HomeMy WebLinkAboutResolutions - 2010.12.09 - 10038December 9, 2010
REPORT MR # 10295
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: SHERIFF'S OFFICE —CONTRACT FOR LAW ENFORCEMENT SERVICES
IN THE CITY OF PONTIAC
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #10295 on December 1,
2010 reports with the recommendation the resolution be adopted with the attached
substituted contract.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE
j„, AC,1 1127
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried on a roll call vote
Douglas, Middleton, Gosselin and Gingell — yes
Coleman, Hatchett and Jackson - no
Capello - absent
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Zack absent
November 3, 2010
MISCELLANEOUS RESOLUTION i10295
BY: JIM RUNESTAD, VICE CHAIRMAN, PUBLIC SERVICES COMMITTEE
IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE
CITY OF PONTIAC
To the U loroo Co -antv Soard oi 17cmmissioners
Ladie:J and (..-1entLeiron:
17,1_:_av of oe:2.akland County 5::o
Ce)mm.1sLder ooi the 3hor1ff 1 .,5 :epal-fmcnt to ,,,nter Into
Villade5 eihd for tic poirpose of
anci
the 2.o.a of C.J7rniinE.,E3 rev -Iewing the
oou Law..Lf(Jrcu:7_et services rate .,1, icr tne peric :1'11
to :eoember 31, 2C11; eLd
City of :?ontiac, :.hfcc,gh tf..3 Lnicrgony FOn,anial
boo toot the Oakic-md Co=ify r4Liit± provide patro'L
.eervices f .hr: (iti,-..ens of tbe City; and
WHEREI,2 :.:o_ty of Pontiac 1-1's regcstod that ocntraot to: one
pt..a;_n, two Lfet ,,:--rlants, one (1) fIctec:_ive c::.ergc.an, six
Sereanfs, fen E'atrcl fn7etig,:lcro, and fifty-for
2op!ity 7-10-fi -ol be oreateo; and
WHET.E. tno coo ±ihas agrr2o 3 contract one Captain,
two ZIeJter:an, onc :-.,..r..ectit7e Sergeant, :six (('. Eatrol
ff) T-0tr:2,1 :nves's,Ig•tcrF.7 EWA fitty-foJr 2.epJty
Y;HERIA;-: fne requeztici Eix
ol:satoner; for tr:-,e Co:711Tniction:f.
r:AIO by the co =unity cc:ntraotJ for :Theriff Fatrol'3ervi,2ei;
cod1 o: ._Itfaohd
IHIREFOL. '1-2E 17 RESaLVEL th‘J.f to.. Codty 12.ord of.
approvc:3 tnc otcc[ieo cort_ract with ":;e City of 1.'ntiac
too one L.,: t'oo (2) one (I) Cocov Sergoant,
'.3ergeahts, ten It ?atrol invtjg;o!,..9 ond
Depty II
BEEUlF REOLVED GY/GP Capfain, two
.selyen C7 711,7/P ile:-deants, and sixty-four c.)L
Dev,;fy 17 :_":catct Cr. Confroted Pafro -, C, ':?afrol
cf
bE If RE,SC:= fhat lwelve vcioleoand
with C:a7ras and Y_DC'e, :oo 10
co,-.Jho 24 brep radio,8 be oCoIc to (::_i_nty Fleet.
F7:1;J:IEE', R 1:=SCLVEI: Oa:Coana Co'anty Boazd df
Com.:7.10flor :Jp_bi-cves fhe cr:eation of '.3ix GF/P
'*r.ocinIiL IL Yfd ::.o=nicationa o.nd
L'rep .arene. :2.neriff's Offioe.
DE If RE2OLVED that o..ontraof '42_11 etfecf oL
CKo.irpon, = =ve the adoption o:t the foregoing rt:zolti_on.
PUBLIC SERVICES COMMITTEE
OAKLAND COUNTY SHERIFF'S OFFICE
2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CITY OF PONTIAC
This Agreement is made and entered into between the CITY OF PONTIAC, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 47450 Woodward Avenue, Pontiac. Michigan
48342-2271, ( hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan
Constitutional and M unicipal Corporation and political subdivision of the State of Michigan.
whose address is 1200 North Telegraph Road, Pontiac. Michigan 48341 (hereafter the
"COUNTY"). and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan
Constitutional Officer, whose address is County Service Center, Bldg. #38 East, 1200 N.
Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this Agreement,
whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred
to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.0., otherwise, ''COUNTY" and "SHERIFF .' shall refer only to individual described
herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the
MUNICIPALITY: and
Whereas. the 0.0 .5.0. is authorized to provide police services for residents of Oakland County
but. absent an agreement such as this. has only limited responsibility for police services in the
MUNICPALITY, and
Whereas. the 0.0.5.0. and the MUNICIPALITY may enter into an agreement where the
0.C.5.0. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY:
and
Whereas, the MUNICIPALITY desires to contract with the 0.C.5.0. for such additional Law
Enforcement Services in the MUNICIPALITY: and
Whereas. the 0.0.5.0. is agreeable to providing additional LAW ENFORCEMENT SERVICES
in the MUNICIPALITY with the additional personnel provided under the terms and conditions of
this Agreement:
NOW, THEREFORE, in consideration of these premises and the mutual promises,
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, the
SHERIFF, and the MUNICIPALITY mutually agree:
1. Besides the terms "COUNTY'', "MUNICIPALITY'', "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.0." as defined above, the parties agree that for all purposes.
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY
OFFICIAL', "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who,
at the time relevant to any issue. claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL'', ''MUNICIPALITY AGENT", "COUNTY OFFICIAL'', or "SHERIFF'S
DEPUTY" but, for any reason. is no longer employed in that capacity.
a. "CLAIMS" means any alleged losses, claims, complaints, demands for relief or
damages, suits, causes of action, proceedings. judgments. deficiencies, liability,
penalties, iitigation. costs, and/or expenses of any kind which are imposed upon,
incurred by, or asserted against a party.
b. "COUNTY OFFICIAL" shall be defined to include any and all CO UNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
c. "MUNICIPALITY OFFICIAL" shall be defined to incl ude any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office,
such persons appointed, pursuant to state law. to fill a vacant elected office pending an
election or an Emergency Financial Manager appointed under the Local Government
Fiscal Responsibility Act. Act No. 101 of the Public Acts of 1988. being sections
141.1101 to 141.1118 of the M ichigan Compiled Laws and those individual
MUNICIPALITY employees or agents whose specific job responsibilities mandate the
enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
or Housing Inspector. Ordinance Officer, or . Weighmaster
d, "AGENT" shall be defined to include any and all M UNICIPALITY or COUNTY
employees. managers. departments, divisions, volunteers, agents, representatives.
predecessors. successors. attorneys, or auditors, other than MUNICIPALITY and
COUNTY OFFICIALS as defined above (whether such persons act, or acted, in their
personal, representative, or official capacities). and/or any and alf persons acting by,
through, under, or in concert with any of them.
e. ''MUNICIPALITY LIAISON" shall be defined as the Emergency Financial
Manager appointed under the Local Government Fiscal Responsibility Act, Act No. 101
of the Public Acts of 1988. being sections 141.1101 to 141.1118 of the Michigan
Compiled Laws and if no Emergency Financial Manager is in place, the chief elected
official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other
individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity
for all purposes under this Agreement.
f. "O.C.S.O. LIAISON" shall be the defined as a SH ERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.O.
LIAISON will generally be the commanding officer, if one. or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
g. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement
shall be defined and interpreted as the prevention and detection of crime and the
enforcement of the general criminal laws of this state. as provided for by state statutes
and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor
vehicle and traffic ordinance violations and laws of this state, and shall also include road
patrol, crime detection, crime prevention, and criminal apprehension, as well as any
necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving
public safety, a breach of peace, civil infractions, accidents or accidental injuries, and
any related governmental law enforcement functions as authorized and/or mandated by
law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S
DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental
LAW ENFORCEMENT SERVICES contemplated and to be provided under this
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 2
11.23.10
Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES
authorized by law to be performed by the 0.C.S.O. LAW ENFORCEMENT SERVICES
shall also include the filing of all necessary and legally required crime reports to State
and Federal offices on behalf of the MUNICIPALITY and the supervision of school
crossing guards as required by MCL 257.613c.
Ii. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES' shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II , Deputy I, Patrol Investigator, Detective
Sergeant, or any other person or persons of any rank, classification, or title who,
pursuant to state law. is a sworn Deputy of the SHERIFF. The 0.C.S.O. agrees that all
MUNICIPALITY Patrol Officers. Detectives, Sergeants. Lieutenants, Captains.
and the Chief are eligible to apply and, in t he Sheriffs sole discretion, may be hired as
Provisional SHERIFF'S DEPUTIES for the 0.C.S.O. if they (a) are currently licensed by
the Michigan Commission on Law Enforcement Standards (b) satisfactorily pass a
background investigation and oral interview; (c) pass a physical examination: and (d)
pass a drug screen. The Sheriff retains exclusive discretion in the screening and hiring
process and nothing in t his Agreement should be construed to guarantee employment
for any MUNICIPALITY Patrol Officer. Detective, Sergeant, Lieutenants, Captain or
Chief with the COUNTY and/or the 0 0.5.0,
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCH EDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"). which is attached to. incorporated
in and made part of this Agreement. to perform any and all 0.0.5.0. LAW ENFORCEMENT
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY.
including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not
include 0.C.S.O. police-related "Support Services," such as Marine Division. Arson
Investigation, Detective and Crime Lab services, which the 0.C.S.O. now provides on a County-
wide basis. unless expressly stated to the contrary herein. Nevertheless, such additional
"Support Services" shall continue to be made available, at no additional cost to the
MUNICIPALITY, to the same extent that the 0.C.S .0. continues to make such law enforcement
"Support SeR4ces" available, at no additional charge. to all other communities within Oakland
County.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement. the SHERIFF has only limited responsibility for LAW
ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required,
except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S
DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional LAW
ENFORCEMENT SERVICES to the MUNICIPALITY. following generally accepted
standards for police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the 0.C.S.O.' S provision of LAW
ENFORCEMENT SERVICES under this Agreement will result in any specific reduction
or prevention of criminal activity within the MUNICIPALITY or any other performance-
based outcome,
3. The 0.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the
0 C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT NTH THE CITY OF PONTIAC
Page 3
11.23.10
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement. the
MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit. arid/or
special right to O.C.S.O. s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any
particular person(s) beyond the 0.C.S.O.'S and/or any SHERIFFS DEPUTY'S law enforcement
officer duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY, as provided for in SCHEDULE A. shall work. during those hours for which the
MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is
understood and agreed, however, that "Mutual Aid" between communities may be provided to
surrounding communities "Mutual Aid." as used in the previous sentence, means that any
SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from
the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another
community due to an emergency or other exceptional circumstance or because a SHERIFF'S
DEPUTY possesses some special skill or qualification temporarily needed in that other
community.
5. Under the terms of this Agreement, the 0.C.S.O. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
LAW ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout
this Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES. as shown in
SCHEDULE A. shall be defined and quantified as EIGHTY (80) HOURS of LAW
ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the
specified Rank(s), for each of the SHERIFFS DEPUTIES contracted for and assigned by the
SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A. whenever any SHERIFF'S DEPUTY contracted for and assigned to
provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the
MUNICIPALITY geographical area, due to any of the reasons described in
subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward
the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the biweekly period
in which it occurred.
1. Travel time, on a daily basis, to or from the 0.C.S.O. in Pontiac,
Michigan, at the beginning or end of any shift by any HERIFF'S DEPUTY, if that
SHERIFF'S DEPUTY'S shift starts or ends in Pontiac:
2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per
calendar year) at any 0.C.S.O. authorized or required training session, function
or meeting;
3. Provision of any Mutual Aid as described and defined above;
4. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities;
5 Performance of any LAW ENFORCEMENT SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
0.C.S.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 4
11.23.TO
Any approved period of annual leave, sick leave, holiday leave, personal
leave, or any other approved, paid leave (except any paid disci plinary leave
and/or long-term disability leave extending beyond a per iod of five (5) working
days) granted to any SHERIFF'S DEPUTY in accordance with applicable
0.C.S.O. policies, procedures, and/or employment contracts,
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate law enforcement efforts to meet particular law
enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFFS
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
c. All 0.C.S.O. policies, procedures. employment contracts. etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the 0,C.S.0., by appointment, during normal business
hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide
prioritization of resources and law enforcement needs, any SHERIFFS DEPUTY'S LAW
ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT
SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available
by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due
to late calls, report writing, court appearances. emergencies. or holiday pay overtime, as shown
in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE R") which is attached to. incorporated
in and made a part of this Agreement. all other overtime charges incurred by any SHERIFF'S
DEPUTY. which are charged to the MUNICIPALITY, shall be approved, in advance, in writing,
by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY
directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY
RATES (hereafter "SCHEDULE C.") which is attached to, incorporated in and made a pert of this
Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of
this Agreement. If, however, in the unlikely event that the 0.C,S.O. is able to provide any
SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY
in addition to the EIGH TY l50) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly
period, as provided for in this Agreement, without the 0.0 S.D.. actually incurring any direct or
indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW
ENFORCEMENT SERVICES for which the 0.C.S.O. does not incur any overtime obligation
shall be invoiced and paid by the M UNICIPALITY as otherwise provided herein. All holiday pay
charges to the MUNICIPALITY shall be calculated and invoiced in accordance with
SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to aseign. delegate,
or otherwise, transfer, promise. commit, or lend any 0.C.S.O.'S or SHERIFF'S DEPUTY'S
services, duties. or obligations under this Agreement to any other public or private person,
corporation. entity, or organization of any kind. In the event that the M UNICIPALITY perceives
the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those
SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual
MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment. may require additional
LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for
additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement
(i.e., preceding Paragraph).
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 5
11.23 10
8. The MUNICIPALITY will pay the 0.C.S.O. for all SHERIFFS DEPUTIES' LAW
ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in
SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.0 .S.O. in providing
LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For
every bi-weekly period (corresponding to established 0.0 .S.O. payroll periods) during which any
SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under
the terms of this Agreement, the 0.C.S.0. shall prepare and send to the MUNICIPALITY an
invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW
ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any charges for any
additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly
billing period. All overtime charges are to be itemized and designated for the reason incurred. The
MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such i nvoice within 30
days of the invoice date.
9. 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 lvlichgian official
authoirized to disburse funds to the MUNICIPALITY). the State of Michgian is authoirized to
withold any funds due the MUNICIPALITY from the State and assign those funds to partially or
completely offset any deficiency by the MUNCIPALITY to the County. Such funds shall be paid
directly to the COUNTY. Further. the IvIUNCIPALITY waives any claims against the State or
COUNTY. or their respective officials. for any such amounts paid to the COUNTY. Furthermore.
should the MUNICIPALITY fail for any reason to timely pay the COUNTY the amounts required
unoer this Agreement. the County Treasurer shall be entitled to set-off and retain any amounts due
the MUNICIPALITY from Delinquent Tax Revolving Fund CDTER") or any other source of funds
due to the MUNCIPALITY in 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 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 COU NTY. Nothing in
this Agreement shall operate to limit in any way the COUNTY'S right to pursue any other legal
remedies against the MUNCIPALITY 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.
0. The MUNICIPALITY and the 0.C.S.O. agree and warrant that neither the 0.C.S.O. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise. shall be considered or claimed
to be an employee of the MUNICIPALITY and further agree that. at all times and for all purposes
under the terms of this Agreement, the 0.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by. for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state. suggest, nor imply that any employment
status and/or employment relationship exists between any S HERIFF'S DEPUTY and the
MUNICIPALITY.
11. The MUNICIPALITY and the 0.C.S 0. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.C.S .0. shall remain the sole and exclusive employer of
all SHERIFF'S DEPUTIES and that the 0.C.S .0. shall remain solely and exclusively responsible
for the payment of all SHERIFF'S DEPUTIES' wages. compensation, overtime wages. expenses.
fringe benefits, pension or retirement benefits, travel expenses, mileage allowances training
expenses. transportation costs, and/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, any employment taxes, and/or any other statutory or contractual
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 6
11.23.10
right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the
0.C.S.O. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not
grant. give, ailow, pay, reimburse, compensate, or otherwise provide any wages. fringe benefits,
privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement.
consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to. for
the use by. or on behalf of, any individual SHERIFFS DEPUTY. Any consideration, monetary or
otherwise, paid directly to the COUNTY and/or any personal property. automobiles, or any portable
equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided,
and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted
as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on
behalf of. any individual SHERIFFS DEPUTY.
12. The MUNICIPALITY may. in its discretion, in such locations and circumstances as it
decides, provide suitable office space, office equipment, all required utilities and related facilities
(e.g., desks. chairs, copying machines. fax machines, typewriters, permanently installed
telephones, lockers. locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned
or leased buildings to the 0.0 .5.0, for use by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY, which snail be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the
0.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the MUNICIPALITY Sub-Station with 0.C.S.0. personal property and equipment.
The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for
0.C.S.O. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY driving from the main 0.C.S.O. Law Enforcement Complex in Pontiac, Michigan,
to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time"
to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that
SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.O.
Law Enforcement Complex instead of within the MUNICIPALITY. The MUNICIPALITY'S provision
of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.O. shall be by
mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY
be obligated under the terms of this Agreemert to provide any such Sub-Station facilities, nor shall
trie 0.C.S.O. be obligated to use any such S ub-Station facilities if offered. The MUNICIPALITY
has decided it will provide the 0.0 S.O. with Sub-Station facilities and the 0.C.S,0. has agreed to
use such Sub-Station facilities, subject to the following terms and conditions:
a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a
revocable, nonexclusive License over that portion of such MUNICIPALITY premises for
use by the 0.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
b. The MUNICIPALITY will be responsible for maintenance of the premises, which
includes: any necessary repairs, improvements, installation and maintenance of all
necessary security locks, devices and fire safety devices and safety precautions.
reconstruction, custodial services, including rubbish and trash removal for the Facility,
and also incluoes the provision of utilities required to operate the facility for the purposes
of this License, including, but not limited to, heat, air conditioning. power, and water (but
excluding any monthly telephone charges for permanently installed Sub-Station
telephone), at no cost to the 0.C.S .0.
Use of the Sub-Station License shall end upon the term ination or expiration of
this Agreement as provided herein. Any such Sub-Station License shall also be
terminable, at any time and for any reason, by either the MUNICIPALITY. the COUNTY,
or the SHERIFF
d. . SHERIFF'S DEPUTIES shall use due care in their use of any Sub -Station
facilities and equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the
C.O.S.°. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTLAC
Page 7
11.23.10
MUNICIPALITY'S Insurance Carrier will waive all rights of subrogation against
OAKLAND COUNTY for any loss or damage to the Sub-Station premises or property
therein which is owned or insured by the Municipality. The MUNICIPALITY will provide
the COUNTY with a Certificate of insurance that contains the foil owing language: "The
MUNICIPALITY and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland C aunty for any loss or damage to premises or property
owned by or insured by the MUNICIPALITY". The MUNICIPALITY will provide this
Certificate of Insurance to Jennifer Brantley, Oakland County Sheriff's Office, County
Service Center, Bldg #38 East, 1200 N. Telegraph Road. Pontiac, Michigan 48341-1044
prior to January 1 2011. All Certificates of Insurance are subject to approval by the
Oakland County Office of Risk Management.
13. Except as expressly provided for in this Agreement. the MUNICIPALITY agrees that this
Agreement does not and is not intended to. transfer, delegate. or assign to the COUNTY. the
SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care.
or liability associated with any governmental function delegated and/or entrusted to the
MUNICIPALITY under existing law.
14. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments. and no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity. by the MUNICIPALITY.
15. The 0.C.S.O. LIASON will maintain regular fines of communication with the
MUNICIPALITY LIASON and will be responsive to administrative and operational needs of the
MUNICIPALITY. The 0.C.S.O. !JASON will be available to meet weekly or when otherwise
requested by the MUNICIPALITY LIASON to discuss particular law enforcement needs and will
provide a weekly report to the MUNICIPALITY LIASON regarding relevant crime reports and
statistics within the MUNICIPALITY. The MUNICIPALITY LIAISON may also bring to the
SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the
assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the
MUNICIPALITY LIAISON an opportunity to interview and meet any command officers before they
are assigned to the MUNICIPALITY: however, the SHERIFF'S decision on the assignment of any
SHERIFF'S DEPUTY shall be final, The 0.C.S.O. LIAISON shall, only to the extent that any such
commurucation would not interfere in an ongoing criminal investigation or prosecution, keep the
MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities
within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any
changes in any SHERIFF'S DEPUTY contracted for and assigneo to perform LAW
ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement.
Notwithstanding the above. however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON
shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job
descriptions, job specifications. or job duties. or in any manner attempt to control, supervise, train,
or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.O.'S duty or obligation under
the terms of this Agreement.
16. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the terms
and conditions of this Agreement, or any other questionable act(s) or omission(s). or any allegation
of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly
deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other
accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the 0.C.S.O. in any investigation conducted by the SH ERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 8
11.23.10
17. The 0.C.S.0. shall be solely and exclusively responsible for providing SHERIFFS
DEPUTIES with all necessary tools. automobiles, radios. communications equipment, firearms,
and any and all other equipment that the 0.C.S.O., in its sole judgment. deems required or
beneficial for the completion of any 0.0 .S.O.'S duty under the terms of this Agreement. The
0.C.S.O. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES'
business expenses. licenses, taxes, uniform or equipment costs, insurance(s), supplies. etc.,
except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets. etc..
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S .0. by
the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the
MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular
telephones, beepers. personal items or equipment, portable computers, automobiles, motorcycles,
etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY
assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the C.C.S .0.
which shall solely decide whether such personal property or special equipment shall be provided
Any and all such additional personal property. portable or individual use equipment or property.
and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and
exclusively to the 0.C.S O.. and then ONLY pur suant to a separate written lease agreement
between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in
this Agreement. no personal property. supplies, or other equipment. nor the use thereof. shall be
provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY. except
through a written lease as provided for in this paragraph.
18. Each Party shall be responsible for any CLAIMS made against that Party and for the
acts of its Employees or AGENTS. Further, the MUNICIPALITY agrees that it shall remain solely
and completely liable for any and all CLAIMS that either arose or have their basis in circumstances
of events occurring before the effective date of this Agreement. including but not limited to, any
wage or benefit issues, any collective bargaining obligations, or any other related employment
rights or obligations such as worker or unemployment compensation based upon any per sons
employment by the MUNICIPALITY prior to the effective date of this Agreement.
19. In any CLAIMS that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such representation including
any attorney fees.
20. Except as otherwise provided in this Agreement. neither Party shall have any right under
any legal principle to be indemnified by the other Party or any of its employees or AGENTS in
connection with any CLAIM.
21. This Agreement does not, and is not intended to, impair. divest, delegate or contravene
any constitutional, statutory, and/or other legal right. privilege. power. obligation, duty or immunity
of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity
for either Party.
22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M..
January 1, 2011 or a date mutually agreed upon by the parties, and shall remain in effect
continuously until it expires, without any further act or notice being required by either party. at
1 1 :59 P.M. on December 31. 2011. In addition, any party may terminate this Agreement. prior to its
December 31. 2011 expiration, upon written notification to all others at least one hundred and
eighty (180) days prior to the proposed termination date, which date shall be clearly stated in the
written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.O.'S
obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
Agreement shall end.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 9
11.23,10
23. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by the COUNTY Board of Commissioners, the duly appointed Emergency Financial
Manager of the MUNICIPALITY or his successor in office, or, if no Emergency Financial Manager
is currently appointed, by resolution of the MUNICIPALITY Governing Body. The approval and
terms of this Agreement shall be entered in the official minutes and proceedings of the CO UNTY
Board of Commissioners and MUNICIPALITY and shall also 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 with the Secretary of State for the State of Michigan by the 0.C.S.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
24. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.C.S.O., in
writing, of this intent no later than July 31, 2011. If the MUNICIPALITY. as above, notifies the
0.C.S.O. of its intent to enter into a new agreement. and the 0.C.S .0. has a similar interest. the
0.C.S.O. shall present the MUNICIPALITY with a new proposed agreement for continued LAW
ENFORCEMENT SERVICES on. or before, August 22, 2011. In no event shall this par agraph be
interpreted to obligate the 0.C.S.O. or the MUNICIPALITY to continue any Agreement for any
LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully
executed contract is executed by the parties. In the event that the MU NICIPALITY terminates this
Agreement, or elects not to enter into a subsequent agreement because it decides to establish its
own police department, the MUNICIPALITY agrees to consider for employment in its police
department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.O. as a result of this
decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S
DEPUTY If this Agreement is terminated for any reason the MUNICIPALITY will fully reimburse
the COUNTY for all costs incurred by the COUNTY as a result of tne Agreement's termination.
Such costs include, but are not limited to, unemployment compensation claims made by 0.C.S.O.
employees hired by the County to fulfil I the terms of this Agreement.
25. The parties shall send, by first class mail, all correspondence and written notices
required or permitted by this Agreement to each signatory to this Agreement, or any signatory
successor in office, to the addresses shown in this Agreement. Except as otherwise provided for
herein, all correspondence or written notices 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 neither intended, nor shall it be interpreted, to create, change, modify.
supplement, supersede, or otherwise affect or control, in arty manner or at any time, the terms or
conaitions of employment of any SHERIFFS DEPUTY with the 0.C.S.0.. any applicable 0.C.S.O.
employment and/or union contract, and/or any 0,C.S.O. rule(s). regulation(s), hours of work, shift
assignment, order(s). policy0esl, procedure(s), directive(s), ethical guideline(s). etc., which shall,
sotely and exclusively, govern and control the employment relationship between the 0.C.S .0. and
any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To
illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit,
modify, control, or otherwise affect. in any manner .
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any S HERIFF'S DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
The 0,C S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff. furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFFS DEPUTY'S wages, salaries, allowances, reimbursements, compensation.
fringe benefits. or otherwise decide any and all such terms and conditions of
0.0.5.0. 2071 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONT/AC
Page 10
11.23,10
employment and make any and all employment decisions that affect, in any way , the
employment of any SHERIFF'S DEPUTY with the 0.C.S .0, subject only to its collective
bargaining Agreements.
c. The SHERIFFS sole and exclusive right, obligation, and responsibility to
determine. establish, modify, or implement any and all operational policies, procedures.
orders, rules, regulations. ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEPUTY performing any 0.C.S .0. duty or obligation under the terms
of this Agreement.
27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations
relating to the provision of any and all police and/or governmental LAW ENFORCEMENT
SERVICES, and this Agreement does not, and is not intended to. ctiminish. delegate, divest,
impair, or contravene any constitutional, statutory. and/or other legal right, privilege, power,
obligation, duty, capacity. immunity, or character of office of either the SHERIFF, the COUNTY,
and/or any SHERIFFS DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree
that this Agreement is neither intended, nor shall it be interpreted, so as to create. grant. modify.
supersede, alter, or change. in any manner or form. any right, privilege, benefit, or any other term
or condition of employment, of any kind or nature whatsoever, in. upon, or for any SHERIFF'S
DEPUTY or any SHERIFFS DEPUTY'S agent(s), representative(s), union(s), or the successor(s)
or assign(s) of any of them.
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 shall in all cases 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, the possessive or nonpossessive, shall be deemed to include the other
whenever the context so indicates or requires.
29. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in exercising
any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or
partial exercise of any right, power or privilege preclude any other or further exercise of any other
right, power or privilege.
30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns. and all persons
acting by. through, under, or in concert with any of them,
31. This Agreement, consisting of sixteen(16) pages, including SCHEDULEIEDULE
B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S .0.
and the MUNICIPALITY with regard to the 0.C.S.O.'S provision of LAW ENFORCEMENT
SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully
supersedes any and all prior agreements or understandings between them in any way related to
the subject matter hereof It is further understood and agreed that the terms of this Agreement are
contractual and are not mere recitals and that there are no other agreements, understandings, or
representations between the 0.C.S.O. and the MUNICIPALITY 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
0.O.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 11
11.23.10
WITNESSES: CITY OF PONTIAC.
a Michigan Municipal Corporation
COUNTY Board of Commissioners and Emergency Financial Manager appointed under the Local
Government Fiscal Responsibility Act, Act No. 101 of the Public Acts of 1988. being sections
141,1101 to 141.1118 of the Michigan Compiled Laws and if no Emergency Financial Manager is
in place, the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor)
according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, Michael F. Stampfler. Emergency Financial Manager for the
MUNICIPALITY, hereoy acknowledges that has been authorized by the Municipal Financing
Local Government Fiscal Responsibility Act, MCL 141.1201 et seq. and a Contract between
himself and the Local Emergency Financial Assistance loan Board dated June 15, 2010 ( a certified
copy of which is attached) to execute this Agreement on behalf of M UNICIPALITY and hereby
accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this
day of .2010.
BY:
MICHAEL F. STAMPFLER
Emergency Financial Manager
IN WITNESS WHEREOF, BILL BULLARD. JR., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been author ized by a resolution of the
Oakland County Board of Commissioners (a certified copy of which is attached) to execute this
Agreement on behalf of the COUNT Y OF OAKLAND and hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of
.2010.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
BILL BULLARD, JR,
Chairperson. Oakland County Board
of Commissioners
0.C.S.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 12
11.23.10
IN WITNESS WHEREOF. MICHAEL J. BOUCHARD. in his official capacity as the Oakland
County Sheriff; a Michigan Constitutional Officer,hereby accepts and binds the COU WY OF
OAKLAND to the terms and conditions of the Agreement on this day of
2010.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD.
Oakland County Sheriff
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 13
11.23,10
54 Deputy II (no-fill) $4667.23 $6 552 792 00
Deputy II (no-fill/no-vehicle) $4,427 50
Front desk and building
security by PTNE Deputies-
12 hours per dayi7 days per
week
4 or 5 $79,498,00
TOTAL 510,045 707 00
SCHEDULE A
wil,66&=LaulLEL(IA.T.aaciEalaulirLmaiED TO MUNICIPALITY
Ranks) of Number(s) of Bi-Weekly Charge Annual Costs
SHERIFF'S DEPUTIES Sheriffs Deputies to Municipality per calendar year
i Contracted in 2011
I
! Captain I $6.600.76 $171,620.00
Lieutenant 2 55.792,51 5301,210.00
Patrol Sergeant 6 55.228.70 $815,67600
Detective Sergeant 1 $5.307.43 5139.553.00
Deputy II (with') $5,554.46
Patrol Investigator (no-fill) 10*
Deputy I (no-fill)
54,812 89
$3,721.20
$1.251 350 00
SUB-TOTAL
Estimated Overtime
74 $0294,841 00
$671,368.00
NOTE: For each PATROL DEPUTY It MITH FILL-IN) identified above, ONLY the 0.0 S O. shall.
at no additional cost to the MUNICIPALITY, provide a substitute (i.e.. FILL-IN) SHERIFF'S
DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a
PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-
weekly period for any reason except those reasons enumerated in Paragraph 5(a)(' ) through
Paragraph 5(a)(5) above.
NOTE: No Trainees shah be assigned by the 0.C.S O. to perform the duties of any SHERIFF'S
DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the
terms of this Agreement.
* One patrol investigator shall act as a dedicated Police School Officer within the Pontiac School District.
0.C.5.0 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONMAO
Page 14
11.23-10
SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of REGULAR HOLIDAY
Sheriff's HOLIDAY PAY/NOT HOLIDAY ADDITIONAL
Deputies PAY WORKED' OVERTIME2 OVERTIME CHARGES
NOT NOT
Captain INCLUDED NCLUDED ELIGIBLE ELIGIBLE NO
NOT NOT
Lieutenant OPTIONAL INCLUDED NCLUDED YES
Patrol
Sergeant YES
Detective
Sergeant YES
Deputy II " INCLUDED INCLUDED INCLUDED NO
(wifill)
., Deputy II NOT NOT NOT YES
(no-fill) INCLUDED INCLUDED INCLUDED
Deputy il
(no-fill/no- " .. .. .. YES
vehicle)
. ' .. .. .. Patrol YES
Investigator
(no-fill)
" . .. .. Deputy I YES
(no-fill)
NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been
included in the Si-Weekly Charges shown in SCHEDULE A
'Billed at Regular Hourly Rate (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays.
In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the
Regular Hourly Rate.
Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
'Depends on Holiday Schedule, Individual Work Schedule. and Collective Bargaining Agreement.
0.C.S.O. 2411 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Pawl 15
11.23.10
Part Time Non-Eligible
(PTNE) Deputy
$18.20 N/A
SCHEDULE C
HOURLY RATES
Regular Overtime
Hourly Hourly
Rate 2011 Rate
2011
Captain N/A* N/A*
Lieutenant $56.91 $85.36
Patrol Sergeant $51.73 $77.60
Detective Sergeant $51.73 $77.60
Deputy II (w/fill) $4499 $67.48
Deputy ll (no/fill) $44.99 $67.48
Deputy ll (no-fill/no-vehicle) $44.99 $67.48
Patrol Investigator (no-fill) $4499 $67.48
Deputy I (no-fill) $33.47 $50.21
0.0 S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 16
11.23.10
OAKLAND COUNTY SHERIFF'S OFFICE
2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CITY OF PONTIAC
This Agreement is made and entered into between the CITY OF PONTIAC, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 47450 Woodward Avenue, Pontiac, Michigan
48342-2271, (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
whose address is 1200 North Telegraph Road, Pontiac, Michig4R48341 (hereafter the
"COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in .tprc*city of a Michigan
Constitutional Officer, whose address is County Service c*Itlr, BldAf38 East, 1200 N.
Telegraph Road, Pontiac, Michigan 48341-1044 (herearte theirpHERIFF"). In this Agreement,
whenever the COUNTY and SHERIFF are intended as fdirit or ockbligors they will be referred to
collectively as the "OAKLAND COUNTY SHERIFF,P0FFIOE7 or, as abbreviated the
"0.C.S.0,", otherwise, "COUNTY" and "SHER1Or shag refer to ihtilvidual described herein. . ,
7 /1t ,
INTRODUCTORY STATEMENTS
l i ,
Whereas, the MUNICIPALITY is authorized to provide,p0tqaervices for rearde4i--nts of the
MUNICIPALITY; and
'=I-1 -,:.
(Ii!" l h '411 jj...,
ei !I
Whereas, the 0.C.S.O. is authonzecrth pr,!;,..q,e police seratp"' s for residents of Oakland County
a ,-, but, absent an agreement such as this:ttias orilKmited responsibility for police services in the
MUNICIPALITY; and :,2iita, .I), :.1 r
4 - - - ,i..,.1i'
:,:= -ia d l' ,
'IL ' i ? '',.!;4 ia . '
Whereas, the o.cAlp. and the MUNICIPALV may ent0116:" to an agreement where the
0.C.S.0. would peAoi*,addition4LAW ENF6i3CEMEN11 SERVICES in the MUNICIPALITY;
and
, r :.ii :.7,., ;nr, ,•:::- ,:;., 1/, ' Iiit
' i Idesires•' ' Where44,tiheVUNIdNL11 . t 41traP;W h the 0.C.5.0. for such additional Law
Enforce-inert Services irithi e MUNICIPALITY; and
Whereas, the.tQ:C.S.O. is agli0eable .foilli6iding additional LAW ENFORCEMENT SERVICES
in the muNiciPAury with theIrdditiclhal personnel provided under the terms and conditions of i. this Agreement; 'il,
NOW THEREFORE, in bansOeration of these premises and the mutual promises,
representations, and agree,rhents set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutually agree:
1, Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.0." as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIALTM, "MUNICIPALITY AGENT", "COUNTY
OFFICIAL", "SHERIFF'S DEPUTY' and "SHERIFF'S DEPUTIES" shall include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT', "COUNTY OFFICIAL", or "SHERIFF'S
DEPUTY' but, for any reason, is no longer employed in that capacity.
';•!. •n • ••
a. "CLAIMS?' means any alleged losses, claims, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation, costs, and/or expenses of any kind which are imposed upon, incurred
by, or asserted against a party.
b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
C. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office, such
persons appointed, pursuant to state law, to fill a vacarOlected office pending an
election or an Emergency Financial Manager appoirit0 under the Local Government
Fiscal Responsibility Act, Act No 101 of the PubliaCts of 1$8, being sections
141.1101 to 141.1118 of the Michigan CompileOliws dild those individual
MUNICIPALITY employees or agents whospspep job raponsibilities mandate the
enforcement of state statutes or local oitlinek.07s stiq as trii-Eiire Marshall, Engineering
or Housing Inspector, Ordinance OfficOitt Welatimatier.
d. "AGENT" shall be defined tdinowle an and all MUNICIPALITY :0 COUNTY
employees, managers, departments, diviAips, vilAnteers, agents, ret:Oeentatives,
predecessors, successors, attorneys, or auditagiebNr than MUNICIPALITY and
COUNTY OFFICIALS as 010 above (whet} isuch persons act, or acted, in their
personal, representativiejir v3reabl t9a, pacities), anEl/Rr any and all persons acting by,
through, under, or in concert with an. them.
CI
•.!..
"MUNICIDNL.Pip' LIAISONIphalliVlhelefinedlaithe Emergency Financial
Manager apppiked under the LocallpOemmerrifiFlal Responsibility Act, Act No 101
of the Publi4.-A0s of 1958, being seders 141.11plifo 141,1118 of the Michigan
Compiled Laws and if no Emergency Fittancial Manager is in place, the chief elected
officiRistthe MUNIpIPALp t(i.e,, City Mayeaor Township Supervisor) or such other
indiqicitigi%e,designatOlinwnbwbX the 0.*IICIPALITY LIAISON to act in this capacity
W.'511 purposeiq.inder 444 Agreementillii
f. Lf4jSON"*911,1Dp the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAVONFORCEMENT SERVICES to the MUNICIPALITY
under thidVreement,*-lo is -designated by the SHERIFF to maintain all lines of
communicatreqs with the MUNICIPALITYLIAISON, as defined herein. The 0.C.S.0.
LIAISON will generally* the commanding officer, if one, or a SHERIFFS DEPUTY
designated, in wittifigOie the SHERIFF to perform this function.
g. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement
shall be defined and interpreted as the prevention and detection of crime and the
enforcement of the general criminal laws of this state, as provided for by state statutes
and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor
vehicle and traffic ordinance violations and laws of this state, and shall also include road
patrol, crime detection, crime prevention, and criminal apprehension, as well as any
necessary supervision of SHERIFFS DEPUTIES, or other circumstances involving public
safety, a breach of peace, civil infractions, accidents or accidental injuries, and any
related governmental law enforcement functions as authorized and/or mandated by law
as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES
contracted for by the MUNICIPALITY in this Agreement. The governmental LAW
ENFORCEMENT SERVICES contemplated and to be provided under this Agreement
are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized
0.C.S.O. 2[1111 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 2
10,19.10
by law to be performed by the 0.C.S.O. LAW ENFORCEMENT SERVICES shall also
include the filing of all necessary and legally required crime reports to State and Federal
offices on behalf of the MUNICIPALITY.
h. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I. Patrol Investigator, Detective
Sergeant, or any other person or persons of any rank, classification, or title who,
pursuant to state law, is a sworn Deputy of the SHERIFF. The 0.C.S.O. agrees that all
full-time MUNICIPALITY Patrol Officers, Detectives, Sergeants, Lieutenants, Captains,
• and the Chief are eligible to apply and, in the Sheriffs sole discretion, may be hired as
Provisional SHERIFF'S DEPUTIES for the 0.C.S.O. if they (a) are currently licensed by
the Michigan Commission on Law Enforcement Standards (b) satisfactorily pass a
background investigation and oral interview; (c) pass OePhOical examination; and (d)
pass a drug screen. The Sheriff retains exclusiveikfetionliiithe screening and hiring
process and nothing in this Agreement should IfrOdonsirtged to guarantee employment for
any MUNICIPALITY Patrol Officer, Detective. Sergeant Lieutenants , Captain or Chief
with the COUNTY and/or the 0.C.S.0, '[Ii,
T I " 11.
2. The SHERIFF shall assign SHER1FE.*DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPOTIES CONTRACTED FOR ANCItTgglE ASSIGNED
TO MUNICIPALITY (hereafter "SCHEDULE A"),Trktpich i0Otached to, incorpted in and made
pail of this Agreement, to perform any and all 0.C.MpigArqNFORCEMENT SERVICES
contemplated in this Agreement viltilin ithe corporate !Nis of the MUNICIPALITY, including all
private roads. LAW ENFORCEMENT titVICES, as defkied above, shall not include 0.C.S.O.
police-related "Support Services," sucipsrUlacine Division,*aon Inyestigation, Detective and
Crime Lab services, which the 0.C.S.0J1now prtkides on a C344Lwide basis, unless expressly
stated to the contrary 0100 1sJeverthele41 "SOPport Services shall continue to
be made available, atkio addiilkal cost to tOiliLINICINTY, to the same extent that the
continue40imake sucrij,l,aw enfornent "Sup.* Services" available, at no additional
charge, to all other coriirpunities Within OaklaritCounty.
•
, a e
-
. rfAc.INICIPW'r a cxft- • pdgpp:that, except as provided for under the terms
Otitis Agreement, the SijERIFF haebnIt limited responsibility for LAW
'ENN0RCEMENTISRVIt4$ in the MUNICIPALITY and is not otherwise required,
except as provided *rein, f'd,ssian any specific Number(s) or Rank(s) of SHERIFFS
DEPUTIES to providelLAW ENFORCEMENT SERVICES to the MUNICIPALITY.
b. ThetHERIFF At make every reasonable effort to provide professional LAW
ENFORCEMEIA T.SER*ES to the MUNICIPALITY, following generally accepted
standards for polke:pliiiiection, with the levels of staff provided for in SCHEDULE A.
c, Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person
or MUNICIPALITY resident that the 0.C.S.O.'S provision of LAW ENFORCEMENT
SERVICES under this Agreement will result in any specific reduction or prevention of
criminal activity within the MUNICIPALITY or any other performance-based outcome.
3. The 0.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the
MUNIC1PAUTY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or
special right to 0.C.S.O.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 3
10.19.10
particular person(s) beyond the 0.C.S.O.'S and/or any SHERIFFS DEPUTY'S law enforcement
officer duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the
MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is
underetuud dfld egreed, however, that "Mutual Aid" between communities may be provided to
surrounding communities. "Mutual Aid," as used in the previous sentence, means that any
SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from
the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another
community due to an emergency or other exceptional circumst#0c,e or because a SHERIFFS
DEPUTY possesses some special skill or qualification temporbrily'hTeded in that other
community '1'
'If
5. Under the terms of this Agreement, the 0.C,1.0. SilallasSign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIOhOwn iF*CHEINALE A to perform all of the
LAW ENFORCEMENT SERVICES contempla0UndePthis Agreemelik As used throughout
this Agreement, any reference to the Numblre7)1 of SHERIFF'S DEPUTIE$;,as shown in
SCHEDULE A, shall be defined and quantified* EIGHTY (60) HOURS ofbisykki;
ENFORCEMENT SERVICES during a bi-weeklytleriod by SHERIFF'S DOUTY of the
specified Rank(s), for each of the SHERIFF'S DEPUrr iOdantracted for anthissigned by the
SHERIFF to provide LAW ENFORP;MENT sERvic8§p the MUNICIPALITY.
'1C 11114„
a. Except as may otherwi* be
1
eXpressly provided in ths subparagraph or in
SCHEDULE A, whenever arty diVRIFrt.p.EPUTY ediiirOMed for and assigned to
provide LAW ENIZ:RpEMENT StRVICEOtbtibe MUWIPALITY is not present in the
MUNICIPALIT*beogrgiskical area',1 *ag113 any 'citikireasons described in
subparagrOliS. I - 6 below, such pet* of time shall be included in and counted toward
the EIGHTY (66)4-1OURS 0 LAW ENktRCEMENT SERVICES for the bi-weekly period
in which it occurrett,:4'. • It, ie !!e3h4itip,.
1. 'tTipvel tiriles, on a dailyikisid to or from the 0.C.S.O. in Pontiac, Michigan,
beginning-11 at the being oViend of any shift by any SHERIFF'S DEPUTY, if that
l 'ih SHERIFF'SIEPUTt§ sir starts or ends in Pontiac; '
.!0)f
Aftendae (nal° exceed 100 hours per SHERIFF'S DEPUTY per
calendfir year) atany 0.C.S.0. authorized or required training session, function or
meetir4i i
3. ProOISion of any Mutual Aid as described and defined above;
4. Appearance in arty Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities;
5. Performance of any LAW ENFORCEMENT SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
6. Any approved period of annual leave, sick leave, holiday leave, personal
leave, or any other approved, paid leave (except any paid disciplinary leave
and/or long-term disability leave extending beyond a period of five (5) working
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WM-I THE CITY OF reornAc
Page 4
10.15.10
days) granted to any SHERIFFS DEPUTY in accordance with applicable
0.C.S.0. policies, procedures, and/or employment contracts.
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate law enforcement efforts to meet particular law
enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
c, All 0.C.S.O. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the 0.C.S.O., by appointment, during normal business
hours. t
C. Subject to the SHERIFF'S sole discretion and judgrn*Mies to tFie :county-wide
prioritization of resources and law enforcement needs, anO'HERIFF'S DEPUTY'S LAW
ENFORCEMENT SERVICES, beyond the EIGHTY (8C1.),HOLI:RS of timv ENFORCEMENT
SERVICES during a bi-weekly period, as provided f,01i -Nliis Adepementiffnay be made available
by the SHERIFF to the MUNICIPALITY on an overtime ba Except for .brrtime incurred due
to late calls, report writing, court appearances t rgencies, or holiday pay Overtime, as shown
in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE, ) which is attach4aNditcorporated
in and made a part of this Agreement, all other overtftae chatgies incurred by armip-1- ERIFFS
DEPUTY, which are charged to the MUNICIPALITY Si14Iliti4Atiproved, in advage, in writing, by k.ar the MUNICIPALITY LIAISON. Any 4tigsciditional hoursgSHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES provitkiCIWIION invoiced to ingl paid by the MUNICIPALITY
directly to the COUNTY at the Overtime keurly 14tes shown iii5.CHERULE C - HOURLY
RATES (hereafter "SCHEDULE C") which4s, attacHed,to, incorpaatcein and made a part of this
Agreement, and shall be imptiton to anyItount:Ofilitirmri .se duOnd owing under the terms of
this Agreement. If, how*, in th6irlikely evtilibt the Co.c r§.0. is able to provide any
SHERIFF'S DEPUTYf it:.:^+W ENFORCEMENTRVICESA§ requested by the MUNICIPALITY
in addition to the EIGHTY100) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly
period, as provided for in thiAgre9relept, without thoAc.5.0. actually incurring any direct or
indirect obligeti6d16 10Eakany overtirhe prighilarrIto any SHERIFF'S DEPUTY as a result, the
Regular HoLiKY Rates shown in SefrIEDULE CYbethose additional hours of LAW
ENFORCAIW SERVICts,for w* the 0.C.S.O. does not incur any overtime obligation
shall be invoiced 1and paid by MUI4VM_ITY as otherwise provided herein. All holiday pay
charges to the MUNICIPALITY 4hall be cftiatecl and invoiced in accordance with SCHEDULE
B. th, !Rik
.1,
7. The muNicipAuty,shallsibt have the right under this Agreement to assign, delegate, or
otherwise, transfer, promisé;loo*it, or lend any 0.C.S.0.'S or SHERIFF'S DEPUTY'S services,
duties, or obligations under thIS'Agreement to any other public or private person, corporation,
entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for
any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S
DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY
circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW
ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional
LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e.,
preceding Paragraph).
0.C,S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 6
10.19.10
8. The MUNICIPAUTY will pay the 0.C.S.O. far all SHER/FPS DEPUTIES' LAW
ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown
in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.O. in
providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every bi-weekly period (corresponding to established 0.C.S.O. payroll periods)
during which any SHERIFFS DEPUTY renders any LAW ENFORCEMENT SERVICES to the
MUNICIPALITY under the terms of this Agreement, the 0.C.S.O. shall prepare and send to the
MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFFS
DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any
charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein,
during that bi-weekly billing period. All overtime charges are tel0e„itemized and designated for
the reason incurred. The MUNICIPALITY agrees to pay to pigtdmTy the full amounts due on
any such invoice within 30 days of the invoice date.
-'11“0:
9. Should the MUNICIPALITY fail, for any reason, t6itirnety piay,the COUNTY the amounts
required under this Agreement, the MUNICIPALITYi*esc ilat upon police from the Oakland
County Treasurer to the Treasurer of the StatOklichiOan (dr i any ottlaeState of Michgian
official authoirized to disburse funds to theMMICIPALITY), the State of itkiehgian is authoirized
to withold any funds due the MUNICIPALITY' aim the State and assign thoCe,ifypils to partially
or completely offset any deficiency by the MUNCIOALITOg the County. Suetgillnds shall be
paid directly to the COUNTY. Further, the MUNCIPM.WI:441yes any claimg,against the State
or COUNTY, or their respective offililals, for any such koeunts paid tie the COUNTY.
Furthermore, should the MUNIOSraitl for any reas8rfp timely pay the COUNTY the
amounts required under this Agreern . bi, thSeunty Treastlher shall be entitled to set-off and
retain any amounts due the MUNICIPAU1 TY fronkipplinquent 1*044ivolving Fund ("DTFR") or
any other source of fuelOkmtp the MU IPAgeNpossesOn of the County, to partially or
4,
completely offset any Oficien6yiley the M IiIRPALITY:lis'itees expressly prohibited by law.
Such a transfer shpiee eonside* an assignment unleOiggaressly prohibited by law. Such a
transfer shall be considered an a4ignment bYtttas MUNICIPALITY to the COUNTY, Further, the
MUNICIPALITY waives arix1plairgVirinst the Ci9t,INTY-, or its officials, for any such amounts
paid to th ,et:Fttr,OPT)1„.Nothirtgetles AWeeprpent0111 operate to limit in any way the COUNTY'S
right to,Orsue any othOelegal irefeedies agarrietthe MUNCIPALITY for the reimbursement of
amouritgititie the COUgkundertithis Agreement. The remedies in this paragraph are available
to the cour4v on an ong5IN arAuccefsive basis, as the MUNICIPALITY becomes .,, .. .. delinquent in itspayments. t,
..,
10. The MUNICIPLITY anathe 0.C.S.O. agree and warrant that neither the 0.C.S.O. nor
any SHERIFF'S DEPUTY, by yirfue of this Agreement or otherwise, shall be considered or
claimed to be an ernploy.gfiike MUNICIPALITY and further agree that, at all times and for all
purposes under the terms aihis Agreement, the 0.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment
status and/or employment relationship exists between any SHERIFF'S DEPUTY and the
MUNICIPALITY.
11. The MUNICIPALITY and the 0.C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.C.S.O. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the 0.C.S.O. shall remain solely and exclusively
responsible for the payment of all SHERIFFS DEPUTIES' wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 6
10.19.10
compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in
this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing
of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S
DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any
personal property, automobiles, or any portable equipment (e.g., portable telephones, portable
computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not,
for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY,
either directly or indirectly, to, for the use by, or on behalf of, anndividual SHERIFF'S
DEPUTY. 1,i,
12. The MUNICIPALITY may in its discretion, in suettiocafibps and circumstances as it
decides, provide suitable office space, office equipment iail reqUI*1 utilities and related
facilities (e .g., desks, chairs, copying machines, fax typeiiiriters, permanently installed
telephones, lockers, locker room facilities, unifoqri changing areas, ete3),in MUNICIPALITY-
owned or leased buildings to the 0.0.5.0. fat:65e by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY. which shall be referred to at aiMUNIWALITY "Sub-Statid*. Alternatively, the I 0.C.S.O. may provide or supplement any existingidesks;;Oairs, copying maRilines, fax
machines, etc located in the MUNICIPALITY Sub-S*4i$iVirith 0.C.S.0. peri5ii6ai property and
equipment. The MUNICIPALITY„Ovitledges that the,MUNICIPALITY benefits in providing a
Sub-Station for 0.C.S.0. use blAitqlitigithe time spelt* SHERIFF'S DEPUTIES assigned
to the MUNICIPALITY driving from th4riain 1g.S.O. Law Erfforceiment Complex in Pontiac,
Michigan, to the MUNICIPALITY to pen* ceft*- Apaper ancilift*work and eliminating the
"lost drive time" to proviigpt4fe ENFORVCI#StvicEs44,4hin the MUNICIPALITY due to
the fact that SHERIF*DEPCMES othen4ipe106uld belljipAnd end their work shift(s) at the
main 0,C.S.0. Lavylirlforcementlpomplex irKead of wititri -the MUNICIPALITY. The
MUNICIPALITY'S provISAon of an -ISub-Statiorqacitities and/or the use of any Sub-Station
facilities by the,D.C.S.O.:411all be by agritkrrent and consent of the parties. Under no
circumstarjOe'S''SHail:the MUNIQIIIJALI-rifi*oblig008 under the terms of this Agreement to
provide, such SIAMtation'*ilities, noi`Sliallthe 0.C.S.0. be obligated to use any such Sub-
Statioriladqjties if offerediiiThe kliNICIPALITY has decided it will provide the O_C.S.O. with
Sub-Station ''facilities and tf-lij O.C.S'.4. has agreed to use such Sub-Station facilities, subject to
the following tops and cond ipns:
a. Use .o'fa Sub-StOon shall be deemed to be a MUNICIPALITY grant of a
revocable, nori*clusiveliLicense over that portion of such MUNICIPALITY premises for
use by the 0.C.S:O. OW SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
b. The MUNICIPALITY will be responsible for maintenance of the premises, which
includes: any necessary repairs, improvements, installation and maintenance of all
necessary security locks, devices and fire safety devices and safety precautions,
reconstruction, custodial services, including rubbish and trash removal for the Facility,
and also includes the provision of utilities required to operate the facility for the purposes
of this License, including, but not limited to, heat, air conditioning, power, and water (but
excluding any monthly telephone charges for permanently installed Sub-Station
telephone), at no cost to the 0.C.S.O.
c. Use of the Sub-Station License shall end upon the termination or expiration of
this Agreement as provided herein. Any such Sub-Station License shall also be
terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY,
or the SHERIFF
0,C-S.O. 2011 LAW ENFORCEMENT SERVICES AGREEPAENT WITH THE CITY OF PONTIAC
Page 7
10.19.10
d. . SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station
facilities and equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the
MUNICIPALITY'S Insurance Carrier will waive all rights of subrogation against
OAKLAND COUNTY for any loss or damage to the Sub-Station premises or property
therein which is owned or insured by the Municipality. The MUNICIPALITY will provide
the COUNTY with a Certificate of insurance that contains the following language: "The
MUNICIPALITY and the Insurance Carder named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or property
owned by or insured by the MUNICIPALITY'. The MUNICIPALITY will provide this
Certificate of Insurance to Jennifer Brantley, Oakland County Sheriffs Office, County
Service Center, Bldg. #38 East, 1200 N. Telegraph Ree,i,pontiac, Michigan 48341-1044
prior to January 1, 2011. All Certificates of Insurance are Subject to approval by the
Oakland County Office of Risk Management.
13. Except as expressly provided for in this Agr meribli the VVICIPALITY agrees that this
Agreement does not, and is not intended to, transfer;'delegale, or aign to the COUNTY, the
SHERIFF, and/or any SHERIFF'S DEPUTY anvif or %al responsibiltty, obligation, duty of
care, or liability associated with any govem*fal function delegated andk irf entrusted to the
MUNICIPALITY under existing law. tiW '111 ii'
,to
15. The 0.C.S.0. LASON,will maintainregmlOr Ns communication with the
MUNICIPALITY LIAOK1 and WIU be respoilliy4ath admiiiistmtive and operational needs of the
MUNICIPALITY The, 0.C.S.0. OpksoN wil4e availableli:V meet weekly or when otherwise
requested by the MunkrALITY,.pAsoN to discuss particular law enforcement needs and
services witmpe muNcif:ALITOoncl to sharetiAtmr relevant information which has come to
the attenti#k44ithRriparty. irrOMUI u OAPt rciAlsoN may also bring to the SHERIFF'S
attentioly*y concerriglOat thrégylUNICIPA lilitfilLiAISON may have regarding the assignment of
any SFIERIF'S DEPUTYlip the MUNICIPALITY. The SHERIFF shall provide the
MUNICIPAL* LIAISONatkppportaityn interview and meet any command officers before
they are assign0 to the MUNICIPALIVhowever, the SHERIFF'S decision on the assignment
of any SHERIFF'UEPUTY 51401 be Mal. The 0.C.S.O. LIAISON shall, only to the extent that
any such cornmuniapon would not interfere in an ongoing criminal investigation or prosecution,
keep the MUNICIPALITy .LIAISPN reasonably informed regarding criminal and/or law
enforcement activities withiqffie MUNICIPALITY and advise the MUNICIPALITY LIAISON, as
soon as practicable, of any Changes in any SHERIFF'S DEPUTY contracted for and assigned to
perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the
MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY
with any job instructions, job descriptions, job specifications, or job duties, or in any manner
attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
0.C.S,O.'S duty or obligation under the terms of this Agreement.
16. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the
terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any
allegation of same, by any SHERIFF'S DEPUTY, The MUNICIPALITY also agrees that it shall
promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any
other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 8
•-•-„
14. Except as expressly provided for under the f i5 Agreement, lito SHERIFF'S
DEPUTY while acting under the teOise this Agreemaht shall perform any services directly or
otherwise be available to perforalitiiiii,citt*work or assiOgients, and no SHERIFFS DEPUTY
shall be otherwise employed or utilizekin dhyoanner or capacity, Ay the MUNICIPALITY, , ,
10.19.10
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the 0.C.S.O. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFFS DEPUTY.
17. The 0.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms,
and any and all other equipment that the 0.C.S,O., in its sole judgment, deems required or
beneficial for the completion of any 0.C.S.C.'S duty under the terms of this Agreement. The
0.C.5.0, shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES'
business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc.,
except that any stationery, notices, forms, MUNICIPALITY ordirrai lee appealei lee-trek- ets, etc.,
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.O. by
the MUNICIPALITY at the MUNICIPALITY'S sole cost and*riS4 ii In the event that the
MUNICIPALITY wants any special or additional personal igrepPprty or•bguipment (i.e., cellular
telephones, beepers, personal items or equipment, portkble cbiTuters, automobiles,
motorcycles, etc.) to be provided, at MUNICIPALITy iexpkse or otherwise, to any SHERIFF'S
DEPUTY assigned to the MUNICIPALITY, the MIA19101pALly shaNirect such requests to the
0,C.S.0. which shall solely decide whether suefifierson1-4 property or Special equipment shall be
provided. Any and all such additional persoOl'property, portable or inclhiiblual use equipment or
property, and/or any special equipment to be piwided by the MUNICIPALI -Nstrall be provided
directly and exclusively to the 0.C.S.0., and therVONLY ksuant to a separat4iihriften lease
agreement between the MUNICIPALITY and the C04{Nri`:1 14s intended byttilis Paragraph and
elsewhere in this Agreement, no pilii*mal property, suPOies, or other equipment, nor the use
thereof, shall be provided or ma* *-1)-641 by the MUNIOIPALITY directly to any SHERIFFS
DEPUTY, except through a written ledte aS 1Prpvided for in tins paragraph,
f
18. Each Party shapillOmponsible fe5ianyptiATM§,madeOgainst that Party and for the acts
of its Employees or 40&NTS, ''ffyrther, thellylkINICIPALOT@grees that it shall remain solely and
completely liable fc1.4 roy and all MAIMS thatOher aros1:01' have their basis In circumstances of
events occurring beforelhe effect! date of tiiiI ,Agreement, including but not limited to, any
wage or benefit issues, ariyiooll901rpargainingiptAgations, or any other related employment
rights or ebliiiffitihapsych thkrifOr or'iii=renploy*t compensation based upon any persons
employment by the MilkilCIPALfTY prior to thatOffective date of this Agreement.
71.
19. In al*. CLAIMS that tnay arifrom. the performance of this Agreement, each Party shall
seek its own legal representation and'Aiitt the costs associated with such representation
including any att*ey fees. ,•,.
20. Except as otheiWise prOded in this Agreement, neither Party shall have any right under
any legal principle to be iVidOilified by the other Party or any of its employees or AGENTS in
connection with any cLArrtilli -
21, This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
January 1, 2011, and shall remain in effect continuously until it expires, without any further act or
notice being required by either party, at 11:59 P.M. on December 31, 2011. In addition, any party
may terminate this Agreement, prior to its December 31, 2011 expiration, upon written
notification to all others at least one hundred and eighty (180) days prior to the proposed
termination date, which date shall be clearly stated In the written notice. Upon the expiration or
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITI-1 THE CITY OF PONTIAC
Page 9
10.19.10
termination of this Agreement, all further 0.C.S.O.'S obligations to provide LAW
ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
23. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by the COUNTY Board of Commissioners, the duly appointed Emergency Financial
Manager of the MUNICIPALITY or his successor in office, or, if no Emergency Financial
Manager is currently appointed, by resolution of the MUNICIPALITY Governing Body. The
approval and terms of this Agreement shall be entered in the official minutes and proceedings of
the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be
fled with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this
Agreement and any subsequent amendments shall be filed with the Secretary of State for the
State of Michigan by the 0.C,S.0, and shall not become effect or implemented prior to its tiP filing with the Secretary of State. eee'
'4i di
24. In the event that the MUNICIPALITY wishes to ei .i'ger intbia new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreem*& it will notify the 0.C.S.0., in
writing, of this intent no later than July 31, 2011. AAIMUNICIPALITX, as above, notifies the
0.C.S.0. of its intent to enter into a new agreeeOnt, andtthe 6ez.0.'has a similar interest the
0.C.S.0, shall present the MUNICIPALITYMIT a new proposed agreem* for continued LAW
ENFORCEMENT SERVICES on, or beforeAifibjust 224011. In no event Shall itIlis paragraph
be interpreted to obligate the 0.C.S.0. or the MUNkCIPAWY to continue any Ikreement for any
LAW ENFORCEMENT SERVICES beyond the expii**6f:this Agreement Unless a new fully
executed contract is executed by,1:10pRrties. In the e4öpt that the MUNICIPALITY terminates
this Agreement, or elects not to-10401ft subsequent d0 -eement because it decides to
establish its own police department, ti* MUNICIPALITY agrees to, cprisider for employment in its
police department any SHERIFF'S DEkt.,TY Allay be laidliffrnie 0.C.S.O. as a result of
this decision, but in nolinent*all the Mt*ICIP*Nbe oblig*d to hire any such SHERIFF'S
DEPUTY, If this AgrOment igitprminate;:iifor*y reAOrttike MUNICIPALITY will fully
reimburse the COL*Ty for all dirOct and inciikct labor DO incurred by the COUNTY as a
result of the Agreefrielit-e,terminaikin. Such cdefs include, but are not limited to unemployment
compensation claims made by OtiS.O. emploAesilired by the County to fulfill the terms of this
41111 AgreementIi; ill: ‘-'1I111/ ji! t“'
25. It*parties shall dend, byvt class mail, all eon espondei ice arid written notices
required or permitted by tlii4greenteiltit to each signatory to this Agreement, or any signatory
successor in offkcp, to the addiesses s)#rn in this Agreement Except as otherwise provided
for herein, all correepondence
j
*,:irwritkii'notices shall be considered delivered to a party as of
the date that such atioe is depiiisited with sufficient postage with the U.S. Postal Service.
26. This Agreement iflegner intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, oreeltherwise affect or control, in any manner or at any time, the terms or
conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.O., any applicable
0.C.S.O. employment and/or union contract, and/or any 0.C.S.O. rule(s), regulation(s), hours of
work, shift assignment, 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 any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFFS
DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any SHERIFFS DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 10
10.19.10
b. The 0.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions of employment
and make any and all employment decisions that affect, in any way, the employment of
any SHERIFF'S DEPUTY with the 0,0.5.0, subject only to its collective bargaining
Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or areChther judgment, policy or
directive which, in any way, governs or controls any,a§tivit90 any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training stands or ptoficiency(ies), any level or
amount of required supervision, any and all starOairds Operforrnance, any sequence or
manner of performance, and any level(s) of,e?cperiesice, ti'M•ing, or education required
for any SHERIFF'S DEPUTY performing a#01p,S4 duty *obligation under the terms ,:i!• 1,_ of this Agreement.
27. The SHERIFF and the COUNTY res6nACto themselves any rights arkoAgations
relating to the provision of any and all police andibrigoveitypental LAW ENFOOdEMENT
SERVICES, and this Agreement does not, and is net 0044 to, diminish, blegate, divest,
impair, or contravene any constiti441 e statutory, ancik other legal right, privilege, power,
obligation, duty, capacity, immu06:iir 6**m-ter of office'Keither the SHERIFF, the COUNTY,
and/or any SHERIFF'S DEPUTY. ThgipOONTY and the STIERIF714urther acknowledge and
agree that this Agreement is neither int*ed, nM hall it be integtiteted, so as to create, grant,
modify, supersede, alt?rtipkqrge, in mannei arrigight, privilege, benefit, or any
other term or conditicOf emOeyment, of ailefAiad or naNremhatsoever, in upon, or for any
SHERIFF'S DEPUTror any SHER, IFF'S DEPUTY'S age0i), representative(s), union(s), or the
successor(s) or assign(s) of any attnem.
-
28 TisArënnt is m11646n4gte,c • t( ,eState of Michigan and shall in all
respeclis* interpretdElhenfor*and goveMEgeUnder the laws of the State of Michigan, The
language'qall parts of iiiis/kgreetRrnt shall in all cases be construed as a whole, according to
its fair meaning, and not Pcifiptrued ttriF4 for or against any party. As used in this Agreement,
the singular or*ral number,Ike pos*ve or nonpossessive, shall be deemed to include the
other whenever ffie.context so indicates or requires.
0?
29. Absent an expeepply Tiffin waiver, the failure of any party to pursue any right granted
under this Agreement sh'Slt,piptioe deemed a waiver of that right with regard to any existing or
subsequent breach or def6i.tli undenthis Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
31 This Agreement, consisting of sixteen(18) pages, including SCHEDULE A, SCHEDULE
B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the
0.C.S.O. and the MUNICIPALITY with regard to the 0.C.S.O.'S provision of LAW
ENFORCEMENT SERVICES and/or any SHER1FF'S DEPUTY'S services to the
MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between
O.C.S.O. 2011 LAW ENFORCEMENT' SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 11
10-19,10
WITNESSES:
WITNESS:
them in any way related to the subject matter hereof. It is further understood and agreed that the
terms of this Agreement are contractual and are not mere recitals and that there are no other
agreements, understandings, or representations between the O.C.S.O. and the MUNICIPALITY
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 Emergency
Financial Manager appointed under the Local Government Fiscal Responsibility Act, Act No. 101
of the.Public Acts of 1988, being sections 141,1101 to 141.1118 of the Michigan Compiled Laws
and if no Emergency Financial Manager is in place. the chief elected official of the
MUNICIPALITY (i.e., City Mayor or Township Supervisor) according to the procedures set forth
in this Agreement.
_
IN WITNESS WHEREOF, Michael F. Stampfler, 5erelgency'Financial Manager for the
MUNICIPALITY, hereby acknowledges that has beenr4tithorliel by the Municipal Financing
Local Government Fiscal Responsibility Act. MCL 141.12b4 et seeri land a Contract between
himself and the Local Emergency Financial Assi*Ge ilpanlpoard dated June 15, 2010 (a
certified copy of which is attached) to execute tAb''Agreekvent'on behafipf MUNICIPALITY and
hereby accepts and binds the MUNICIPALITYilb the terms and conditioa,pf this Agreement on I.: this day of , 20111 ii;i1, -,„
.•• .. , 1 i!;''
CI79F PONTIAC, Ill'
a Mit6igan Municipal Corporation :r .
!t -111 1 li,
.(11•1 -.11IL •1t, .11!!1
'it ilBY: iiii .
-11-7—,. ii:' it MICHAEL F. STAMPFLER h•
.•,.i. Eimer. gency Financial Manager :
,Ei a •ii ,1 4P - -if.
1:::,144 . --...M
IN WITNESS WHEREQF, BIULLARCY,%ifil;ihairperson, Oakland County Board of -Fi Commigiiigners, hereby -aRknowiaepes that he has been authorized by a resolution of the
Oakland Ci5litqty Beard of011,9mmisSibners (a certified copy of which is attached) to execute this
Agreement on't?phaif of the dpUN1il1CP1bAKLAND and hereby accepts and binds the
COUNTY OF OAKLAND to thétermsiAd conditions of the Agreement on this day of
2010.
--.2:-
4:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY;
BILL BULLARD, JR,
Chairperson, Oakland County Board
of Commissioners
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT intim THE CITY OF PONTIAC
Page 12
10.19 10
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
WITNESS:
BY:
MICHAEL:4 BOUCHARD,
Q4gfind County Sheriff
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds the COUNTY OF
OAKLAND to the terms and conditions of the Agreement on this day of
, 2010.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CRY OF PONTIAC
Pau 13
10.19.10
SCHEDULE A
SHERIFF'S DEPL ILTDArmaajawrRA MUNICIPALITY
Rank(s) of
SHERIFF'S
DEPUTIES
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
Deputy H
(no-fill)
Deputy H
(no-fillIno-
vehicle)
Patrol
Investigator
Deputy I
(no-fill)
Number(s)
of Sheriffs
Deputies
Contracted
1
2
6
1
54
Bi-Weekly
Charge to
Municipality
in 2011
$6,600.76
$5792.51
$5,228.70
$5,367.43
$5,554.46
$4,667.23
NOTE: For each PATROL DtPUTY fl (WITH FILL-IN) identified above, ONLY the 0.C.S.O. shall,
at PC additional cost to the MUNICIPALITY, provide a substitute (Le., FILL-IN) SHERIFF'S
DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a
PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-
weekly period for any reason except those reasons enumerated in Paragraph 50)(1) through
Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the 0.C.&0. to perform the duties of any SHERIFFS
DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the
terms of this Agreement
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF POITRAC
Page 14
10.19.10
Schedule A 2011
Sheriff's Office
Dispatch Specialist
Additional Patrol Contracts added in 2009/2010
Municipality
M.R. g10 Pontiac
Charge per contract for Dispaieh Services
Total revenue from Patrol contracts
Revenue from Fire Dispatch contract-Pontiac
Total Revenue increase
Cost for one (I) additional Dispatch Specialist:
Number of Additional Contracts
74
S5,288
$391,312
$220,610
611.922
Salary i:c-f 1 year step $37,094
Fringes r,ii! 63,8% 23_,666
Sub-total S60,760
Operating costs 500
Total $61,260 x10 $612,600
Balance $(678)
11 It II
II II
SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of REGULAR HOLIDAY
Sheriff's HOLIDAY PAY/NOT HOLIDAY ADDITIONAL
DePutres PAY WORKED' OVERTIME 2 OVERTIME CHARGES
NOT NOT
INCLUDED INCLUDED ELIGIBLE ELIGIBLE
NOT NOT
OPTIONAL INCLUDED INCLUDED
:1
II
'
10
INCLUDED
YES
NOTE: As used above'INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been
included in the BI-Weekly .4arges shOrn in SCHEDULE A.
'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays.
In December communities with No-gill Deputies (I & [l's) will be charged for 2 days (lb hours) at the
Regular HOLM), Rate,
`Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement.
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 15
Deputy II
Deputy II
Deputy II
vehicle)
Patrol
Investigator
(no-fill)
Deputy I
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
NOT NOT
iNc4.:ILtEtb, INCLUDED
`ill.
lit
II
INCLUDED INCLUDED
!1.
II
NOT
INCLUDED
NO
YES
YES
YES
NO
YES
YES
YES
10.19.10
Regular
Hourly
Rate
2011
N/A*
$56.91
$51.73
$51.73
$44.99
$44,99,
$42499,.
Overtime
Hourly
Rate
2011
NIA*
$85.36
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
Deputy 11
(noffill)
Deputy II
(no-fill/no-
vehicle)
•!:
•
'114 1 ,
$. .-iffith.6748 ; "v..,i ,
$61.48 'Ll
.t 'n
H?itiElli. .i ". FIT
:3Zi. ir '414 tha..it,
,Ofo
T0.'/81iPb
Hi "I lth
11,
$77,60
$77.60
SCHEDULE C
HOURLY RATES
Patrol .$67.48
.i th, ‘it
17, 'FL
(no-fill)
$28;47 Deputy I $50.21
Investigator
- (no-fill)
0.C.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CM OF PONTIAC
Page 16
10.19.10
OAKLAND COUNTY SHERIFF'S OFFICE
2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CITY OF PONTIAC
This Agreement is made and entered into between the CITY OF PCNTIAC. a Michigan
Constitutional and Munioipa; Corporation and political subdivision of the State of Michigan.
located within Oakland County. whose address is 47450 Woodward Avenue, Pontiac, Michigan
45342-2271, (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipa Corporation and polltical subdivision of the State of Michigan,
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the
"COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan
Constitutional Officer. whose aodress is County Service.Cente7, Bldg, #38 East, 1200 N.
Telegraph Road, Pontiac, Miehiean 48341-1044 (hereafter the "SHERIFF"). In this Agreement,
whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to
collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
ethersNise, "COUNTY and 'SHERIFF" shall refer only to incliviclua: described herein_
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to prov!cle police services for residents of the
MUNICIPALITY. and
Whereas, the 0.C.S.O. is authorized to provide police services for residents of Oakland County
but. absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and .
Whereas, the 0.C:S.O. and the MUNICIPALITY may enter into an agreement where the
0,C.S.O. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY,
and
Whereas, the MUNICIPALITY desires to contract with the 0,C.S.O. for such addlional Law
Enforcement Services in the MUNICIPALITY: and
Whereas. the 0.C.S.O. is agreeabie to providing additional LAW ENFORCEMENT SERVICES
in the MUNICIPALITY with the additional personnel provided under the terms and conditions of
this Agreement;
NOW, THEREFORE, in coriiideration of these premises and the mutual promises.
representatior,s, and agreements set forth in this Agreement, and for other good and valuaole
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutualiy agree:
1. besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE". and "O.C.S.O.' as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the followIng terms and expressions whether used in
the singular or plural. possessive or nonpossessive, and/or either within or wtthuut quotation
marks. shall he defined and interoretoo as Provided herein. The parties further agree that as
oefined hereir the terms "MUNICIPALITY °FRC:1AL", "MUNICIPALITY AGENT", "COUNTY
OFFICIAL'', "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTES' shall include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL'', "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "'SHERIFF'S
DEPUTY" but, for any reason. s no longer employed in Mat capacity.
A a. "cLAirosr means any alleged losses, ciams. complaints, demands for relief or
damages. suits, caLises of action, proceedings, juugments. deficiencies, liablity,
penalties. litigation, costs. and/or expenses of any kind which are imposed upon, incurred
by, or asserted against a party
b. "COUNTY OFFICIAL" shall he defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election
G. "MUNICIPALITY OFFICIAL" shell be defined tc include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office, suer, Deleted; or
persons appoInted, pursuant to state law, to flil a vacant elected office pending an
election or an Enemencv Eieanc .al Marar:ier apJointed under th7: Local GovPrnment
ResponsibilitNa Ac,, Act No 10 4 of the Public Acts of 1985, beinp_sections
141 1101 to 14-1 '118 of the Mi[:h.parl CzynDilect Lawand those individual Deleted:,
MUNICIPALITY employees or agents whose specific job responsibilities mandate the
enforcement of state statutes Of local ordinances such as the Fire Marshall, Engineering
or Housing Inspector, Ordinance Officer, or Weighmaster.
d. " AGENT" shall be defined to include any and all MUMCIPALITY or COUNTY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors. successors, attorneys, or auditors. other than MUNICIPALITY and
COUNTY OFFICIALS as defined above (whether such persons act, or acted. in their
personal, representative, or official capacities, and/or any and all persons acting by,
through, under, or in concert with any of them.
"MUNiCIPALITY LIAISON" shall be, defined as :the Emernence Finarc:d Deleted: thE
Manager appointed under the -oca! Gove -nment Fisuai Responsibility Act; Act No: :10'
of tie Public Acts of 988, beim sect ons 141,1 101 f:1 ',4'; 1118 of the Michigan
Compiled Law5 and if no Ernmencv Financial Monaoer is in place, the chief elected
official of the MUNICIPALITY-(l.e., City Mayor or Township Supervisor) or such other
individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity
for all purposes under this Agreement ..
f. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted
fur and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. Tne 0.C.S.O.
LIAISON will generally-be the commanding officer, if one, or a SHERIFF'S DEPUTY
designatec, in writing, by the SHERIFF to perform this function.
10.1E10
9. "LAW ENFORCEMENT SERVICES' and for all purposes under this Agreement
snail be defined and interpreted as the prevention and detection of crime and the
enforcement of the general criminal laws of this state, as proviced for by state statutes
and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor
vehicle and traffic ordinance violations and laws of this state, and shall also include road
patrol. crime detection, crime prevention, and criminal apprehension, as well as any
necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public
safety. a breach of peace, civil nfractions, accidents or accidental injuries, and any
related governmental taw enforcement functions as authorized and/or mandated by law
as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES
contracted for by the MUNICIPALITY in this Agreement. The governmental LAW
ENFORCEMENT SERVICES contemplated and to be provided undv Ns Agreement
are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized
0.0 3.0 2011 LAW ENFORCEMENT SERVICES AGREEMENT SIVITH THE CITY OF PONTIAC
Page 2
Deleted; 5
by law to be performed by the 0.C.S.0. LAVv- ENFORCEMENT SEPN'!"-.;ES !.•,311 ar:u
ircrjle t19 necesSar\,. and IEN;;Fiko- tecluired clrie tc, State ar-o-ter9)
otices or. t)E-4). ci heMUNICIPAL:TY aro . ads • Deleted: suaemm
reciurea [Iv iVICL 257.61:3c
h "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I Patrol Investigator, Detective
Sergeant, or any other person or persons of any rank, classification, or title who,
pursuant to state law, is a sworn Deputy of the SHERIFF. The 0.C.S.D. areas hat i.11
full-tine V...INICPAL.;TY Patrol Officers, Deteckves, Sergeants. _ieAerants, Caotail
and toe Chief are eligible to apply and, in toe Sheriff's sot d!scretior., may be nired 2.Q
provisional SHE.RTF'S DEPUTIES for the 0.0_5.0. If 'they (a') are currently licenser! ov
the WNqan 0:-.ITTIMZSSiOn O Law Enforcement Standards lb; satisfactorilv_pu_ss
backgroupc ;nvestioation and era, irte-vew (c) pass e phvsic xaminaion ono (d;
Pass a drug screer. 1-'7E; :Merit retains exclusive discretion in the screeninc and hirInq
•rocess and netnin• ir this A reernent should be Construed tu uaran - ••g for
any M,)NICiPAL TY Patrol Officer, Detective, Sergeant. Lieutenants, 'Cactain or Coief
Arai the CC.r,...iNTY ardor me Cr,:;.SO,
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED
TO MUNICIPALITY (hereafter "SCHEDULE A"), wh‘ch is attached to, incorporated in and made
part of this Agreement, to perform any and all 0.C.S.O. LAW ENFORCEMENT SERVICES
contemplated in this Agreement within the-ooroorate limits :of the MUNICIPALITY, including all
private roads LAW ENFORCEMENT-SERVICES, as defined above, shall not include 0.C.S.C.
police-related "Support Services' such as Marine Division, Arson Investigation, Detective and
Crime Lab services, which the 0.0,5.0. now provides on a County-Wde basis, unless expressly
stated to the contrary herein Nevertheless; such additional "Support Senrices - shall continue to
be made evadable, at :no additional cost to the MUNICIPALITY, to toe same extent that the
0 C.S.O. continues to make such law enforcement "Support Services" available, at no additional
charge, to all other communities:within Oakland -County.
e: The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement; Oe SHERIFF has only limited responsibility for LAW
ENFORCEMENT SERVICES..in.the MUNICIPALITY and is not otherwise required,
except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S
DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional LAW
ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted
standards for police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the' MUNICIPALITY and/or any other person
or MUNICIPALITY resicent that the 0.C.S.O.'S provis,on of LAW ENFORCEMENT
SERVICES under this Agreement wIl result in any specific reduction cr prevention of
criminal activity within the MUNICIPALITY or any othe- performance-based outcome_
3. Trio 0.C.S.0 and the MUNICIPALITY agree that the sole and exclusive purpose of tilts
Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the
MUNICIPALITY. Except as otnerwise expressly provided for in this Agreement. the
MUNICIPALITY agrees that this Agreement dues not, and is not intended to. create, by
implication or otherwise, any specific, direct or indirect obligatior, duty, promise, benefit, and/or
Deleted; 5
; 1c.lt.13
0.C.S.O. 2311 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 3
' special rignt to 0.CS.C.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any
particular person(s) eeyonc the 0.C.S.0,'S and/or any SHERIFF'S DEPUTY'S law enforcement
officer duty, as established under existing Lew, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY, as provided for .n SCHEDULE A. shall work, during those hours for which the
MUNICIPALiTY is being charged, only on MUNICIPALITY-related police matters. it is
understooc and agreed. however. that "Mutual Aid" between communities may be provided to
surrounding communities. "Mutual Aid." as used in the previous sentence, means that any
SHERIFF'S DEPUTY eontracted for and assigned to trte MUNICIPALITY may be absent from
the MUNICIPALITY at MUNICIPALITY expense, when temporarily called to the aid of another
commurety cue to an emergency or other exceptional circumstance or because a SHERIFF'S
DEPUTY possesses some special skill or cualifieation temporarily needed in that other
community.
5. Uncle.. the terms of tiis Agreement the 0.C.S.O. shall assign-to the MUNICIPALITY tee
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown Fri SCHEDULE A to perform all of the
LAW ENFORCEMENT SERVICES contemplated under this Agreement As used throughout
this Agreement. any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in
SCHEDULE A shall be defined and quantified as EIGHTY (80) HOURS of LAW
ENFORCEMENT SERVICES during a biweekly period by any SHERIFF'S DEPUTY of the
specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for ape assigned by the
SHERIFF to provicie LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
a. Except as may otherwise be expressly provided in this subparagraph Or in
SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to
provice LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the
MUNICIPALITY geographical area, due to any of the reasons described in
subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward
trie EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period
in which it oecerred. -
1. fraveI time, on a daily basis, to or from the 0.C.S.O. in Pontiac, Michigan,
at the beginning Or end of .any shift by any SHERIFF'S DEPUTY, if that
SHERIFF'S DEPUTY'S shift starts or ends in Pontiac:
2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per
calendar year) at any 0 C.S.O. authorized or required training session, function or
meeting;
3. Provision of any Mutual Aid as described and defined above;
4. Appearance in any Court Or at any meeting with any other law
enforcement agency in connection wite any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities;
5_ Perfcrmarce of any LAW ENFORCEMENT SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
6. Any approved period of annual leave, sick leave, haday leave. personal
leave, or any other approved, paid kaave (except any paid disciplieary leave
and/or long-term disablity leave extending beyond a period of five (5) working
Deleted: 5
O. 2011 LAW ENFORcEmENT SERVICES AGREEMENT WITH THE CITY OF PO NTIAC
Page 4
10.1L,10
days) granted to ary SHERIFF'S DEPUTY in accordance with applicable
0.C.S.O. policies. Procedures, andfor employment contracts.
b. Subject to the SHERIFF'S right to consolidate the assigred shifts of SHERIFF'S
DEPUTIES in order to concentrate law enforcement efforts to meet particular law
enforcement priorities arid needs, the SHERIFF shall assign shifts to SHERIFFS
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
c. All 0.C.S.O. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LlAISON at the 0.C.S.O., by appointment, during normal business
hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide
prioritization of resources and law enforeemenr. needs, any SHERIFF'S DEPUTY'S ';..AW
ENFORCEMENT SERVICES, beyond the EIGHTY .(66) HOURS of LAW ENFORCEMENT
SERVICES during a bi-weekly period, as provided for ir this Agreement, may be made available
by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred cue
to late calls, report writing. court appearances, emergencies, or holiday pay overtime, as shown
in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULES") which is attached to. incorporated
in and made a part of this Agreement, all other overtime charges incurred hy -any SHERIFF'S
DEPUTY, which are charged to the MUNICIPALITY, shall be approved. in advance, in writing. by
the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES provided shall be invoice° to and paid by the MUNICIPALITY
directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY
RATES (hereafter "SCHEDULE C") which is attachedle, incorporated in and made a part of this
Agreement, and shall be in addition to ary amounts otherwise due and owing under the terms of
tnis Agreement. If, however, in the unlii<eiy event that the 0.C.S.O. is able to provide any
SHERIFF'S DEPUTY'S LAW ENFORCEMENT .SERVICES as requested by the MUNICIPALITY
in addition to the EIGHTY (BM HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly
period, as pfovidedlor in this Agreement,without .the 0.0.50. actually incurring any direct or
indirect obligation to pay any overtime premiUmto any SHERIFF'S DEPUTY as a result. the
Regular Hourly Rates shOwn in SCHEDULE C for those additional hours of LAW
ENFORCEMENT SERVICES for which the 0.C.S.O. does not incur any overtime obligation
shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein All holiday pay
ciarges to the MUNICIPALITY shall be calculated and invoi ced in accordance with
SCHEDULE B.
7 The lvtUNlOIPALITY shall not have the right under this Agreement to ass.gn, delegate, or
otherwise. transfer, promise, commit, or lend any 0,C.S.O.'S or SHERIFF'S DEPUTY'S services,
duties, or opligations under this Agreement to any other public or private person, corporation,
entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for
any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S
DEPUTIES services contracted for in SCHEDULE A. due to some unusual MUNICIPALITv
circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW
ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional
LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e.,
preceding Paragraph).
E. The MUNICIPALITY will pay the C.C.S O. for all SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES rendered oursuant to this Agreement at the bi-weekly rates shown
SCHEDULE A. The MUNiCIPALITY further agrees to reimburse the 0.C.S.O. far any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.0.50. in
cc so. 2Q11 LAW ENFORCEMENT SERVICES AGREEMENT wiTH THE ciTY OF I" ONTIAt;
Page 5
ic.i io
Deleted; 5
Deieted;
providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under tee terms of this
Agreement. For eveny oi-weekly period (corresponding to establshed 0.C.S.C. payroll periods)
during which any SHERFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the
MUNICIPALITY under the terms of this Agreement, the 0.C.S.O. shall prepare and send to the
MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S
DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any
cearges for any additional hours of work, overtime, and/or noJday pay. as provided for herein,
during that bi-weekly billing period. Ali overtime charges are to be itemized and designated for
the reason incurred. The MUNlCIPALITY agrees to pay to tne COUNTY the full amounts due on
any such invoice within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts
required under this Agreement the MUNICIPAL:TY agrees that upon notice from the Oakland
County Treasurer to the Treasurer of the State of Michigan (or any other State of Michgian
official authoirized to disburse funds to the MUNICIPALITY), the State of Michgien Is authoirized
to withold any fueds due the MUNICIPALITY from the State and assign those funds to partially
or completely offset any deficiency by the MUNCIPAL1TY to the County. Such funds shall be
paid directly to the COUNTY Furthee the MUNCIPALITY waives any claims against the State
or COUNTY, or their respective officials, forany such amounts paid to the COUNTY.
Furthermore, snould the MUNICIPALITY fait for any reason to timely Day the..COUNTY the
amounts required unaer this Agreement, the County Treasurer shall be entitled to set-off and
retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund 'DTERn) or
any other source o fends due to.the tvIUNCIPALiTY in 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 aftassignment unless expressly prohibited by law. Such a
transfer shali be considered an ass.gnment by the MUNICIPALITY to the COUNTY Further, the
MUNICIPALITY vva ivesany claims against the COUNTY, or Its officials, for any such amounts
paic to the COUNTY. 'Nothing in this Agreement shaf operate to limit in any way the COUNTY'S
right to pursue any.cither legal remedies against the MUNCIPALITY for the reimbursement of
amounts due the COUNTY 1.ncleethis Agreement. The remedies in this paragraph are available
to the COUNTY an an ongoing and •successive basis, as the MUNICIPALITY becomes
oelinquent in its payments. • . • --
10. The MUNICIPALITY and the 0.C.S.O. agree and warrant that neither the 0.C.S.O. nor
any SHERIFFS DEPUTY, by virtue of this Agreement or otherwise, shall be considered or
claimed to be an. employee of the MUNICIPALITY and further agree that, at all times and for all
purposes under the terms a' this Agreement, the 0.C_S_O.'S legal status and relationship to the
MUNICIPALITY shall be that afar INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment
status and/or employmenteelationship exists between any SHERIFF'S DEPUTY and the
MUNICIPALITY.
it The MUNICIPALITY and the 0 C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.C.S.O. shall remain the sole and exc:Fusive employer
of all SHERIFF'S DEPUTIES and that the 0.C.S.O. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, comneneation, overtime
wages, expenses. fringe benefits, pension or retirement benefits. travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but net limited to, workers' disability compensation, unemployment
compensation. Socia: Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based„ in any way, upon any SHERIFrs
DEPUTY'S status as an erreieyee of the OCSC Except as expressly provided otherwise in
this Agreement, the MUNICIPALITY shall rat grant, give, allow, pay, reimburse compensate, or
0.0 .S.O. 2411 LAW ENFORCEMENT SERVICES AGREEMENT WITVI THE CITY OF PONTIAC,
Pagg
10.1rO
17
Deleted: It :
; Deleted; eecides
I Deleted; offer ie
! Deleted: s
Deleted: 5;lall only.
; otherwise provice any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement : consideration (monetary or otherwise) or any other thing
of value, either directly or indirectly, to, for the use by, or or behalf of, any individual SHERIFF'S
DEPUTY. Any consideration, monetary or otherwise. g.aJ directly to the COUNTY and/or any
personal Property, automobiles, or any portable eauipment (e.g., portable telephones, portable
computers, beepers etc.) supplied, provided, and/or leased directly to the COUNTY shall not,
for any purpose of this Agreement. De interpreted as being provided by the MUNICIPALITY,
either directly or indirectly, to, for the USG by, or on behalf of, any individual SHERIFF'S
DEPUTY.
12. The MUNICIPALITY may. in its dscretion, in such iocations and circumstances as it
decides, provide suitable office space, office equipment, all reouired utilities and related
facilities (e.g., desks, cna:rs. copying machines, fax machines, typewriters, permanently installed
telephones, lockers, locker room facilities, uniform changing areas, etc.) 'n MUNICIPALITY-
owned or leased buildings to the O.C.S:0, for use Dy SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the
C.C.S.0: may provide or supplement any existing .desks, chairs, copying machines, fax
machines: etc. located in tile MUNICIPALITY Sub-Station with 0,C.S.O..personal property and
equipment The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a
Sub-Station for 0.C,S,0 use by minimizing the time spent by SHERIFF'S DEPUTIES assigned
to the MUNICIPALITY driving from the main 0.C.&C. Law Enforcement Complex in Pontiac,
Michigan, to the MUNICIPALTY to perform certain paper and tlese work and eilminating the
"lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to
the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the
main 0,C,S.O. Law Enforcement Complex instead of within'the MUNICIPAL:TY. The
MUNICIPALITY'S provisior of any Sub-Station facilities and/or the use of any Sub-Station
facilities by the 0.C.S,O. shall be by mutual agreement anci nsent of the parties. Under no
circumstances shall the MUNIC.:IPAL:TY be 'obligated under toe terms of this Agreement to
provide any suoh Sub-Station facilities, nor shall the 0.C.S.O. be obligated to use any such Sub-
Station facilities if offered- he MUNICIPALITY has ciecided it will provide the 0.c.s.0. with
Sub Station facilities and the 0.0S.C.. has agreeg.to use such Sub Station facilities, suble.e1 to
the following terms and conditions,: • _ •
a Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a
revocable, nonexclusive License overthat portion of such MUNICIPALITY premises for
use by the 0.C.S.0. anc SHERIFF'S DEPUTIES ass gned to the MUNICIPALITY.
b. The MUNICIPALITY will be responsible for maintenance of the premises, which
includes: any necessary repairs, improvements, installation and maintenance of all
necessary security locks, devices and fire safety devices and safety precautions,
reconstructon, custodial services, including rubbish one trash removal for the
and also includes the provision of utilities required to operate the facility for the purposes
of this 'ucense, including, but not limited to. heat, air conditioning, power, and water (but
exclucing any monthly telephone charges for permanently installed Sub-Station
telephone) at no cost to the 0.C.S.O.
c. Use of the Sub-Station License shal: end upon the termination Or expiration of
this Agreement as provided rerein. Any such Sub-Station License shad aso be
terminaDle, at any trne and for any reason, by either the MUNICIPALITY, the COUNTY,
or the SHERIPF
SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station
facilites and equipment The MUNICPALry agrees that the MUNICIPALITY and the
1111UNCIPALITY'S Vsurance Carrier will waive all rights of subrogation against
Deleted: 5
0.0.5 0.2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CI-Y OF PONTIAC
Page 7
I io.it.i o
Deleted; The WC FA-1—`•
I LIAISON may eor:E.t t's 00.50
I 0AI5OF: as clehheq asove to
request advise or othe'wiss Take
OCSO aware of sat/ eu sr hew
erforcernent reeas arts BerVirdeS
wear the PAL17( 1:1•10
ofevIde ci0e releva^t mit:maim
wrac:h has corn IC he atte-itton s' the
9'JNIZAPALIre L AEON
Deleted: 5
OAKLAND COUNTY for any loss or damage to the Sue-Station premises or property
therein which is owned or insured by the Municipality. The MUNICIPALITY will provide
the COUNTY with a Certificate of insurance that contains the following language: "The
MUNICIPALITY and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oaeland County for any loss or damage to premises or property
owned by or insured by the MUNICIPALITY" The MUNICIPALITY will provide th.s
Certificate of Insurance to Jennifer Brantley, Oakland County Sheriff's Office, County
Service Center, Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044
prior to January 1, 2011. Al: Certificates of Insurance are subject to approve. by the
Oakland County Cfliee of Risk Management.
13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this
Agreement does not, and is not ritendee to, transfer, delegate, or assign to the COUNTY, the
SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of
care, or liability associated with any governmental function delegated and/or entrusted to the
MUNICIPALITY under existing law.
14. Except as expressiy provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shah i perform any services dire* or
otherwise be available to perform any other work or assignments, arid no SHERIFF'S DEPUTY
shali be otherwise employed or utilized, in any manner or capacey, by the MUNICIPALITY_
15. The 0.0.5.0. :JASON will maintain recuIar lines of communication with the
MUNi."..L`PAL.1 7`.' LKSON and wid tx responsive tc admintstrat.ve and operationA; needs of the
MUNICIPAL 1 —`-". he ',IC S.O. -IASON will:be avai .zNe tomeet week,y cr when otherwise
renuested by thE: MUNI:',PAL7Y :JASON to discuss particular law enforcement needs and wiil
provide ri weekly report to the MUNCIPAUTY LIASON recardino relevant crime reports an'
sweetie!: wttnin the 1)/11N17..IPALTrY_ ...The MUNICIPALITY LIAISON may also bring to the
SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the
assignment of any SHERIFF'S DEPUTY to the'MUNICIPALI7Y. The SHERIFF shall provide the
MUNICIPALITY_ LIAISON an opportunity to interview and meet any command officers before
they are assigneno the MUNICIPAUTY;.:however, the SHERIFF'S decision on tne assignment
of any SHERIFF'S DEPUTY shall be final. The:O.C.S.O. LIAISON shall, only to the extent that
any such communication would net interfere In an ongoing criminal investigation or prosecution,
keep the MUNICIPALITY LIAISON reasonaPly informed regarding criminal and/or lee/
enforcement activities within the MUNICIPALITY and advise the MUNICPALITY LIAISON, as
soon as practicable, of any oranges in any SHERIFF'S DEPUTY contracted for and assigned to
perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the
MUNICIPALITY LIAISON shall otherwise provide, furnish or asslgn any SHERIFF'S DEPUTY
with any Joe instructions, job descriptions, job specifications, or lob duties, or in any manner
attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
0,C,S.O.'S duty or obligation under the terms of this Agreement.
16. The Mel NICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act certrary to the
terms and conditions of this Agreement, or any other questionable act(s) or erression(s), or any
allegation of same, Py any SHERIFF'S DEPUTY The MUNICIPALITY also agrees that it shall
promptly deliver to toe SHERIFF written notice and copies of any oomplaint(s), charge(s), or any
other accusation(s) or allegation(s) nf wrongdoing, whether civil or criminal in nature. which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY, The MUNICIPALeTY
agrees to cooperate with the 0,C.S.O. in any irvestigation conductec by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
0.C.S.C. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH IKE CITY OF PONT1Ac
Pap
;10 r.-10
19
Deleted:
1 Rematted: Not rlghlight
I Deleted: :-
'
ETT
I
7. The 0,C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTES with al; necessanj tools. automobiles. radios, communications equipment, firearms,
and any and all other equipment that the 0.0.5,0,, in its sole judgment, deems required or
beneficial for the completion of any 0.C.S.0.IS duty under the terms of this Agreement. The
C.C.S,O, shall also be solely ane exclusively responsible for any and all SHERIFF'S DEPUTIES'
business expenses, licenses, taxes, uniform or equipment costs, ineurance(s), supplies, etc.,
except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc..
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.O. by
the MUNICIPALITY at the MUNICIPALITY'S se cost and expense. in the event that the
MUNICIPALITY wants any special or additional personal property of equipment {i.e., celluiar
telephones. beepers, personal items or equipment, portable computers. automobiles,
motorcycles, etc.) to be provided, at MUNICIPALITY expense•r otherwise, to any SHERIFF'S
DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such reouests to tee
0.C.S.0. whioh shall solely decide whether such personal property or special equipment shal; be
provided. Any and at such additional personal property, portable or individual use equipment or
property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided
directly and exclusively to the 0.C.S.0., and then ONLY pursuant tO a.separate written lease
agreement between the MUNICIPALITY and the COUNTY. As intended by ris Paragraph and
elsewhere in this Agreement no personal property, supplies, or other equipment, nor the use
thereof, shall be provided or made available bythe MUNICIPALITY directly to any SHERIFF'S
DEPUTY, except through a written lease as provided for in this paragraph.
18. Each Party shall be respensibIe for any CLAIMS made against that Party and for the acts
of es Employees or AGENTS, 'rue -jeer „ e.strees that it
remaLn. LInd cort.bletely lla.bIe for any and all CI.A.IF:Ei
that .eithet arose o: nave their basis -1:*ci.r.oumetahces uf
before th(e. effective date -of tnis ?,greement,
nut not l :TtteC tu, anv wage. or 'benefit Issr,es, anv coliecti_ve
Oargaining,oblrgatioas, or any other :.:e1ated_employment rig .nts or
obligations such as wcrke. ot nerr,p:Loyrrient compenbation based
uocr any persons r.nicr,--ment by the MIJNIIPAL::.7.! trr to the
eff ective date ,.cf this Azri-eentent.
19. In any CLAIMS that may arise from the performance of this Agreement, ea& Party shall
seek its own legal representation and bear the costs associated with such representation
including any attorney fees.
20. Except as otherwise provided in this Agreement, neither Party shall have any right under
any iegal principle to be indemrded by the other Party or any of its employees or AGENTS in
connection with any CLAIM.
21. This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory, and/or other legal rignt, privilege, power, obligation, duty or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
22. Subject to the following Paragraph, this Agreement shall become effective at 12:41 A.M.,
•January 2011 or a date muteally nereed upon by the partes, and shah remeir in effect
continuously until it expires, without any further act or notice being required by either party, at
11:59 P.M. on December 31, 2411. In addition, any party may terminate this Agreement, prior to
Its December 31, 2011 expiration, upon written notification to all others at least ore hundred and
eianty (1130) days prior to the proposed termination date, which date shafl be clearly stated in the
written notice. Upon the expiration or temlination of this Agreement, all further 0:C.S.O.'S
0.C.5.0. 2511 LAW ENFORCEMENT SERVICES AOREFMENT yo%TH THE CITY OF F'ONItAC
Pne 9
;
Deleted: Jaluerd 1 20^ '
Formatted: Jode,,7e. Not 1.19t.. g't
Deleted: 5
20
Formatted: Jillerline, Not ^ht
Deleted: 'r .7.:qiverr. LT
Formatted: ;„rderiine, Not i-i..ghlight
Deleted: Governing Bocy
Formatted: JnOeiline, Not i-i.ghlieht
Deleted: a:. Ii. d-r3C. c- -frrr
reitr, 1 narryir•rrt r flit
t-c
F ri.AANAt3E.'n
Int ETliovrer-
Cfner
Formatted: Not Highiigr,t
Formatted: LInce0 re, Not ,,,crnitco.v,-
Deleted: Hircrr.; ard
Formatted: ',./r.derone
obligations to provide LAW ENFORCE-MEN-1 SERVICES to the MUNICIPALITY under this
Agreement shal. end.
23. Tnis Agreement, ard any subsequent amendments, shall not become effective prior to
the approval by the COUNTY Board of Commissioners, the duly appointer:: Emeroenok ,EiacraI
;Vi fffice or. { no Em nCy FinEincia
Manaoe- i cuntntiv arinotrited by resoitrion or the MUNICIPALITY Govern no, Body. The
approval and terms of this Agreement shall be entered in the offic4 minutes end proceedings of
the COUNTY Board of Commissioners and MUNICIPALITY,and snail also be filed with the office
of the Clerk fo r the COUNTY anC the M'LiNICIPALITY In addidon, this Agreement and any
subsequent amendments she be tiled with the Secretary of State for the State of Michigan by
tne 0.C.S 0. and shall not become effective or implemented prior to its filing with the Secretary
of State.
24. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.C.S.0„ in
writing, of this intent no later than July 31, 2011. If the MUNICIPALITY, as above, notifies the
0.C.S.O. of its intent to enter into a new agreement, and the 0.C.S.O. has a similar interest, the
0,C.S.O. shall'oresent the MUNICIPALITY with a rew proposed agreement for continued LAW
ENFORCEMENT SERVICES or, or before, August 22;2011. in no event shall this oaragraph
be interpreted to co.igate the 0.C.S.O. or the MUNICIPALITY to continue any Agreement or any
LAW ENFORCEMENT SERVICES beyond the expiration of tnis Agreement unless a new fully
executed contract is executed bythe parties. In the event that tne MUNICIPALITY terminates
this Agreement. cr elects not to enter into e subsequent agreement because it decicies to
establish its own polte department, the MUNICIPALITY agrees to consider for employment in its
police department any S-',ERIFF'S DEPUTY whomay be laid Off by the 0.C.S.O. as a result of
this decision, but in no event she!' the MUNICIPALITY.be obligated to hire any such SHERIFF'S
DEPUTY If he Acreericnt soterrninatedior any reason tie iCIPALITY wil fully
rei1rMncp. f IT tC-'dl GC,StS in curred -bv he COUNTY as a result of the Aoreemenrs
tmainat.00 Such. custcncIude, tut are not tmited to. unorroloymert compensation clams
mule, hv Ct Ct..O employees nire3 ov the County to fulfil the :ems of this Acreerner,t.
25. The,parties shal send. by'first ciass mail. all correspondence and written notices
required or permitted by this Agreement to each signatory to this Agreement, or any signatory
successor in offioe, to the addresses shown in this Agreement. Except as otherwise provided
for herein, corresoondence or written notices soall be consiCered delivered to a party as of
the date that such notice is depositec with sufficient postage with the U.S. Postal Service.
26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, or otherwise affect or control, in any manner or at any time the terms or
conditions of employment of any SHERIFF'S DEPUTY with the D.C.S.0_, any applicable
0 C S.O. employment and/or union contract, and/or any O_C S_O, rule(s), regulation(s), hours of
work, shift assignment, oraer(s), policy(ies), procedure(s), directive( s), ethica gvderne(s). etc.,
which shall, solely anc exclusively, govern and control the employment relationship between tne
0.C.S,O, and any SHERIFFS DEPU7Y and/or the conduct and actions of any SHERIFF'S
DEPUTY. To iLustrate, but not otherwise limit this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deoutization of any SHERIFF'S DEPUTY, or any other person who. in the
SHERFE'S sole judgment, he does not beLeve is qualified or otherwise fit to be a
SHERiFF'S DEPUTY.
0.C.5.0. 2D1', LAW ENFORCEMENT SERVICES AGREEMENT VVITH THE CITY OF PONTIAC
Page 10
10,1[ .10
I Deleted: 5
21
b. The 0.C.S.O.'S sole and exclus ye right, obligation, responsibility, and discretion
to employ. compensate, assign reassign. transfer, promote. reclassify : discipline,
demote, layoff. furlough, disci-large any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits. or otherwise decide any and all such terms and conditions of employment
and make any and au employment decisions that affect, in any way, the employment of
any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining
Agreements.
c. The SHERIFF'S sole and excius;ve right, obligation, and responsibility to
determine, estaolish modify, or implement any and all operational policies, procedures,
orders. rules. regulations, ethic a: guidelines and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEP'JTY performing any 0.C.S.O. duty or obligation under the terms
of th-s Agreement.
27. The SHERIFF and the COUNTY reserveto themselves any rignts and obligations
relating to the provision of any and all poke and/or governmental LAW ENFORCEMENT
SERVICES, and ails Agreement does not, and is notintended to, diminish, delegate, divest,
impair, or contravene any constitutional, statutory, asd/or other legal rght, privilege, power.
obligation, duty. capacity, :mmunity, or character of office of either the SHERIFF, the COUNTY
and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowiedge anc
agree that this Agreement is neither intended, norshall it be interpreted, so as to create. grant,
modify, supersede, alter., or change, in any manner briorm, any right, privilege, benefit, or any
other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any
SHERIFF'S DEPUTY.or any SHERIFF'S DEPUTY'S agentN, representative(s), union(s), or the
successor(s) or assign(s) of any of them.
. -
28. This ggreament is made and entered into iii the State of Micnigan and shall in ell
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a who:e, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural nurnberahe possessive or nonoossessive, shall be deemeo to include the
other whenever the context so .indicates or requires:
Deleted: 5
0.C.S.O. 20 11 LAW ENFORCEMENT SERVICES AOREEMENT WITH THE CITY OF °ONTIAC
Page 11
, Deleted; the MUNIC'PALrry
Goyerninp betty
Deleted : ----L.--
1 formatted: Net nhIiuh
WITNESSES: CITY OF PONTIAC,
a Michigan Municipa: Corporation
29. Absent an expressly written waiver, the fai.ure of any party to aursue any right granted
uncer this Agreement shal not be deemed a waiver of Inat 79,nt with regard to any existing or
subsequent breach or defau t under tn:s Agreement No failire or delay by any party n
exercising any right, power or priviege hereuncer shier opeate as a waiver tnereof, nor shall a
single or oart.al exercise of any right. power or privilege preclude any otner or further exercise of
any other right, power or privilege,
30. This Agreement shall be :binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to The extent permterl by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them,
31, This Agreement, consistng of sixteen(16) 'pages. ncluding SCHEDULE A, SCHEDULE
B, anc SCHEDULE C (incorporated hereir), sets forth the entire Agreement betwee^ the
0.C.S.O. and the MUNICIPALITY with regard to the 0.C.S.O.'S provision of LAW
ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the
MUNICIPALITY and fully supersedes any anc all prior agreements or understandings between
them in any way related to the subject matter hereof. It is further understood and agreed that the
terms of This Agreement are oontractua" and are not mere rec'tals and that there are no ether
agreements, understandings, or representations between the C.C.S.° and the MUNICIPALITY
in any way related to the subject matter hereof, except as expressly stated herein. Tnis
Agreement shall not be changed or supplemented orafly, This Agreement may De amended
only by concurrent -esolJtions of the COUNTY Board of Commiss,oners and Errr..-;roe.icv
rinan;:la Manager aPpoimoc Lnder the Local Gs..wern ,rent clscu: R.Sljarisity!ity Act. Ac. NO
01 of the ci 1RX beinc., seotie 4t. Ii 0 to 1 -1 18 nt the Mict*ian f..,.orrnited
Laws and if rip Fmercency Firiancia Manader is In nla.'e H r ch:ef elected officia (3' ;no
VILIN!CIPALT''ii e 0 .ty Mavor o- Townsn:p Supervser',,acciording to the procedures set forth
11 Ms Agreemeht.
„IN WITNESS WHEREOF,Nicnael F. Stampfier, Ernergency rinancia, Manager, for the
MUNICIPALITY, hereby ackrowleoges that has been authorized by the Municipal Financing
Local Government Fiscal Responsibility Act. MCL 141.1201 et seq. and a Contract between
'-imself and the Loca Emergency:Financial Assistance loar Board dated June 15, 2010 (a
certified copy of which is attached) to execute this Agreement on beha,f of MUNICIPALITY and
iTereby.aocepts and o:nds the MUNICIPALITY to the terms and concitions of this Agreement on
this day a' , 2010.
BY:
MICHAEL. F. STAMPFLER
,Ernerge.ncy Financial Mar ager forrnatted: NC,1:11971.97:
IN WITNESS WHEREOF, BILL B,ThLARD, JR,, Cnalrperson, Oakland County Board of
Comm.ss:oners, hereby acknowledges tat he has been authorized ay a resolution of the
Oeklan County Board of Commissioners (a certified copy of which is attached) to execute this
Agreement on be.harr of the COUNTY OF OAKLAND and hereby accepts and binds the
COUNTY OP OAKLAND to the terms and cond;tions of the Agreement on this day of
2010
Deleted: 5
0.0 .S .0. 2011 LAIN ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Pape 12
10.100
23
WITNESS: COUNTY OF OAKLAND, a Mthgan
Municipal Corporation
BY:
BILL BULLARD. JR,
Cha roerson. Oakland County Board
of Com rn issxmers
IN WITNESS WHEREOF MICHAEL J BOUCHARD, in Its official capacity as the Oaxland
County Sheriff, a Mic,higar CoWitutional Officer,hereby accepts and birds the COUNTY OF
OAKLAND to the terms and conditions of the Agreement or, this day of
. 20' O.
WITNESS. OAKLAND COUNTY SHERIFF, a Mic"Igan
Constitutor at Officer
BY:
MICHAEL.J. BOUCHARD.
Oakland County Sheriff
Formatted: No whdowlireria ,
contra., -wiz- Not DI. 3.5
Deleted: 5
j 10.1r.10
0.c S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WTH 'MS C'TY OF PONTIAC
Rp9a 13
24
SCHEDULE A
HFPFS DrPl1TIFS CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
p, Deleted: 17
$5,72.51
$5,225.70
1 £b.67.43
Deputy II (no-fill)
Deputy II lno-fillino-vehicle)
$4,66723
$4,427,50
, Patrol Investigator (no-fill)
Deputy I (no-fill;
$4,812.89
S3,721.25
4 or 5
U,5timote1 Overtime
.-Frorrt desk end. build'nri
. security bv:PTNE Deputies-
12 flours Der day/7 clays pe.7'
week
TOTAL
SO7 ', .368.00
1.•- Formatted: Left
$7,.4.4.96.00
I Deleted:
i Formatted: Nit C 45. Sbace ;
E.Dfo,D. so ac ExaCtly 9
Dt
Deleted:
Deleted: 11
Rank(s) of
SHERIFF'S DEPJ7IES
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (wifill)
Number(s) of B'-Weekly Charge _
Sheriffs Deputies , to Muftcipallty pc 7 calciaz-r ve
Contracted i in 20't 1
$600.76
! $5,554.46
Formatted Table
NOTE. For each PATROL DEPUTY II (WITH PILL-1N) identified above ONLY the 0.C.S.O. chat'.
at no additionai cost to the MUNICAPAXY, provide a substitute (I e., SHERIFF'S
DEPUTY to provide 'LAW ENFORCEMENT SERVICES to the MUNICIPAL:TY whenever a
PATROL DEPUTY II MIT-1 F1LL-IN) is absent from the MUNICIPALITY during any 50 hour bi-
weekly perioo for any mason except those reasons enLJrnerated in Paragraph 5/a)/ ".) through
Paragraph 5(05) above.,NOTE7 No Trainees shall be assigned by the 0.C.S.O, to perform the
duties of any SHERIF'S DEPUTY contracted for and assigned to Perform LAW ENFORCEMENT
SERVICES under the terms of this Agreement.
' ily_75t.;'Mor 51a" E;; +:2,:j:(;.aleci PO:IC:e 5C1109 Officcr the Rchoo'
.SCHEDULE B
HOLIDAY PAY
De:eted: 5
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY CF PONTIAC
Page 14
1 O.1 .10
25
REGULAR.
R.ar.k(s) of REGU"..AR HOL:DAY
Sheriffs H.OLIDAY PAY/NOT HOLIDAY ADDITIONAL
peout!es !DAY WORKED OVERTIME' OVERTIME CHARGES
NO NOT
Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO
NOT NC7
Lieutenant OPTIONAL INCLUDED INCLUDED YES
Patrol
Sergeant YES
Detective
Sergeant YES
" Deputy II INCLUDED INCL,DED NCLUDED NO
fwffill)
' Deputy II NOT NO.7 NOT YES
(no-fill) INCLUDED INCLUDED INCLUDED
Deputy ff
" (no-fill/no- YES
vehicle)
'' -- " Patrol YES
investigator
(no.fIII)
- - .. Deputy I „ YES
(no-fill)
NOTE_ As used above 'INC WDED" or 'NOT !NCLUDED" refers to wnether or not these costs have been
indiuced in the Bi-LV.Veekly Charges shown in SCHEDULE A.
'Silied at Regwar Hourly Rate, SCHEDULE C; Induced 5 Paid Leave Days in Lieu a' 3 HoWays_
in December corn-nunities with No-Fill Dep...,tes & II s) will be charged for 2 days f .16 mows) at the
Reg ula7 Htholy Rate.
2Sillet1 at Overtime HoJny Rale Shown In SCHEDULE C - HOURLY RATES.
:'Deoencls on Holiday Scheauie. Inoividaal WorK Schedule, and Collective Bargaining Agreement
I Deleted: 5
o 20-1; LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF 'PONTIAC
FinUe 15 I Ichic to
26
Part. Time Non-Eligible
IPTNEY-Deputv
$18.20 NLA
SCHEDULE C
HOURLY RATES
Regular Overtime
Hourly Hourly
Rate 2011 Rate
2011
Captain N/A N/A*
Lieutenant $56.9' $85.36
Patrol Sergeant $51.73 $77.60
Detective Sergeant $51.73 $77.60
Deputy H (w/fill) $44.99 $67.46
Deputy II (no/fill) $44.99 $67.48
Deputy II (no-fill/no-vehicle) $44.99 $67.48
Patrol Investigator (no-fill) $44.99 $67.48
Deputy I (no-fill) $33.47 $5021
Deleted: 5
I 10...10
0.C.S.O. 2111 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page it.
27
Resolution #10295 November 3, 2010
The Chairperson referred the resolution to the Human Resources Committee and Finance
Committee. There were no objections.
Salaries
Overtime
Social Sec.
Retirement
Hospitalization
Group Life
Workers Comp
Disability
Unemployment
Dental
Optical 150
Uniforms 2,250
Salaries 3,093,736
Overtime 1,520,690
Social Sec. 232,551
Retirement 1,013,675
$ 166,923
293,478
12,770
55.853
29,145
734
2,070
518
734
2,671
FY 2012
$10,040,972
$10,040,972
FY 2013
$10,040,972
$10,040,972
$ 222,564
391,312
17,026
74,470
38,860
979
2,760
690
979
3,561
200
3,000
4.124,981
2,025,586
310,068
1,351,567
$ 222,564
391,312
17,026
74.470
38.860
979
2,760
690
979
3,561
200
3,000
4,124,981
2, 025.586
310,068
1.351.567
FISCAL NOTE (MISC. #10295)
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF
PONTIAC
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 Pontiac has requested to enter into contract with the Oakland County Sheriffs
Office to provide patrol services for the City of Pontiac.
2. Miscellaneous Resolutions #10261 & #10262 authorized the established patrol contract
and overtime rates for calendar year 2011.
3, The total annual contract price is $10.259,969 as established through negotiations with
the Emergency Financial Manager of the City of Pontiac for all services included in the
contract agreement.
4. The contract period is effective January 1, 2011 through December 31, 2011.
5. The contract agreement includes the creation of one (1) Captain, two (2) Lieutenants.
one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators, fifty-
four (54) Deputy 11 (no-fill) positions, and five (5) GF/GP PTNE 900 hours/year Court
Deputy II positions.
6. The Sheriff is also requesting six (6) additional Dispatch Specialists in the
Communications Unit.
7. To fulfill this contract will require the procurement of twelve (12) unmarked vehicles and
twenty-two (22) patrol vehicles with video cameras and MDC's , thirty-four (34) mobile
radios, and thirty-four (34) prep radios; the capital cost requirements have not been
determined at this time.
8. With this contract agreement, the portion of total costs for positions and operating
expenses attributed to the Oakland County Sheriff's Office equates to $7,530,729 for FY
2011 and $10,040 ;972 for FY 2012 and FY 2013, while the City of Pontiac will incur the
remaining annual cost of $218,997 based the contract rate schedule for Dispatch
services during the period of Januaryl, 2011 through December 31, 2011.
9. The budget is amended for FY 2011 through FY 2013 as follows to reflect the revenue
and expenditures associated with the Sheriff's Office budget as follows:
December 9, 2010
GENERAL FUND (#10100)
Sheriff Patrol Services Revenues
4030601-116180-632093-40420 She'. Sp. Dee
Total Revenues
Sheriff Patrol Services Expenditures
4030501-116230-702010
4030501-116230-712020
4030501-116230-722790
4030501-116230-722770
4030501-116230-722760
4030501-116230-722760
4030501-116230-722750
4030501-116230-722810
4030501-116230-722820
4030501-116230-722800
4030501-116230-722850
4030501-116230-750581
4030601-116180-702010
4030601-116180-712020
4030601-116180-722790
4030601-116180-722770
FINANCE COMMITTEE:
Ayes: Long, Potts, Taub, Gingen, Douglas, Middleton
Nays: Zack, Coulter, Greimel
Absent: Woodward
Motion carried on a roll call vote.
FY 2011
$7530729
$7 530,729
4030601-116180-722780
4030601-116180-722760
4030601-116180-722750
4030601-116180-722810
4030601-116180-722820
4030601-116180-722800
4030601-116180-722850
4030601-116180-750070
4030601-116180-750581
4030601-116180-730653
4030601-116180-774677
4030601-116180-773535
4030601-116180-776659
4030601-116180-776661
Total Expenditures
Hospitalization 528,565
Group Life 13,320
Workers Comp 38,363
Disability 9,385
Unemployment 13,613
Dental 48,437
Optical 2,725
Deputy Supplies 21,857
Uniforms 26,294
Equip Rental 41,292
Insurance Fund 45,233
CLEMIS 9,047
Motor Pool Fuel 75,000
Motor Pool 229,640
704,753 704,753
17,760 17,760
51 150 51,150
12,513 12,513
18,150 18,150
64,582 64,582
3,633 3,533
29,156 29,156
37,058 37,058
55,056 55,056
60,310 60,310
12,062 12,062
100,000 100,000
306,186 306,186
$7.530,729 $10,040,972 $10,040,972
Resolution #10295 December 9, 2010
Moved by Runestal supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Runestad supported by Long the resolution be amended as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached contract with the City of Pontiac and authorizes the Chairperson of the
Oakland County Board of Commissioners to sign and execute the agreement for one (1)
Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol
Investigators and fifty-four (54) Deputy II (no-fill).
BE IT FURHER RESOLVED that one (1) GFIGP Captain, two (2) GF/GP Lieutenants, seven (7)
GFIGP Sergeants. and sixty-four (64) GF/GP Deputy II position's be created in the Contracted
Patrol Unit, Patrol Services Division of the Sheriffs Office.
BE IT FURHER RESOLVED that five (5) GF/GP part-time non-eligible 900 hours/year Court
Deputy II positions be created in the Patrol Unit, Patrol Services division of the Sheriffs
Office to provide building security for the proposed sub station in Pontiac.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greimel supported by Coleman the resolution be amended as follows:
Motion to ensure that Pontiac's mayor and city council president are enabled to express concerns
regarding the assignment of sheriffs deputies to the city by amending the proposed Sheriffs Department
contract as follows:
(1) Adding the following subsection i. under section 1:
"ELECTED REPRESENTATIVES" shall be defined, for all purposes under this Agreement,
as the Mayor of the City of Pontiac and the President of the Pontiac City Council.
(2) Amending the third sentence in section 15 to read as follows:
The MUNICIPALITY LIASION and/or the ELECTED REPRESENTATIVES may bring to the
SHERIFF'S attention any concerns that they have regarding the assignment of any
SHERIFF'S DEPUTY to the MUNICIPALITY.
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greirnel supported by Coleman the resolution be amended as follows:
Motion to ensure that Pontiac's mayor and city council president are allowed to interview and meet any
command officers before they are assigned to the city by amending the proposed Sheriffs Department
contract as follows;
(2) Amending the fourth sentence in section 15 to read as follows:
The SHERIFF shall provide the MUNICIPALITY LIASION and the ELECTED
REPRESENTATIVES an opportunity to interview and meet any command officers before
they are assigned to the Municipality, however, the SHERIFF'S decision on the assignment
of any SHERIFF'S DEPUTY shall be final.
A sufficient majority not having voted in favor, the amendment failed.
Business Manager Sheriff, Dale Cunningham addressed the Board.
Commissioner Tim Greimel challenged Chairpersor Bill Bullard, Jr. regarding the number of votes that's
needed to pass an amendment.
Chairperson Bill Bullard, Jr., called a brief recess.
Chairperson Bill Bullard, Jr., cal( Board back to order.
Chairperson Bill Bullard, Jr, addressed the Board, regarding the two (2) previous amendments that were
before the Board, moved by Greimel supported by Coleman with a sufficient majority having voted in
favor, has carried.
Discussion followed.
Chairperson Bill Bullard, Jr., called a brief recess.
Chairperson Bill Bullard, Jr., called the Board back to order.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greimel supported by Coleman the resolution be amended as follows:
Motion to create a Pontiac Citizens Law Enforcement Advisory Committee by amending the proposed
Sheriffs Department contract as follows:
(2) Adding the following paragraph to the end of Section 15 of the proposed Sheriff's Department
contract:
The COUNTY Board of Commissioners requests that the MUNICIPALITY create a Citizens
Law Enforcement Advisory Committee, composed of up to seven (7) residents of the City
of Pontiac. The COUNTY Board of Commissioners suggests that the members of such a
Citizens Law Enforcement Advisory Committee be nominated by the Mayor of the
MUNICIPALITY subject to the approval of a majority of the MUNICIPALITY'S city council
members voting at an official city council meeting held in accordance with the
MUNICIPALITY'S charter and Michigan's Open Meeting Act. Once formed, the Citizens Law
Enforcement Advisory Committee shall be empowered to receive and review any concerns
and complaints about the conduct or alleged conduct of any SHERIFF'S DEPUTY OR
SHERIFF'S DEPUTIES assigned to the MUNICIPALITY and shall make non-binding, written
recommendations to the 0.C.S.O. LIASON, the MUNICIPALITY LIASON, and the
ELECETED REPRESENTATIVES about how to address the conduct or alleged conduct.
A sufficient majority having voted in favor, the amendment carried.
Commissioner Gingell addressed the Board.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greimel supported by Coleman the resolution be amended as follows:
Motion to ensure that Pontiac's mayor and city council president are kept informed of
communications relating to Sheriffs Department services by amending the proposed Sheriff's
Department contract as follows:
(2) Adding the following sentence after the second sentence in section 15:
The 0.C.S.O. LIASION and the MUNICIPALITY LIASON shall invite and allow the ELECTED
REPRESENTATIVES to attend all of their meetings with at least 2 days notice (unless such
meetings are called on an emergency basis and 2 days notice is not possible, in which
case as much advance notice as possible shall be given), and the 0.C.S.O. LIASION and
the MU NC IPALITY LIAISON shall contemporaneously copy the ELECTED
REPRESENTATIVES on all written communications between the 0.C.S.O. LIASION and the
MUNICIPALITY LIASION.
(3) Amending section 25 to read as follows:
The parties shall send, by first class mail, all correspondence and written notices required
or permitted by this Agreement to each signatory to this Agreement, or any signatory
successor in office, to the addresses shown in this Agreement, and shall
contemporaneously send, by first class mail, all such correspondence and written notices
to the ELECTED REPRESENTATIVES at their home addresses.
Discussion followed.
A sufficient majority having voted in favor, the amendment carried.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greimel supported by Coleman the resolution be amended as follows:
Motion to require that Pontiac's city council must approve the proposed Sheriff's Department contract in
order for it to become effective by amending the first sentence of Section 23 of the proposed Sheriff's
Department contract to read as follows:
This Agreement, and any subsequent amendments, shall not become effective prior to
their approval by all of the following: (a) the COUNTY Board of Commissioners; (b) the
duly appointed Emergency Financial Manager of the MUNICIPALITY or his successor in
office (if an Emergency Financial Manager is currently appointed); and (c) by a majority of
the MUNICIPALITY'S city council members voting at an official city council meeting held in
accordance with the MUNICIPALITY'S charter and Michigan's Open Meeting Act
(regardless of whether or not an Emergency Financial Manager is currently appointed).
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Greirnel supported by Coleman the resolution be amended as follows:
Motion to require that Pontiac's current and former police officers must receive all of their sick payouts,
vacation payouts, and other payouts owed to them in order for the contract to become effective by adding
the following sentence to the end of Section 23 of the proposed Sheriffs Department contract:
This Agreement, and any subsequent amendments, shall not become effective unless and
until the City of Pontiac pays current and former Pontiac police officers and other Pontiac
Police Department employees all sick payouts, vacation payouts, and other payouts that
they are owed.
A sufficient majority having voted in favor, the amenament carried.
Discussion followed.
Moved by Greimel supported Coleman to call the question and vote on the resolution as it stands.
AYES: Runestad, Schwartz, Woodward, Zack, Coleman, Coulter, Gershenson, Gingell, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. (16)
NAYS: Potts, Scott, Taub, Bullard, Douglas. (5)
A sufficient majority having voted in favor, the resolution, as it stands, was before the Board.
Chairperson Bill Bullard, Jr., called a brief recess.
Chairperson Bill Bullard, Jr. called the Board back to order.
Moved by Runestad supported by Middleton the resolution with fiscal note attached), as amended, be
adopted.
Vote on resolution, as amended:
AYES: Greimel, McGillivray. (2)
NAYS: Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas,
Gershenson, Gingen, Hatchett, Jackson, Jacobsen, Long, Middleton, Nash, Potts. (19)
A sufficient majority having voted opposed, the resolution (with fiscal note attached), as amended,
defeated.