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Home My WebLink AboutResolutions - 2010.12.09 - 10055PUBLIC SERVICES COMMITTEE -7 December 9, 2010 MISCELLANEOUS RESOLUTION #10325 BY: Public Services Committee ; Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON, JANUARY 1, 2011 - DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS t is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with _Townships. Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Addison Township, to provide law enforcement services to this community: and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Township of Addison has expressed an interest in entering into a new. one (1) year, law enforcement service agreement, and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph. agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Township of Addison. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriffs Office 2011 Law Enforcement Services Agreement from the Township of Addison. accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE iT FURTHER RESOLVED that the Oakland County Clerk shah maintain a tile for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same. the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that the following GF/GP 4030618-09196. 03212, 03504, 06025. 06649, 07044 ; and 09756 positions be continued in the Contracted Patrol Unit/Patrol Services Division of Inc Sheriff's Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement Chairperson. on behalf of the Public Services Committee. 1 move the adoption of the foregoing resolution. Public Services Committee Vote: Motion carried unanimously on a roll call vote OAKLAND COUNTY SHERIFF'S OFFICE 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON This Agreement is made and entered into between the TOWNSHIP OF ADDISON, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 1440 Rochester Road, Leonard, Michigan. 48367, (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, 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 4834'1-1044 (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 '0.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 .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 .0. 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 additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0,C.S .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 cf 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 CCUNTY, 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 ail 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 "IV1UNICIPAL1TY 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. liabiity, 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 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 include any and ad MUNICIPALITY representatives elected by popular vote to a MUNiC1PALIAY office or such persons appointed, pursuant to state law, to fili a vacant elected office pending an election, 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, rnanagers, 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. e. "MUNICIPALITY LIAISON" shall be the defined as 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 ail lines of communications with the MUNICIPALITY LIAISON. as defined herein. The 0.0.5.0. 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 N umber(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 by law to be performed by the 0.C.S.O. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" snail be defined to include any Captain, Lieutenant. Sergeant, Deputy II, Deputy I, Patrol Investigator. Detective Sergeant. or any other person or persons of any ranie classification, or title who, pursuant to state law. is a sworn Deputy of the SHERIFF. 0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP Or ADDISON f'gct 2 2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFFS DEPUTES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, iecorporated in and made part of this Agreement, to pefform any and all 0.C.S .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 0.0.5 .0. continues to make such law enforcement ''Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowiedges that, ex cept 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 C.C.S .0. 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 MUNICIPALITY agrees that this Agreement does not, and is not intended to. create, by implication or otherwise. any speeific, direct or indirect obligation, duty, promise. benefit, andior special right to 0.C.S.0.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.0.15 and/or any SHERIFF'S 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 te 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 :s understood and agreed. however. that "Mutual Aid" between communities may be provided to arrounding corn reunifies. "Mutual Aid," as used in the previous sentence, means that any SHERIFFS DEPUTY contracted for and assigned to the MUNICIPALITY rray be absent from tne 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 comm unity. 0.0.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP Or ADDISON Page 2 5. Jrider the terms of this Agreement, the 0,0.5.0. 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 SHERIFF'S DEPUTIES contracted for and assigred by fne SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagrapn or in SCHEDULE A, whenever any SHERIFFS 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 tow ard the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the hi-weekly 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 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 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. Any approved period o annual leave, sic x 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 per iod of five (5) working oays) 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 ano 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 O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shell be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON 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 enforcement needs, any SHERIFF'S DEPUTY'S LAW 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 4 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 avail able by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to Iate calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") 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. :n 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 M UNICFALITY directly to the COUNTY at the Overtime Heerly Rates shown ie SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C'') which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any am aunts 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 EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, w;thout the 0.0 .5.0. 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 addition& hours of LAW ENFORCEMENT SERVICES for which the 0.C.S .0. 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 MUNIC.:IPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, deiegate, or otherwise, transfer, promise. commit, or lend any 0.C.S.O.'S or SHERIFF'S DEPUTY'S serv4es. 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 unusuai MUNICIPALITY circumstances that. in the MUNICIPALITY'S ludgment, may require additional LAW ENFORCEMENT SERVICES. the MUNICIPALITY shah address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIF'ALITY will pay the 0,0.5.0. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNIC/PALITY 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.0 in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.0.5 .0. 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 toe 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 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 MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Mictigian official autnoirized to disburse funds to the MUNICIPALITY), tne State of Michgian is authoirized to vvithold any tunas due the MUNICIPALITY from the State and assign those funds to partially O_C.S,O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT MATH THE TOWN511iP OF ADDISON Page 5 11 or completely offset any deficiency oy the MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY. Further, the MUNCIPALITY waives any ciaims against the State or COUNTY. or their respective officias, for any such amounts paid to the COUNTY. Furthermore. should the MUNICIPALITY fail for any reason to timely pay the COUNTY the amounts required under this Agreement, th ,F.: County Treasurer shall be entitled to set-off and retain any amounts due the M UNICIPALITY from Delinquent Tax Revolving Fund ("DTFR") or any other source of funds due to the MU NCIPALiTY 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 COUNTY. 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 MUNICFPALITY becomes delinquent in its payments. O. 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 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 err ployment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 11. The MUNICIPALITY and the O.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 O.C.S.O. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages. corn pensation, 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 right or benefit based, in any way. upon any S HERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in tnis 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, provieed, 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 SHERIFF'S 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, iockers. locker room facilities, uniform changing areas, etc. in MUNICIPALITY-owned or leased buildings to the O.C.S .0. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page. 6 lee.../ Alternatively, the 0.C.S .0. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located In the MUNICIPALITY Sub-Station with 0.0.5.0. personal property and equipment. The MUNICIPALITY acknowledges that tne MUNICIPALITY benefits in providing a Sub-Station for C.C.S.O. use by minimizing the time spent by SHEF',1F'S DEPUTES assigned to the MUNICIPALITy driving from the main 0.C.S.0, Lew Enforcement Complex in Pontiac. Michigan, to the MUNICIPALITY to perform certain paper and desk imorK and eliminating the "lost drive time" to prov ..de LAW ENFORCEMENT SERVICES within the MUNICIPALiTY due to the fact that S FiERIFF'S DEPUTIES otherwise would egin and end the wcrk shift(s) at the main 0.C.S.O. Law Enforcement Cornpiex instead of within me MUNICIDALITY. The MUNICIPALITY'S provision of any Sub-Station facilities andicr tn use of any Sub-Station facilities by the 0.C.S .0. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY he obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the C.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C,S .0. with Sub-Station facilities and the 0.C.S.O. agrees to use such Sub-Station facilities, the foliowing terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to ye a MUNICIPALITY grant of a revocable. nonexclusive License over that portion of such MUNICIPALITY premises for jSC by the 0.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPAUTY. 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 D.C.S .0. c. 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 tne 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 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 MUNICIPALTY 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 Oakland C ounty 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 Fast, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 prior to January 1, 2011. All Certificates of Insurance are sublect to approval by the Oakland County Office of Risk Management. 13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that tnis Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, andior any SHERIFF'S DEPUTY any civil or legai responsibility, obligation, duty of care, or liability associated with any governmental function delegated andicr entrusted to the MUNICIPALITY under existing law, 0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 7 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 MUNICIPALITY LIAISON may contact the 0.C.S .0. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.O. aware of particular law enforcement needs and services within the MUNICIPALITY. or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. 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 SHERIFFS decision on the assignment of any SHERIFFS DEPUTY shall be final. The 0.C.S.O. LIAISON shall, only to the extent that any such communication 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 S HERiFF'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 C.C.S .0.'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 SHERIFF into tne character and/or fitness of any SHERIFF'S DEPUTY. 17. The 0.0.8.0. 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 0.0 .S.O.'S duty under the terms of this Agreemeet. 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 C.O.S.°. by the MUNICIPALTY 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 0.0.5.0. which snail solely decide whetner 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_0., and then ONLY pursuant to a separate written lease agreement between the M UNICIPALlTY and tne COUNTY. As intended 0.0.5.0. 2(111 LAW ENFORCENIENT SEMMES AGREEMENT WITH THE TOWNSHIP OF ADDISON Pap 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 M UMCIPALITY directly to any SHERIFFS DEPUTY, except througn 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. 19. In any CLAIMS that may arise from the performance of this Agreement, each Party shall set-21( its own legal representation and bear The costs associated with such representation including any attorney tees, 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. THs Agreement does not, and is not intenaed to, im pair, divest, celegate 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 oeing required by either party, at 11:59 P.M. on December 3'„ 2011. In addition, any party may terminate this Agreement, prior to its December 31, 2011 expiration, upon written notification to all ethers at least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the written notice. Upon the expiration or termination ef this Agreement, all further 0.C.S.0.1S 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 concurrent resolutions of the COUNTY Board of Commissioners and 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 fvIUNICIPALITv Governing Body 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 0.0 .S.O. and shall not becorn e effective or implemented prior to its filing with the Secretary of State. 24. In the event that the M UNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.0.5 .0.. in writing, of this intent no ater than July 31, 2011. If the MUNiCiPAUTY, as above, notifies the 0.0.5.0. of its intent to enter into a new agreement, and the O.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 @graph be interpreted to obligate the 0.C.S .0. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contact is executed by the parties. In the event that the M UNICIPALTY 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 C.C.S ,O. as a result of this aecision, but in no event shall the MUNICIPALITY be oblieated to hire any such SHERIFF'S DEPUTY. 2t11 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADA SON Page 9 25. The parties shall send, by first class mail, all correspondence ano 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. 25. This Agreement is neither intended, nor shaIl it be interpreted. to create, cnange. modify. supplement, supersede. or otherwise affect or control, in cry manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.0.5.0.. any apphcable 0.C.S.0. employment and/or union contract, and/or any 0.C.S.O. rules), regulation(s), hours of work. shift assignment, order(s), policy(ies). procedure(s). directive(s), ethical guideline(s). etc., whicn shall. soiely and exclusively, govern and control tne employment relationship between the 0.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any S HER'FF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreteC to limit, modify, contra., 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 otner person who. in the SHERIFF'S sole judgment, he does not beli eve 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 ali SHERIFF'S DEPUTY'S wages, salares, 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.C.S.D, 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 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(iesk 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 requ.rod for any SHERIFF'S DEPUTY performing any 0.C.S.O. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obii ciations relating to the provision of any aria all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to. diminish, 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 SHERIFF'S DEPUTY, The COUNTY and the SHERIFF further acknowledge ano 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 rignt, 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 agent(s). representative(s), unioWs), 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 shah in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The 0.C.S.D. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON ?age 10 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, shal: 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 riot 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 shaf 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 fifteen(15) pages. including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S .0. and the MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFFS DEPUTY'S services to the MliNICIPALiTY, 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 riot mere recitals and that there are no other agreements, understandings, or representations between the 0,0.5.0. 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 the MUNICIPALITY Governing Body according to the procedures set forth in this Agreemem. 0,C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 11 WITNESSES: TOWNSHIP OF ADDISON, a Michigan Municipal Corporation IN WITNESS WHEREOF, Bruce Pearson, Supervisor, for the MUNICIPALITY, hereby acknowledges that he nes been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the M UNICIPALITY to the terms and conditions of this Agreement on this day of , BY: Bruce Pearson Supervisor BY: Pauline Bennett Clerk 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 COUNTY 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 B oard of Commissioners 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 tne Agreement on this day of , 2010. WITNESS: OAKLAND COUNTY SHERIFF. a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff C.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Pagc 12 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY RartK(s) of SHERIFF'S DEPUT ES Numper(s) of Sheriffs Deputies Contra cted Cnarge to Municipality in 201 A. Captain $6.600 76 Lieutenant $5,792.51 Patrol Sergeant $5,228.70 Detective Sergeant 1 $5,367.43 Deputy H (w)th') 4 S5.554.46 Deputy II (no-fill) 2 $4,667.23 Deputy II (no-fill/no-vehicle) $4,427.53 Patrol Investigator (no-fill) $4,812.89 Deputy I (no-fill) $3,721.20 TOTAL 7 NOTE: For eaott PATROL DEPJTY II (WTH FILL-IN) identified above, ONLY the OC.S.O. at no additional cost to the MUNICIPALITY, provide a substitute (:.e., F!LL-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- week!y period for any reason except those reasons enumerated in Paragraph 5(ar ) throup Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES tinder the terms of this Agreement. O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 13 T; SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR MOLDAY Sheriff's HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED . OVERTIME2 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL3 INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES „ Deputy II INCLUDED INCLUDED INCLUDED NO (wifill) ' Deputy 0 • NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II tt (no-fillino- „ „ " YES vehicle) Patrol YES Investigator (no-fill) ir 11 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 Bi-Weekly Charges shown in SCHEDULE A. -Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days 1:-. Lieu of 3 Holidays_ In December communities with No-Pill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. `Billed at Overtime Hourly Rate Show: in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule. Individual WorK Schedule, and Collective Bargaining Agreement. 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 14 1:] SCHEDULE C HOURLY RATES Regular Overtime Hourly Rate Hourly Rate 2011 2011 Captain N/A* NIA* Lieutenant $56.91 $85.36 Patrol Sergeant $5113 $77.60 Detective Sergeant $51.73 $77.60 Deputy II (wifill) $44.99 $67.48 Deputy ll (no/fill) $44.99 $67.48 Deputy II $44.99 $67.48 (no-fillino-vehicle) Patrol Investigator $44.99 $67.48 (no-fill) Deputy I $33.47 £50.21 (no-fill) 0.C.3.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON Page 15 FISCAL NOTE (MISC. #10325) December 9. 2010 BY: Finance Committee. Tom Middleton, Chairperson IN RE SHERIFF'S OFFICE — STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON, JANUARY 1, 2011 — DECEMBER 31, 2011 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 Charter Township of Addison has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011 4. The Township of Addison is not requesting any changes in positions or the purchase of new capital assets. 5. GF/GP positions #4030618-09196. 03212, 03504, 06025, 06649, 07044, and 09756 will be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff's Office and the number of contracted posftions at this community remains at 7. 6. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 7. No additional appropriation is required. F?ti E C(eQ1:7MIITTAria, FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. I IRBY APPROVE THE FORUING RESOLUTION Resolution #10325 December 9. 2010 Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Douglas, Gingell, Greimel, Hatchett. Jackson, Jacobsen, Long, McGilivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted, STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9th day of December, 2010. Qat Ruth Johnson, County Clerk