HomeMy WebLinkAboutResolutions - 2010.12.09 - 10059December 9, 2010
REPORT MR # 10329
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: SHERIFF'S OFFICE STANDARD LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE.
JANUARY 1.2011 — DECEMBER 31, 2011
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced
resolution on December 1, 2010 reports with the recommendation the resolution be
adopted.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES,COMMI
HUMAN RESOURCES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Capello absent
December 9, 2010
MISCELLANEOUS RESOLUTION # 10329
BY. Public Services Committee, Jim Runes:ad, Vice Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2011 - DECEMBER 31,
2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the
Sheriffs Office to enter into contracts with Townsnips, 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 Independence 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; aria
WHEREAS the Charter Township of Inaependence has expressed an interest in entering
into a new. one (1) year, law enforcement service agreement; and
WHEREAS the Charter Township of Independence is requesting that 142 of a Deputy II (no-
fill) position be shared with the Charter Township of Brandon; 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 Sheriffs Office 2011 Law Enforcement Services
Agreement with the Charter Township of Independence.
BE IT FURTHER RESOLVED that upon receipt of a final. executed °Alan County
Sheriffs Office 2011 Law Enforcement Services Agreement from the Charter Township of
Independence, accompanieo 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, he 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 shall maintain a file for the
above Agreement, and upon receipt of a final, executed copy of the above Agreement. together
with a certified copy of 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 under this new agreement one (1) Deputy II position
(4030622-10917) assigned to Independence Township provides iaw enforcement services
estimated at 1.040 hours/year to the Charter Township of Brandon and the cost of said position be
shared oy not municipaiities
BE IT FURTHER RESOLVED that the following GFiGP 4030622-07217, 06941 07218.
09578, C1558. 01770, 01841. 02594, 02692, 03210, 04711. 04713. 05573, 05690, 06C23, 07527
07841, 08117, 08118, 08119, 09627, 09628, 09877 10177_ 10384, 10525. 10916 and 10917
positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sherffs
°Mee.
BE IT FURTHER RESOLVED that the future level of service, including tne continuation of
positions be contingent upon the level of funding associated with this agreement
Chairper5on, on behalf of the Public Services Committee. I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
OAKLAND COUNTY SHERIFF'S OFFICE
2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF INDEPENDENCE
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
INDEPENDENCE, a Michigan Constitutional and Municipal Corporation and political subdivision
of the State of Michigan, located within Oakland County, whose address is 6483 Weldon Center
Drive, Clarkston, Michigan ; 48346, (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 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.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 MUNPCIPALITY may enter into an agreement where the
0.C.S.0, 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 0.0.5.0. 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'. "COUNTv
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
0.0.5.0. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Pagel
11.013.10
"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, litigation, costs, and/or expenses of any kind wnich are imposed upon,
incurred by, or asserted against a party.
b. "COUNTY OFFICIAL" shall be defined to include any anc all CaJNTY
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 or
such persons appointed, pursuant to state law, to fill 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 Marsnall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster.
d. AGENT" shall be defined to include any and all MUNICIPALITY 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.
a "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 MUNCIPAUTY LIAISON to act in this capacity for all
purposes under this Agreement..,
f. LIAISON" shall be the defined as a SHERIFF'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 tne 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.
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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.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFFS DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE /V), which 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 corporate limits of the MjNICIPALITY,
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 addlional cost to the
MUNICIPALITY, to the 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.
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 shell not
be interpreted to include any warranty, promise or guaranty, either express or imphed, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the 0.0.5,0.5 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
MUNICIPAUTY. 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, and/or
special right to 0.C.S.O.' 6 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 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 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 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
CLC.5.0, 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
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the MUNICIPALITY. at MUNICIPALITY expense, when temporarily calied 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 SHERIFF'S 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 bi-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
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
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 SHERIFF'S
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
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c. All 0.0.5.0. 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
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
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 oay overtime, as shown
in SCHEDULE 8 - HOLIDAY PAY (hereafter "SCHEDULE B") which is attacned 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 q") which is attached to, incorporated in and made a part of this
Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of
this Agreement. lf, 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 hi-weekly
period, as provided for in this Agreement, without the 0.C.S.O. 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 MUNICIPALITY as otherwise provided herein. All haday pay
charges to the MUNICIPALITY shall be calculated and invoiced in accoroance with
SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or
otherwise, transfer. promise, commit, or lend any 0.0.5.0.5 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 tne need for
any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S
DEPUTiE-S' 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).
S. The MUNICIPALITY will pay the 0.C.S.O. for all SHERIFF'S 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 0.0.8.0. in providing
LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Acreement.
For every bi-weekly period (corresponding to established 0.0.8.0. 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.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 charges for any
additional hours of work, overtime, and/or holiday pay, as provided for herein_ during tnat bi-
weekly billing period. All overtime charges are to be itemized and designated for the reasor
0.C.5.0 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
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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 Micnigan (or any other State of Michgian
official authoirized to disburse funds to the MUNICIPALITY), the State of Michgian is authoirized
to withold any funds due tne 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 MUNCIPALITY waives any claims against the State or
COUNTY, or their respective officials, far 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, the County Treasurer shall be entitled to set-off and retain any amounts
due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTFR") or any other source of
funds due to the MUNCIPALITY in possession of the County, to partially or completely offset any
deficiency by the MUNICIPAL:TY. 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 MUNCPALITY 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.
10. 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 SHERIFF'S DEPUTY and the
MUNICIPALITY.
11. The MUNICIPALITY and the C.O.S.°. 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 al; 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 reimoursements
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 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, 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
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT Wr1-1 THE CHARTER TOWNSHIP OF INDEPENDENCE
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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 offioe speue, 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.C.S.O. for use by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY, which shall 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.O. 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 Agreement to
provide any such Sub-Station facilities, nor shall the 0.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.O. with
Sub-Station facilities and the 0.C.S.O. agrees to use such Sub-Station facilities, the following
terms and conditions shall apply:
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 SHERIFFS 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
d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities
and equipment. The MUNICIPALITY agrees that the MUNICIPALTY 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 Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises-arphaperty owned by or insured by
'Me MUNICIPALITY". The MUNICIPALITY will provide this Certificate of Insurance to
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 7
11.06.10
Jennifer Brantley Oakland County Sheriffs 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 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. obligaton, duty of
care, or I:ability associated with any governmental function delegated and/or entrusted to tne
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 SHERIFFS 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 0.0.8.0. 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 SHERIFF'S decision on tile assign] Fier It
of any SHERIFF'S 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 L'AISON, as
eouri -as prat:IL:able ; 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. Notwillistandiny the ebove, 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 omissions). or any
allegation of same. by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall
promptly deiiver 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 0.0.5.0. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY
17. The 0.0.5.0. shall be solely and exc usively 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.O.'S duty under the terms of this Agreement. The
0.0.8.0. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES'
experrzes. licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc.,
except that any stationery, notices, forms. MUNICIPALITY ordinance appearance tickets, etc.,
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 8
11.08.10
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.O. by
the MUNICIPALITY at the MjNICIPALITY'S sole cost and expense. In the event that tne
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 MUNCIPALITY, the MUNICIPALITY shall direct such requests to the
0.C.S.0, which snail 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 pursuant 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.
19. In any CLAIMS that may arise from the performance of this Agreement. each Party shall
seek its own legal representation and bear theoacatsacsacciabecl 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, 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 ninety (90) days prior to the proposed termination date, which
date shall be clearly stated in the written notze. 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.
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 cif id pi u diny or the COUNTY Board of Commissioners and
MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the
COUNTY and tne MUNICIPALITY. In addition, this Agreement and any subsequent amendments
snail 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.O. has a similar interest, the
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 9
11.08.10
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 paragraph
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 contract is executed by the parties. In the event that the MUNICIPALITY 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 ir 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.
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 any manner or at any time, the terms or
conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.a. any applicable
0.C.S.0. employment and/or union contract, and/or any 0.C.S.O. rule(s), regulation(s), hours of
work. shift assignment, order(s), policy(les), 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 SHERIFF'S
DEPUTY. To illustrate, but not otherwise limit, this Agreernentrfouserrotand 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 SHERIFF'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.
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 -ernptcyment
and make any and all employmentedecisiul is-LI iat affect, in any way, the employment of
any SHERIFFS 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(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.O. 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 provis:on of any and all poiice and/or governmental LAW ENFORCEMENT SERVICES,
0.C.5.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 10
1.D8.10
and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or
contravene any constitutionai, 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 and agree that trus
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 cr any SHERIFF'S 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, snail 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 al'
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 0.0.3.0.
and the MUNICIPALITY with regard to the O.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 reuitais di Id that there are no other agreements,
understandings, or representations between the 0.0.3.0. 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 Agreement.
O.C.S.O. 2411 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 11
11.04.10
IN WITNESS WHEREOF, DAVID WAGNER, Supervisor, for the MUNICIPALITY, hereby
acknowlectes-thdl lie IId been authorizekby 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 curd UiricJ the MUNICPALITY to the terms and conditions
of this Agreement on this day of 2010.
VVITNESSES: CHARTER TOWNSHIP OF
INDEPENDENCE.
a Michigan Municipal Corporation
BY:
DAVID WAGNER
Supervisor
BY:
SHELAGH VANDERVEEN
Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners (a certified copy of which is attached) to execute this
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 Board
of Commissioners
IN WITNESS WHEREOF. MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer,hereby accepts arid binctsthe COUNTY 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 CHARTER TOWNSHIP OF INDEPENDENCE
Page 12
11.08.10
SCHEDULE A
SHERIFFS DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of Numberis) of
SHERIFF'S Sheriffs Deputies
DEPUTIES Contracted
B: -Weekly
Charge to
Municipality
in 2011
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy II
(no-fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
Deputy I
(no-fill)
TOTAL
$6,600 76
1 $5,792.51
2 $5.228.70
1 $536743
$5,554.46
16.5 54.667.23
$4427.50
$4,812.89
$3,721,20
27.5
7
NOTE For each PATROL DEPUTY II (WITH FiLL-IN) identified above. ONLY the O.C.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 abseil: from the MUNICIPALITY during any 80 hoar bi-
weekiy period fo- any reason except those reasons enumerated in Paragraph 5(a)(1) through
Paragraph 5(a)(5) above.
NOTE: No Trainees snail be assigned by the 0,C.S.O. to perform the duties of any SHERIFF'S
DEPUTY contracted for and assignee to perform LAW ENFORCEMENT SERVICES under the
terms of this Agreement.
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 13
11.0810
PI
OVERTIME
NOT
ELIGIBLE
NOT
INCLUDED
SCHEDULE B
Rank(s) of
Sheriff's
Deputies
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
Deputy II
(no-fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
investigator
(no-fill)
Deputy I
(no-fill)
HOLIDAY PAY
REGULAR
REGULAR HOLIDAY
HOLIDAY PAY/NOT
PAY WORKED'
NOT
OPTIONAL INCLUDED
INCLUDED INCLUDED INCLUDED
NOT NOT NOT
INCLUDED INCLUDED INCLUDED
ADDITIONAL
CHARGES
NO
YES
YES
YES
NO
YES
YES
YES
YES
HOLIDAY
OVERTIME'
NOT
INCLUDED INCLUDED ELIGIBLE
PI
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. (SCHEDJLE 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
3 Depends on Holiday Schedule. Individual Work Schedule. and Collective Bargaining Agreement
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 14
11.08.10
Captain
Lieutenant
Patrol
Sergeant
SCHEDULE C
HOURLY RATES
Regular Overtime
Hourly Hourly Rate
Rate 2011 2011
N/A* N/A*
$56.91 $85.36
$51.73 $77,60
Detective Sergeant $51.73 $77.60
Deputy ll
(w/fill)
Deputy II
(no/fill)
Deputy II (no-fill /
no-vehicle)
Patrol Investigator
(no-fill)
Deputy I (no-fill)
$44.99 $67,48
$44.99 $67.48
$44.99 $67.48
$44.99 $67.48
$33.47 $50.21
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE
Page 15
innal3
11.98.10
FY 2011
( $41 114)
($41,114)
FY 2012 FY 2013
(554.820) ($54,820)
($54,820) ($54,820)
Salaries ($ 23,338)
Overtime ( 2,177)
Social Sec. ( 1,785)
Retirement ( 7,809)
Hospitalization ( 4,075)
Group Life ( 103)
Workers Comp ( 289)
Disability ( 72)
Unemployment 103)
Dental ( 373)
Optical ( 21)
Deputy Supplies ( 148)
Un -forms ( 175)
Equip Rental ( 279)
Insurance Fund ( 306)
CLEMIS ( 61)
Total Expenditures ($41,114)
($31 ,118) ($31,118)
( 2,902) ( 2.902)
( 2,380) ( 2,380)
( 10,412) ( 10,412)
( 5,433) ( 5,433)
( 137) ( 137)
( 386) ( 386)
( 96) ( 96)
( 137) ( 137)
( 498) ( 498)
( 28) ( 28)
197) ( 197)
( 234) ( 234)
( 372) ( 372)
( 408) ( 408)
( 82) ( 82)
($54,820) ($54.820)
- FISCAL NOTE (MISC. #10329) December 9. 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WlTH THE
CHARTER TOWNSHIP OF INDEPENDENCE, 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 Independence 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 Independence is requesting one (1) Deputy il position #4030622-10917
be assigned to Independence Township to provide law enforcement services estimated
at 1,040 hours/year and to the Charter Township of Brandon with the cost of said position
shared by both municipalities.
5. The Sheriffs Patrol Division budget will decrease by ($50,625) with the reduction of one
(1) 1,040 hour shared Deputy II #4030622-10917 (Salaries - ($31,117); Fringe Benefits -
($19.508)).
6. GE/GP positions #4030622-07217, 06941, 07218, 09878. 01558, 01770, 01841, 02594,
02692, 03210. 04711, 04713, 05573, 05690, 06023, 07527, 07841, 08117, 08118,
08119. 09627 09628, 09877, 10177, 10384, 10525, 10916, and 10917 wilt be continued
in the Contracted Patrol Unit/Pat'ol Services Division of the Sheriffs Office, with the
number of contracted positions at this community remaining at 28.
7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through
2013, and will be reviewed yearly pending renewal of this contract.
8. The FY 2011 Budget is amended to reflect the changes in deputy positions as follows:
GENERAL FUND (#10100)
Sheriff Patrol Services Revenues
4030622-116180-632093 Sher. Spec. Deputy
Total Revenues
Sheriff Patrol Services Expenditures
4030622-116180-702010
4030622-116180-712020
4030622-116180-722790
4030622-116180-722770
4030622-116180-722780
4030622-116180-722760
4030622-116180-722750
4030622-116180-722810
4030622-116180-722820
4030622-116180-722800
4030622-116180-722850
4030622-116180-750070
4030622-116180-750581
4030622-116180-730653
4030622-116180-774677
4030622-116180-773535
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
/Ii /1 0
Resolution #10329 December 9. 2010
Moved by Runestad 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,
Vote on resolution:
AYES: Douglas, Gingell. Greimel, Hatchett, Jackson, Jacobsen, Long, McGiilvray, 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.
I HEREBY APPROVE Tlf„FO)EGOING RESOURION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 9" day of December, 2010.
adt
Ruth Johnson, County Clerk