and under all circumstances, remain solely and
exclusively responsible for all costs and/or liabilities associated with providing available on-duty
VILLAGE POLICE to receive and respond to any 0.C.S.O. or designated COUNTY AGENT(S)
POLICE DISPATCH SERVICE(S) in a timely and professional manner.
5. The VILLAGE acknowledges that there may be circumstances when, despite all reasonable 0.C.S.O.
or COUNTY AGENT(S) efforts, an 0.C.S.O. or COUNTY AGENT(S) attempt to communicate or
provide POLICE DISPATCH SERVICE(S) for VILLAGE POLICE PERSONNEL may be unsuccessful
and. as a result, VILLAGE POLICE'S timely response to a call for VILLAGE POLICE PERSONNEL
assistance may not be forthcoming. In all such circumstances, the VILLAGE agrees to indemnify and
hold harmless the COUNTY and/or any COUNTY AGENT(S) from any and all resulting CLAIM(S)
and that it shall be solely liable and exclusively responsible for any and all CLAIM(S) against the
POLICE DISPATCH SERVICE(5) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
COUNTY and/or any COUNTY AGENT(S) as a result of any VILLAGE POLICE'S alleged failure to
respond in a time)/ manner to any call for VILLAGE POLICE PERSONNEL assistance.
6. The VILLAGE agrees that this Agreement does not, and is not intended to, include any 0.C.S.O.
warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision of
POLICE DISPATCH SERVICE(S) to the VILLAGE except that the COUNTY will make a reasonable
effort to provide POLICE DISPATCH SERVICE(S) for VILLAGE POLICE PERSONNEL consistent
with existing 0.C.S.O. communication and dispatching policies, procedures. orders, and standards.
7. The VILLAGE agrees that under the terms of this Agreement the VILLAGE shall be solely and
exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease,
operation, and/or use of any VILLAGE POLICE PERSONNEL radio or other communication
equipment, and that the 0.C.S.O. shall not be obligated to provide any VILLAGE POLICE
PERSONNEL with any radio or other communication equipment of any kind. Similarly, the COUNTY
agrees that the VILLAGE 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, or other
communications equipment or property.
8. The VILLAGE agrees that this Agreement does not, and is not intended to, obligate or require the
0.0.5.0. to change, alter, modify, or develop any different dispatch related codes, policies, practices
or procedures; 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
judgment and discretion, believes to be in its best interest.
9. The VILLAGE agrees that it shall be solely and exclusively responsible, during the term of this
Agreement, for guaranteeing that; (a) all VILLAGE POLICE PERSONNEL radios and/or other
communication equipment will be properly set and adjusted to receive any POLICE DISPATCH
SERVICE(S) from the 0.0.5.0. and/or COUNTY AGENT(S) and otherwise maintained in full and
proper working order; (b) all VILLAGE POLICE PERSONNEL will be adequately trained and will
comply with all applicable 0.C.S.O. communications codes, practices, policies and procedures, as
well as any applicable state or federal (FCC) communication requirements; (c) the VILLAGE and all
VILLAGE POLICE PERSONNEL shall, at all times, promptly and properly notify the designated
COUNTY AGENT(S) of any on-duty or off-duty status and/or availability or unavailability of VILLAGE
POLICE PERSONNEL to receive POLICE DISPATCH SERVICE(S) from the 0.C.S.0.; and (d) all
VILLAGE POLICE PERSONNEL radio and communication equipment, policies, practices and
procedures shall conform to those of the 0.C.S.O. as they now exist or may be changed in the future.
10. Subject to the following Paragraph. and unless canceled as provided for in this Paragraph, this
Agreement shall become effective on September 1, 2009, 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. Either the COUNTY, the SHERIFF, or the VILLAGE may cancel this Agreement, 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 of this Agreement to the other signatories
to this Agreement, or their successors in office. Such written notice shall provide at least a ninety
(90) calendar day rotice 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.
11. 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 VILLAGE Council. The
approval and terms of this Agreement shall be entered into the official minutes and proceedings of
the COUNTY Board of Commissioners and VILLAGE Council and also shall be filed with the Office of
the Clerk for the COUNTY and the VILLAGE. In addition, this Agreement, and any subsequent
amendments, shall be filed by a designated COUNTY AGENT(S) 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.
POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
12. In consideration of the COUNTY'S promises and efforts under this Agreement. the VILLAGE agrees
to pay to tae COUNTY FOURTEEN THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS AND
SIXTY-NINE CENTS ($14,536.69) for the period of September 1, 2009 through March 31, 2010,
TWENTY FIVE THOUSAND SIX HUNDRED AND SEVENTY ($25,670) for the period of April 1,
2010 through March 31, 2011 and TWENTY SIX THOUSAND FOUR HUNDRED AND FORTY
($26,440) for the period of April 1,2011 through March 31, 2012. Said sums shall be paid in monthly
instalments of $2,076.67 for the months of September 1, 2009 through March 31, 2010 $2,139.17
for the months of April 1, 2010 through March 31, 2011, and $2.203.33 for the months of April
2011 through March 31, 2012. Payments shall be made as follows:
a. The COUNTY shall send an invoice to the VILLAGE on the first calendar day of each month
for services rendered the previous month. The VILLAGE shall have 30 days from the date of
eacn invoice to make payment. For example, for services rendered in July of 2010, the
COUNTY will bill the VILLAGE on August 1, 2010 and the VILLAGE shall pay the invoice
within 30 days of the invoice date.
b. Ail Monthly payments shag be due and payable by the VILLAGE without any further notice or
demand from the COUNTY,
c. Each monthly payment shall be made by a check drawn on a VILLAGE account and shall be
made payable to the County of Oakland and delivered to the attention of: Andy Meisner,
Oakland County Treasurer, 1200 N. Telegraph Road. Pontiac, MI 48341-0479 (or such other
person as the COUNTY may from time to time designate in writing).
d. Each such payment shall clearly identify that it is a monthly payment being made pursuant to
this Agreement and identify the calendar month for which the VILLAGE intended the payment
to apply. The VILLAGE agrees that the COUNTY, in its discretion, may apply any monthly
payment received from the VILLAGE to any past due amount or monthly payment then due
and owing to the COUNTY pursuant to this Agreement.
13. Should the VILLAGE fail, for any reason, to timely pay the County the amounts required under this
Agreement, the VILLAGE 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 VILLAGE), the State of Michigan is authorized to withhold any funds due the VILLAGE
from the state, and assign those funds to partially or completely offset any deficiency by the VILLAGE
to the COUNTY. Such funds shall be paid directly to the COUNTY. Further, the VILLAGE waves
any claims against the State or COUNTY, or their respective officials, for any such amounts paid to
the County. Should the VILLAGE 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 VILLAGE from Delinquent Tax Revolving Fund ("DTIRF") or any other source of funds due the
VILLAGE in the possession of the COUNTY, to partially or completely offset any deficiency by tne
VILLAGE, unless expressly prohibited by law. Such a transfer shall be considered an assignment by
the VILLAGE to the COUNTY. Further, the VILLAGE waives any claims against the COUNTY, or its
officials, for any such amounts paid to the COUNTY. Nothing in this paragraph shall operate to limit
in any way the COUNTY'S right to pursue any other legal remedies against the VILLAGE 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 VILLAGE becomes
delinquent in its payments.
14. The VILLAGE agrees, at its sole cost and expense, to purchase and maintain the following insurance
coverage(s), in the minimum coverage amounts indicated, for the entire duration of this Agreement
and to provide the COUNTY with Certificates of Insurance, The VILLAGE acknowledges that all
insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the
approval of the COUNTY Risk Management Division_
POLICE DISPATCH SERVICE(S} AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
a Commercial General Liability, Occurrence Form, in the minimum amount of $3,000,000 each
occurrence, including the following mandatory coverage(s)-
i. Products and-completed-operations;
Broad Form Property damage;
Premises/Operations;
iv. (Blanket) Broad Form Contractual (including liability assumed under this contract)
v. Independent Contractors;
vi Personal Injury with Contractuai Employee exclusions deleted;
b. Workers Compensation Insurance as required by the laws of the State of Michigan with
Employer Liability Coverage in the minimum amount of $500,000.00 each accident, disease,
each employee and policy limit;
c. Commercial Automobile in the minimum amount of $1,000,000 each occurrence covering
liability or property damage arising out of the use of any owned, hired, non-owned or leased
vehicles and shall include mandatory Michigan No-Fault coverages:
d. Professional Liability (Errors and Omissions), including Law Enforcement Professional
Liability in the minimum amount of $1,000,000 each claim. The VILLAGE agrees to continue
or secure any 'claims made' extended reporting period(s) for a minimum of three (3) years
following the expiration or termination of this Agreement or for the statute of limitations for
bringing any claim in the State of Michigan, which ever is later;
All insurance policies shall be endorsed to include the required coverage(s), and the following
provisions or clauses, as applicable;
Any coverage afforded the VILLAGE shall apply as primary, non-contributory or
excess to any insurance or self-insurance carried or retained by the COUNTY.
Any and all deductibles or self-insured retentions shall be assumed by, and at the
sole risk of the VILLAGE;
iii. All policies, with the except on of Worker's Compensation, shall be endorsed to
name as Additional insured(s) the COUNTY OF OAKLAND, the SHERIFF, and any
and all COUNTY AGENT(S) as defined in this Agreement:
iv. All policies shall be endorsed to include a blanket waiver of subrogation naming the
COUNTY.
v. All insurance policies shall be issued by companies licensed and approved to do
business in the State of Michigan and shall possess and maintain a minimum A>M>
Best rating of A:VlIl or be a Municipal Pool licensed in the State of Michigan.
vi. All Certificates of Insurance are to provide thirty (30) days written notice of
cancellation, non-renewable or material changes and must be provided no less than
ten (10) working days before the with riencement-date-of this Agreement, to the
COUNTY'S Risk Management Division, 2100 Pontiac Lake Road, BLDG 41 W,
Waterford, MI 48328.
POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
vii. All insurance carriers, coverage, and policy limits are subject to the approval of the
COUNTY'S Risk Management Division as to conformity with the requirements of this
Agreement.
vii!.. The COUNTY'S Risk Management Division reserves the right to amend or waive any
insurance requirements required in this Agreement.
15. The VILLAGE agrees that the COUNTY and/or any COUNTY AGENT(S) shall be legaly subrogated
to any rights to recover or any benefits the VILLAGE may have in any insurance pohcy 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(S) whole for any CLAIM(S). The VILLAGE agrees to cooperate and
perform any act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT(S),
16. Except as otherwise provided in this Paragraph, the VILLAGE agrees to indemnify and hold harmless
the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) (as defined in
this Agreement) which are imposed upon, incurred by, or asserted against the COUNTY and/or any
COUNTY AGENT(S) by any person and which are based upon, result from, arise from, or are in any
way related to any alleged error, injury, mistake, negligent or intentional act(s) or omission(s) by the
VILLAGE and/or any VILLAGE POLICE PERSONNEL. including, but not limited to:
a Any and all alleged breach of any legal duty to any person by the VILLAGE or any VILLAGE
POLICE PERSONNEL;
b. Any and all alleged VILLAGE or VILLAGE 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(S);
c. Any and all alleged failures by the COUNTY and/or any COUNTY AGENT(S) to receive in a
timely manner any telephone call police or emergency related services due to any alleged
negligence by the VILLAGE;
d. Any and all alleged failures by the VILLAGE or any VILLAGE POLICE PERSONNEL to
receive any transmitted POLICE DISPATCH SERVICE);
e. Any and all alleged injuries or losses to the VILLAGE and/or any VILLAGE POLICE
PERSONNEL arising out of any POLICE DISPATCH SERVICE(S) provided under this
Agreement:
f. Any and all alleged failures by the VILLAGE or any VILLAGE POLICE PERSONNEL to
comply with any duty or obligation in this Agreement; and/or
g. Any and all other alleged or actual CLAIM(S) based, in any way, upon any VILLAGE or
VILLAGE POLICE PERSONNEL services, equipment, or any other event, occurrence duty,
or obligation related or attendant thereto.
The VILLAGE, 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(S) was
either solely neg!igent or solely at fault for any speclic dollar amount of damages or loss to any
person other than the VILLAGE or any VILLAGE 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 VILLAGE and
applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S) loss whetner or
not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the
extent that any VILLAGE promise to indemnify, pay and hold harmless the COUNTY and/or any
POUCE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
COUNTY AGENT(S) as set forth in this Agreement may become unenforceable or uncollectible, the
VILLAGE shall contribute the maximum portion that it is permitted to pay and satisfy under applicable
aw toward the payment and satisfaction of any CLAIM(S) against the COUNTY anCler any COUNTY
AGENT(S)
18. The VILLAGE agrees that all VILLAGE 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,
tansactions, or CLAIM(S), 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.
19. Except as expressly provided herein, this Agreement does not, and is not intended to create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be
indemnified, or any other right of any kind, in favor of any person or organization, or any right to be
contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right
provided under the terms of this Agreement.
20. The VILLAGE and the COUNTY agree that neither the COUNTY nor any COUNTY AGENT(S), by
virtue of this Agreement or otherwise, shall be considered or asserted to be employees of the
VILLAGE and further agree that, at all times and for all purposes under the terms of this Agreement,
the COUNTY and/or any COUNTY AGENT(S) legal status and relationship to the VILLAGE shall be
that of an Independent Contractor. The parties also agree that no VILLAGE POLICE PERSONNEL
or any other VILLAGE employee shall, by virtue of this Agreement or otherwise, be considered or
asserted to be an employee, agent, or working under the supervision and control of the COUNTY
and/or any COUNTY AGENT(S).
21. The VILLAGE and the COUNTY agree that. at all times and for all purposes relevant to this
Agreement, the VILLAGE and the 0.C.S.O. shall each remain the sole and exclusive employer of
each of their respective employees. The VILLAGE 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 or 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(s) and benefits.
employment taxes, or any other statutory or contractual right or benefit based, in any way, upon
employment of any COUNTY AGENT(S) or any VILLAGE POLICE PERSONNEL or any other
VILLAGE employee.
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(s) or condition(s) of employment of any
COUNTY AGENT(S), any applicable 0.C.S.O. employment and/or union contract(s), any level(s) or
amount(s) of supervision, any standard(s) of performance, any sequence or manner of performance,
anc/or any 0.C.S.O. rule(s), regulation(s), training and education standard(s), hours of work, shift
assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), 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(S).
23. The VILLAGE agrees that neither the VILLAGE nor any VILLAGE POLICE PERSONNEL shall
provide, furnish or assign any COUNTY AGENT(S) 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(S) in the performance of any COUNTY or COUNTY AGENT(S) duty or obligation
under the terms of this Agreement.
POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1 2009 THROUGH MARCH 31, 2012
24. The VILLAGE agrees that it shall promptly deliver to the O.C.S.O. written notice and copies of any
CLAIM(S), complaint(s), charge(s), or any other accusation(s) or aliegation(s) of negligence or other
wrongdoing, whether civil or criminal in nature, that the VILLAGE becomes aware of which involves,
in any way, the 0.C.S.O. or any COUNTY AGENTS). The VILLAGE agrees to cooperate with the
O.C.S 0 in any investigation conducted by the SHERIFF of any act(s) or performance of any duties
by any COUNTY AGENTS).
25. 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 snown in this
Agreement. Any written notice required or permitted under this Agreement shall De considered
delivered to a party as of the date that such notice is deposited. with sufficient postage, with the U.S.
Postal Service.
26, 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 deemeo to include the other
whenever the context so suggests or requires.
27. 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.
23. The COUNTY and the VILLAGE acknowledge that this Agreement shall be binding upon each of
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.
29. The VILLAGE acknowledges that it has reviewed all of its current or proposed contracts, including
any and all labor or union contracts with any VILLAGE POLICE PERSONNEL, and hereby wa7rants
that the VILLAGE does not have and will not have at any time during the term of this Agreement, any
other contractual agreements that will in any manner restrict, interfere with, or prohibit the VILLAGE
ana any VILLAGE POLICE PERSONNEL, or any other person from complying with the VILLAGES
obligations and duties as set forth in this Agreement and/or the VILLAGE POLICE DISPATCH
SERVICES as described herein. The VILLAGE further agrees that the VILLAGE'S obligation to
indemnify the COUNTY and/or any COUNTY AGENT(S), and that the provisions of Paragraphs 14.
15, and 16 of this Agreement, will apply if the COUNTY and/or COUNTY AGENT(S) are brought into
any labor dispute between the VILLAGE and any of its bargaining units or other labor organizations
as a result of VILLAGE POLICE DISPATCH SERVICES being provided to the VILLAGE. The term
labor dispute shall include, but not be limited to, unfair labor practices, actions for breach of contract,
or any other labor dispute arising as a result of VILLAGE POLICE DISPATCH SERVICES being
provided to the VILLAGE.
30. This Agreement, consisting of eight (6) pages, sets forth the entire contract and understanding between
the COUNTY and the VILLAGE and fully supersedes any and all prior contracts, agreements or over any
actual or apparent conflict with any term or condition in such a lease. It is further understood and agreed
that the terns 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 VILLAGE 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 VILLAGE Council in accordance with the procedures set forth herein.
POLICE DISPATCH SERVICES) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
31 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 VILLAGE hereby agree and promise to be bound
by the terms and provisions of this Agreement.
IN WITNESS WHEREOF, John Magee, Council President for the VILLAGE OF WOLVERINE LAKE,
hereby acknowledges that he has been authorized by a resolution of the Village Council (a certified copy of which
is attached) to execute this Agreement on behalf of THE VILLAGE OF WOLVERINE LAKE and hereby accepts
and binds the VILLAGE OF WOLVERINE LAKE to the terms and conditions of this Agreement on this
day of 2009.
WITNESSES: VILLAGE OF WOLVERINE,
a Michigan Municipal Corporation
BY:
John Magee
President, Vilage Council
BY:
Daniel L. Luick
Clerk
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 , 2009.
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 , 2009.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
Michael J. Bouchard
Oakland County Sheriff
POLICE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND
THE VILLAGE OF WOLVERINE LAKE
SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012
Resolution #09157 July 30, 2009
The Chairperson referred the resolution to the Finance Committee, There were no objections.
FISCAL NOTE (MISC. #09157) August 12. 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — POLICE DISPATCH SERVICE FOR THE CITY OF WOLVERINE LAKE -
SEPTEMBER 1, 2009 THROUGH MARCH 31, 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 referenced resolution and
finds:
1. The City of Wolverine Lake has requested to enter into contract with the Sheriff's Office per
established policy by the Oakland County Board of Commissioners permitting entering into contract
with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services.
2. The City of VVoIverine Lake has requested to enter into a 31 month contract agreement with the
Sheriffs Office for police dispatch services to begin September 1, 2009 through March 31, 2012.
3 The contract rates are established for the period of April 1 thru March 31 and the annual rate is
$24,920 for 2009, $25,670 for 2010, and $26,440 for 2011.
4. Budget estimates based on fiscal years ending September 30 are $2,077 for FY 2009, $25,295 for
FY 2010, $26,055 for FY 2011 and $26,440 for FY 2012.
5. Revenue generated from this contract will offset Overtime in the Sheriffs Communications Unit to
cover the increased workload.
6. A budget amendment is recommended to the FY 2009 Budget for one month of costs and to the FY
2010 — FY 2012 County Executive Recommended for annual costs as follows:
GENERAL FUND (#10100)
Revenue FY 2009 FY 2010 FY 2011 FY 2012
4030501-116230-630539-40610 Dispatch Rev. $2,077 $26,295 $26,055 $26,440
Total Revenues $2,077 $25,295 $26,055 $26,440
Expenditures
4030501-116230-712020 Overtime $2,077 $25,295 $26,055 $26,440
Total Expenditures $2,077 $25,295 $26,055 $26,440
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gingell, Greimel, Long and Woodward absent.
I HEREBY MOVE THE FOREGOING_ RESOLUTION
Resolution #09157 August 12, 2009
Moved by Middleton supported by Schwartz the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Douglas. Gershenson, Gingen, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter. Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 August 12,
2009, 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 12th day of August, 2009.
Gait
Ruth Johnson, County Clerk
