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Resolutions - 2009.08.12 - 9694
August 12, 2009 REPORT MR # 09158 BY: Human Resources Committee, Sue Ann Douglas, Chairperson RE: SHERIFF'S OFFICE POLICE AND FIRE DISPATCH SERVICE FOR THE CITY OF WALLED LAKE SEPTEMBER 1, 2009 TO MARCH 31, 2012 TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #09158 on August 5, 2009 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE Human Resources Committee Vote: Motion carried unanimously on a roll call vote with Coleman, Middleton, Gingell and Hathett absent July 30, 2009 MISCELLANEOUS RESOLUT:ON 3'4 09158 BY: Public Services Committee. Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — POLICE AND FIRE DISPATCH SERVICE FOR THE CITY OF WALLED 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 and Cities for the purpose of providing Sheriff dispatch services; and WI .1EREAS for severai 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 Walled Lake has requested Police and Fire Dispatch services from the Oakland County Sheriff; and WHEREAS the City of Walled Lake has agreed to the attached contract which incorporates the current police and fire dispatch rates as established by the Oakland County Board of Commissioners: and WHEREAS Corporation Counsel 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 SHERIFFS OFFICE 2009-2012 POLICE AND FIRE DISPATCH SERVICES AGREEMENT WITH THE CITY OF WALLED LAKE BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE AND FIRE DISPATCH SERVICES AGREEMENT from The City of Walled 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 11' FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of the community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakiand 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 iT FURTHER RESOLVED that after all signatures have been obtained on the Agreement. as provided for above, the Oakland County Clerk shall file a copy of the final, executed 2009-2012 POLICE AND FIRE DISPATCH SERVICE AGREEMENT WITH THE CITY OF WALLED LAKE with the Secretary of State. BE IT FURTHER RESOLVED based upon the attached schedule A that two (2) new additional Dispatch Specialists be created in the Sheriff, SEPTC, Communications Unit, Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE Fbli:Eerv.t_ces Committee Vote: Xot.ion car.' undTiLmouE.4 on a roll oall vc:e wj.:h McG:11L7ray a=sen: a Resolution #09158 July 30, 2009 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. Schedule A 2009 Sheriff 's Office Dispatch Specialist Additional Patrol Contracts added in 2007/2008/2009 Municipality Number of Additional Contracts M.R. *07257 Rochester Hills 1 M.R. *08017 Lyon Township 1 M.R. #08064 Brandon Township 1 M.R. #09023 Lyon Township 2 Total 5 Charge per contract for Dispatch Services $4,984 Total revenue generated by additional Patrol contracts $24,920 Revenue balance from M.R. #07076 $6,351 M.R. #09xxx Wailed Lake Police and Fire $77,320 M.R. #09xxx Wolverine Lake Police $24,920 Cancellation of Groveland Fire ($22,416) Total Revenue Increase $111,095 Cost for one (1) additional Dispatch Specialist: Salary 1 year step $35,209 Fringes @ 56.3% 19,23 Sub-total $55,032 Operating costs 500 Total $55,532x2 $111,064 Balance $31 Walled Lake Dispatch Contract Period Fire Dispatch 9/01/09 to 3/31/2010 2009 800 cats $21.89 $17,512 4/01/2010 to 3/31/2011 2010 800 calls @ $22.55 $18,040 4/1/2011 to 3/31/2012 2011 800 calls © $23.23 $18,584 Police Dispatch Total cost per year Charge per month 12 FTE © $4,984 $59,808 $77,320 $6,443.33 12 FIE @ $5,134 $61,608 $79,648 $6,637.33 12 FTE @ $5,288 $63,456 $82,040 $6,836.67 POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE This Agreement is made and entered into between the COUNTY OF OAKLAND, a Miehigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac Michigan 48341 (hereafter the "COUNTY"), and the CITY of WALLED LAKE, a Michigan Constitutional and Municipal Corporation, located within Oakland County, whose address is 1499 e. West Maple Road, Walled Lake, Michigan 48390 (hereafter the "CITY"). In this Agreement, the COUNTY shad 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 and 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 "0.0.5.0." WITNESSETH WHEREAS, the CITY is authorized by law to provide police and fire protection service for residents of the CITY: and WHEREAS, in order to provide effective police and fire protection services for its residents, the CITY also must provide for CITY Police and Fire Department 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 and fire dispatch but, absent this Agreement, is not obligated to provide any "POLICE and/or FIRE DISPATCH SERVICES)', as defined in this Agreement, for the CITY; and WHEREAS, the COUNTY and the CITY may enter into a contract by which the 0.C.S.O. would provide POLICE and FIRE DISPATCH SERVICE(S) for the CITY; and WHEREAS, the CITY has concluded that ills more cost effective for the CITY to contract for POLICE and FIRE DISPATCH SERVICE(S) with the 0.C.S.O. than to equip and staff its own police and fire communicatiorrand dispatch center; and WHEREAS, the 0.C.S.0 agrees to provide POLICE and FiRE DISPATCH SERVICE(S) for the "CITY POLICE and FIRE PERSONNEL', 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 0.0.8 0. police communications functions, provide POLICE and FIRE DISPATCH SERVICE(S) to CITY POLICE and FIRE PERSONNEL for the CITY 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 CITY 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 0.0 S 0. or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any CITY FIRE PERSONNEL. b. "CITY 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 CITY either to provide, supply, support, administer. or direct any CITY police or law enforcement services and/or any persons acting by, through, under, or in concert with any of them: or any other CITY official, officer, employee or agent whose CITY job duties may include the receipt of any 0.C.S.O. POLICE DISPATCH SERVICE(S). c. "FIRE 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 CITY FIRE PERSONNEL to address, respond, or attend to any issue, event, or circumstance involving public health or safety, art accident or accidental injury, the protection of property, any emergency (including, but not limited to medical, fire, and/or health), which results in any 0.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any CITY FIRE PERSONNEL. d. "CITY FIRE 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 CITY either to provide, supply, support, administer, or direct any CITY fire or emergency related services and/or any persons acting by, through, under, or in concert with any of them; or any other CITY official, officer, employee or agent whose CITY job duties may include the receipt of any 0.C.S.O. FIRE DISPATCH SERVICE(S). e. "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, assigns, 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. f. "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 of any kind whatsoever 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. The CITY agrees that under the terms of this Agreement, except for the POLICE and FIRE DISPATCH SERVICE(S) expressly contracted for herein, the 0.C.S.O. and/or any COUNTY AGENT(S) shall not be obligated, in any other way, to provide or assist the CITY or any CITY POLICE and FIRE PERSONNEL with any other direct, indirect, backup, or supplemental support or 2009- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 2 police or fire or emergency-related 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 CITY POLICE and FIRE PERSONNEL services. 4. The CITY agrees that it shall, at al times and under all circumstances, remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty CITY POLICE and FIRE PERSONNEL to receive and respond to any 0.C.S.O. or designated COUNTY AGENT(S) POLICE and FIRE DISPATCH SERVICE(S) in a timely and professional manner 5. The CITY acknowledges that there may be circumstances when, despite all reasonable 0.0 S.O. or COUNTY AGENT(S) efforts, an 0.0 S.O. or COUNTY AGENT(S) attempt to communicate or provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNEL may be unsuccessful and, as a result, CITY POLICE and FIRE PERSONNEL'S timely response to a call for CITY POLICE and FIRE PERSONNEL assistance may not be forthcoming. In all such circumstances, the CITY 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 soiely liable and exclusively responsible for any and all CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S) as a result of any CITY POLICE am FIRE PERSONNEL'S alleged failure to respond in a timely manner to any call for CITY POLICE and FIRE PERSONNEL assistance. 6. The CITY 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 and FIRE DISPATCH SERVICE(S) to the CITY except that the COUNTY will make a reasonable effort to provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNJEL consistent with existing 0.C.S.O. communication and dispatching policies, procedures, orders, and standards. 7. The CITY agrees that under the terms of this Agreement the CITY shall be solely and exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease, operation, and/or use of any CITY POLICE and/or FIRE PERSONNEL radio or other communication equipment. and that the 0.C.S.O. shall not be obligated to provide any CITY POLICE and/or FIRE PERSONNEL with any radio or other communication equipment of any kind. Similarly, the COUNTY agrees that the CITY 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, or other communications equipment or property. 8. The CITY agrees teat 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 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 CITY agrees that it shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all CITY POLICE and FIRE PERSONNEL radios and/or other communication equipment will be properly set and adjusted to receive any POLICE and/or FIRE DISPATCH SERVICE(S) from the 0.C.S.O. and/or COUNTY AGENT(S) and otherwise maintained in ful, and proper working order; (b) all CITY POLICE and FIRE PERSONNEL will be adequately trained and wit i 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 CITY and all CITY POLICE am FIRE 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 CITY POLICE and FIRE PERSONNEL to receive POLICE and/or FIRE DISPATCH SERVICE(S) from the 0.C.S.0.; and (d) all CITY POLICE and FIRE 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 2009- POLICE AND ARE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 3 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 CITY 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 notice of the effective date of cancellation, and such cancellation of this Agreement shall be effect:ve 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 CITY Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and also shall be filed with the Office of the Clerk for the COUNTY and the CITY. 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. 12. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY agrees to pay to the COUNTY, SIX THOUSAND FOUR HUNDRED FORTY-THREE DOLLARS AND THIRTY- THREE CENTS (5 6,44333), payable in monthly installments as follows: a. The COUNTY shall send an invoice to the CITY on the first calendar day of each month for services rendered the previous month. The CITY shall have 30 days from the date of each invoice to make payment. For example, for services rendered in September of 2009, the COUNTY will bill the CITY on October 1, 2009 and the CITY shall pay the invoice within 30 days of the invoice date. b. All Monthly payments shall be due and payable by the CITY without any further notice or demand from the COUNTY. c. Each monthly payment shall be made by a check drawn on a CITY account and shall be mace 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 CITY intended the payment to apply. The CITY agrees that the COUNTY, in its discretion, may apply any monthly payment received from the CITY to any past due amount or monthly payment then due and owing to the COUNTY pursuant to this Agreement. e. For each successive year that this Agreement is in effect, the yearly payment amount shall be as follows: 2010-$79,648, 2011-582,040 per annum, said iricieciV erred:ye on April 1, 2010 and April 1,2011, respectively. 13 Should the CITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the CITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Mlchigan (or any other State of Michigan official authorized to disburse funds to the CITY), the State of Michigan is authorized to withhold any funds due the CITY from the state. and assign those funds to partially or completely offset any deficiency by the CITY to the COUNTY. Such funds shall be paid directly to the COUNTY. Further, the CITY waives any claims against the State or COUNTY, or their respective officials, for any such amounts paid to the County. Should the CITY 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 CITY from Delinquent Tax Revolving Fund ("DTRF) or any other source of funds due the CITY in the possession of the COUNTY, to partially or completely offset any deficiency by the CITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the CITY to the COUNTY. Further, the CITY waives any claims against the COUNTY, or its officials, for any such amounts paid to the 2009- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 4 COUNTY. Nothing in this paragraph shall operate to limit in any way the COUNTY'S right to pursue any other legal remedies against the CITY 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 CITY becomes delinquent in its payments. 14. The CITY 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 CITY 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. a. Commercial General Liability. Occurrence Form, in the minimum amount of $3,000.000 each occurrence, including the foilowing mandatory coverage(s): 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 Contractual and Employee exclusions deleted b. Workers Compensation Insurance as required by the laws of the State of Michigan wig' Employer Liability Coverage in the minimum amount of $500,000 each accident, disease each employee and policy limit; c. Commercial Automobile in the minimum amount o' $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 CITY 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, whichever is later; e. All insurance policies shall be endorsed to include the required coverage(s), and the following provisions or clauses, as applicable: Any coverage afforded the CITY 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 oy. and be at the sole risk of the CITY; iii. All policies, with the exception 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. Ail policies shall be endorsed to include a blanket waiver of subrogation nanrrng the COUNTY; 2009- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 5 v. All insurance policies shall be issued by companies licensed and approved to do business in the State of Michigan and shall posess and maintain a minimum A.M. Best rating of AA/II 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-renewal or material changes and must be provided no less than ten (10) working days before the commencement date of this Agreement, to the COUNTY'S Risk Management Division, 2100 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328; 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 reouirements of this Agreement. viii. The COUNTY'S Risk Management Division reserves the right to amend or waive any insurance requirements required in this Agreement. 15. The CITY agrees that the COUNTY and/or any COUNTY AGENT(S) shall be legally subrogated to any rights to recover or any benefits the CITY 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(S) whole for any CLAIM(S). The CITY agrees to Coops at 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 CITY 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 CITY and/or any CITY POLICE and/or FIRE PERSONNEL, including, but not limited to: a. Any and all alleged breach of any legal duty to any person by the CITY or any CITY POLICE and/or FIRE PERSONNEL; b. Any and all alleged CITY or CITY POLICE and/or FIRE PERSONNEL'S negligent or erroneous response to, or failure to respond to, any communication or POLICE and/or FIRE DISPATCH SERVICE(S) 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 for fire or emergency related services due to any alleged negligence by the CITY; d. Any and ail alleged failures by the CITY or any CITY POLICE and/or FIRE PERSONNEL to receive any transmitted POLICE and/or FIRE DISPATCH SERVICE(S); e. Any and all alleged injuries or losses to the CITY and/or any CITY POLICE and/or FIRE PERSONNEL arising out of any POLICE and/or FIRE DISPATCH SERVICE(S) provided under this Agreement; f. Any and all alleged failures by the CITY or any CITY POLICE and/or FIRE PERSONNEL to comply with any duty or obligation in this Agreement: and/or g. Any and all other alieged or actual CLAIM(S) based, in any way, upon any CITY or CITY POLICE and/or FIRE PERSONNEL services, equipment, or any other event, occurrence, duty. or obligation related or attendant thereto. The CITY, 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 2009- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 6 either solely negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY POLICE and FIRE 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 CITY and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S) loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent Mat any CITY promise to indemnify, pay and riold harmless the COUNTY and/or any COUNTY AGENT(S) as set forth in this Agreement may become unenforceable or uncollectible, the CITY shal! contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S). 18. The CITY agrees that all CITY 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 CLAIM(S), either occurring or having their basis in any events or transactions that occurred before the canceilation 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 CITY 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 CITY 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 CITY shall be that of an Independent Contractor. The parties also agree that no CITY POLICE and FIRE PERSONNEL or any other CITY 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 CITY and the COUNTY agree that, at all times and for all purposes relevant to this Agreement, the CITY and the 0.C.S,O. shall each remain the sole and exclusive employer of each of their respective employees. The CITY and the COUNTY each agree to remain solely and exclusively responsible for the payment of each of their respectve 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 CITY POLICE and/or FIRE PERSONNEL or any other CITY 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 0.0 S.0 employment and/or union contract(s), any level(s) or amount(s) of supervision, any standard(s) of performance, any sequence or manner of perforr lance, and/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 ana exclusively, govern and control the employment relationship between the 0.C.S.O. and/or all conduct and actions of any COUNTY AGENT(S). 2909- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 7 23. The CITY agrees that neither the CITY nor any CITY POLICE and FIRE 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. 24. The CITY agrees that it shall promptly deliver to the 0.C.S.O. written notice and copies of any CLAIM(S), complaint(s), charge(s) or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in natsre, that the CITY becomes aware of wnich involves, in any way, the 0.C.S.O. or any COUNTY AGENT(S). The CITY agrees to cooperate with the 0.C.S.O. in any investigation conducted by the SHERIFF of any act(s) or performance of any duties by any COUNTY AGENT(S). 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 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. 26. This Agreement is made and entered into in the State of Michigan arid shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement is intended to and, in all cases, shall be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, possessive or non-possessive, shall be deemed to include the other whenever the context so suggests or requires. 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. 28. The COUNTY and the CITY 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 CITY acknowledges that it has reviewed all of its current or propubee t.ulltIdCtS, including any and all labor or union contracts with any CITY POLICE OR FIRE PERSONNEL. and hereby warrants that the CITY 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 CITY and any CITY POLICt OR elieL PLHSONNEL, or any other person from complying with the CITY 'S obligations and duties as set forth in this Agreement and/or the CITY POLICE OR FIRE DISPATCH SERVICES as described herein. The CITY further agrees that the CITY '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 CITY and any of its bargaining units or other labor organizations as a result of CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. The term labor dispute shall include, but not be limited to, unfair labor practices, actions for breach of contract. or any other labor dispute d iii iy Clb GI I US urt of CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. 31. This Agreement, consisting of nine (9) pages, sets forth the entire contract and understanding between the COUNTY and the CITY 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 unoeistood and agreed that the terms of this Agreement are contractual and are not a mere recital and that tnere are no other contracts, understandings, or representations between the COUNTY and the CITY in any way related MS- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 8 to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changeo or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council in accordance with the procedures set forth herein. 32. For and in consideration of the mutual promises, acknowledgments, reoresentations. and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of 2009- POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE Page 9 which is hereby acknowledged, the COUNTY and the CITY hereby agree and promise to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, WILLIAM T. ROBERTS, Mayor, for the CITY OF WIXOM. hereby acknowledges that he has been authorized by a resolution of the VV1X0M City Council (a certified copy of which s attached) to execute this Agreement on behalf of THE CITY OF WIXOM and hereby accepts and binds the CITY OF WIXOM to the terms and conditions of this Agreement on this day of 2009. WITNESSES: CITY OF WALLED LAKE, a Michigan Municipal Corporation BY: WILIAM T. ROBERTS Mayor BY: CATHERINE BUCK 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 Resolution *09158 July 30, 2009 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC. *09158) August 12, 2009 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — POLICE AND FIRE DISPATCH SERVICE FOR THE CITY OF WALLED 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 Walled 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 Walled Lake has requested to enter into a 31 month contract agreement with the Sheriffs Office for fire and police dispatch services to begin September 1, 2009 through March 31, 2012. 3. This resolution creates two (2) additional Dispatch Specialist positions due to additional workload for the City of Walled Lake and the City of Wolverine Lake. 4. The contract rates are established for the period of April 1 thru March 31 and the annual rate is $77320 for 2009, $79,648 for 2010, and $82,040 for 2011. 5. Budget estimates based on fiscal years ending September 30 are $6,443 for FY 2009, $78,484 for FY 2010, $80,844 for FY 2011 and $82,040 for FY 2012. 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 4030501-116230-630539-40500 Dispatch Rev. $6,443 $78,484 $80,844 $82,040 Total Revenues $6,443 $78,484 $80,844 $82,040 Expenditures 4030501-116230-702010 4030501-116230-722740 4030501-116230-712020 4030501-116230-750581 Salaries $ 5.868 Fringe Benefits 3,304 Overtime (2,812) Uniforms 83 Total Expenditures $ 6,443 $70,418 $70,418 $70,418 40,490 40,490 40,490 (33,424) ( 31,064) (29,868) 1,000 1,000 1,000 $78,484 $80.844 $82,040 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell, Greirnel, Long and Woodward absent. I HEREBY APPROVE THE FOREG Resolution #09158 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, Gingell, Gosselin, Greimei, 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) 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 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. Gat Ruth Johnson, County Clerk