HomeMy WebLinkAboutResolutions - 2010.12.09 - 10062December 9, 2010
REPORT MR #10332
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: SHERIFF'S OFFICE — STANDARD LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION, 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 recurhhieridation the resolution be
adopted.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE
kitiiha LULA
HUMAN RESOURCES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Capello absent
December 9, 2010
MISCELLANEOUS RESOLUTION #10332
BY: Public Services Committee, Jim Runestao, Vice Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE CHARTER TOWNSHIP OF ORION, JANUARY 1, 2011 - DECEMBER 31, 2011
To tne Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is Policy of the Oakland County Boaro of Commissioners to permit the
Sheriffs Office to enter into contracts with Townships, Villages and C:ties for the pJrpose of
providing Sheriff patrol services: and
WHEREAS for several years tne County of Oakland and the Oakland County Sheriff have
cortracted with Orion Township. to provide law enforcement services to this community: and
WHEREAS the Board of Commissioners by Miscellaneous Resoluton #10261 authorized
the established rates and contract language; and
WHEREAS the Charter Township of Orion has expressed an interest in entering into a
new, one (1) year. law enforcement service agreement; and
WHEREAS the Charter Township of Orion is requesting to delete one (1) Deputy 11 (no-fill)
and two (2) Patrol Investigators positions; 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
condlions contained in the Oakland County Sheriffs Office 2011 Law Enforcement Services
Agreement with the Charter Township of Orion.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County
Sheriffs Office 2011 Law Enforcement Services Agreement from the Charter Township of Orion,
accompanied by a certified copy of the resolution of the Township Board acceoting the Agreement.
and upon the further acceptance of the above Agreement oy 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 17 FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the
above Agreement. and upon receipt of a frial, 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 17 FURTHER RESOLVED that three (3) GF/GP Deputy II positions (#4030625-06085,
#01833. and #07277) in the Contracted Patrol Unit. Patrol Services Division. Sheriffs Office be
deleted effective January 1, 2011.
BE 17 FURTHER RESOLVED that two marked Patrol veh,icies be deleted from the County
fleet effective 1/112011.
BE IT FURTHER RESOLVED that the following GF/GP 4033625-06938, 06738, 08091,
01253. 01648. 02654, 02950. 33329. 03347, 04603, 04712, 06710 07221, 07281. 07522, 07526,
07952. 07954, 07973, 07974, 07975, 08092, 08093. 09265. 09900, 10526. and 10527 positions
be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff's Office.
SE 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.
Chairperson. 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 ORION
This Agreement is made and entered into between the CHARTER TOWNSHIP OF ORION, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of
Michigan. located within Oakland County. whose address is 2525 Joslyn Road. Lake Orion.
Michigan. 48360 (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
"0.0 S.0 ". otherwise, "COUNTY" and "SHERIFF' shalt refer only to individual described
herein.
'NTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for resieents of the
MUNICIPALITY; and
Whereas, the 0.C.S.O. is authorized to provide police services for residents of Oakland County
out. absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY: and
Whereas. the 0.C.S.O. and the MUNICIPALITY may enter into an agreement where the
0.C.S.O. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY:
and
Whereas. the MUNICIPALITY desires to contract with the 0.C.S 0. for such additional Law
Enforcement Services in the MUNICIPALITY: and
Whereas. the 0.0.5.0. is agreeable to providing additional LAW ENFORCEMENT SERVICES
in the MUNICIPALITY with the additional personnel provided under the terms and conditions of
this Agreement:
NOW THEREFORE, in consideration of thee pi en rises and the mutual promises,
representations, and agreements set forth in this Agreement. and for other good and valuable
consideration. the receipt and adequacy of whin 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 foliowing terms and expressions whether used in
the singular or plural. possessive or nonpossessive, and/or eitheT within or without cuotation
mancs. shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL". "MUNICIPALITY AGENT". 'COUNTY
OFFICIAL'. "St-ERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shali include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
C.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
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"MUNfCIPALlTY OEFCIAL". "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, ;lability,
penalties, litigation, costs, and/or expenses of any kind which are imposed upon,
incurred by. or asserted against a party.
b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed.
pursuant to state law. to fill a vacant elected office pending an election
c. "MUNICIPALITY OFFICIAL" shad be defined to include any and ak
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 jOID
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 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.
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. 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 ail lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The C.C.S.°
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
venicie 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 governrnenta
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 O.C.S.0,
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h. 'SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTiES" shall be defined to incluoe
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 SHERIFFS DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated
in and made part of this Agreement, to perform any and aq 0.0.5.0. LAW ENFORCEMENT
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPAeITY,
including ail private roads, LAW ENFORCEMENT SERVICES, as defined above, shall not
include 0.C.S.C. police-related "Support Services." such as Marine Division, Arson
Investigation, Detective and Crime Lab services, which the 0.0.S.O. now provides on a County-
wide basis. unless expressly stated to the contrary herein. Nevertheless, sucn additional
"Support Serytes" shall continue to be made available, at no additional 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 (way iimited 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
ft The SHERIFF will make every reasonable effort to provide professional LAW
ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted
standards for police protection. with the levels of staff provided for in SCHEDULE A
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty. promise or guaranty, either express or implied. or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the 0.C.S.O.'S provision of LAW
ENFORCEMENT SERVICES under this Agreement will result in any specific reduction
or prevention of criminal activity within the MUNICIPALITY or any other performance-
based outcome.
3. The 0.C.S.O. and the MUNICiPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the
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
implieation or otherwise, any specific, direct or indirect obligation, duty, promise. benefit, and/or
special right to 0.C.S.O.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any
particular person(s) beyond the 0.0.5.0.'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 nours for wnich the
MUNICIPALITY is being charged_ only on MUNICIPALITY-related poke matters. It is
understood aria agreed, however. that 'Mutual Aid" between communities may be provided to
surrounding communities "Mutual Aid," as used in the previous sentence, means that any
SHERIFF'S DEPUTY contracted for and assigned to tie MUNICIPALITY may be absent from
the MUNICIPALiTY, at MUNICIPALITY expense, when temporarily called to the aid of another
0,C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
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Community due to an emergency or other exceptional circumstance or because a SHERIFF'S
DEPUTY possesses sonic pei 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 ail of the
LAW ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout
this Agreement. any reference to the Number(s: of SHERIFF'S DEPUTIES, as shown in
SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW
ENFORCEMENT SERVICES during a bi-weekly period by any SHERiFF'S DEPUTY of the
specified Rank(s). for each of the SHERIFFS DEPUTIES contracted for and assigned by The
SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A, whenever any SHERIFFS DEPUTY contracted for and assigned to
provide LAW ENFORCEMENT SERVICES to tee MUNICIPALITY is not present in the
MUNICIPALITY geographical area, due to any of the reasons described in
subparagraphs ": - 6 below, such periods of time shall be inciuded in and counted toward
the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly perloa
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 snifl 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 arty Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities:
S. Performance of any LAW ENFORCEMENT SERVICES for the
IVIUNICIPALITY 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 %/lin 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.
c. AI! 0.0.50. policies, procedures. employment contracts, etc., which may be
applicab:e to tnis Agreement shall be made available Dy the SHERIFF for inspection by
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
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the MUNICIPALITY LIAISON at the 0.0 SO.. by appointment, during normal business
hours.
6. Subject to the SHERIFF'S sole ciibLi utiuri ar rd judgment as to the county-wide
prioritization of resources and law enforcement needs. any SHERFF'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 or an overtime basis. Except for overtime incurred due
to late calls, report writing, court appearances, emergencies, or holiday pay overtime. as shown
in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") whicn is attached to. incorporated
in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S
DEPUTY_ which are charged to the MUNICIPALITY, shall be approved, in advance, in writing.
by the MUNICIPALITY LIAISON, Any such additional hours of SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES provided shall be nvoiced to and paid by the MUNICIPALITY
directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY
RATES (hereafter "SCHEDULE C") which IS attached to, incorporated in and mace a part of this
Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of
this Agreement. If, however, in the unlikely event that the 0.C.S,O. is able to provide any
SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY
in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly
period, as provided for in this Agreement, without the 0.C.S.O. actually incurring any direct cr
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 holiday pay
charges to the MUNICiPALITY shall be calculated and invoiced in accordance with
SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate.
or otherwise, transfer, promise, commit, or iend any 0.C.S.O.'S or SHERIFF'S DEPUTY'S
services, duties. or obligations under this Agreement to any other public or private person_
corporation, entity. or organization of any kind. In the event that the MUNICIPALITY perceives
the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those
SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusua
MUNICIPALITY circumstances that. in the MUNICIPALITY'S judgment, may require aciditional
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).
8. The MUNICIPALITY will pay the 0.C.S.0, 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 O.C.S.O. for any and all
additional hours of WINK, overtime. and/or holiday pay costs incurred by the 0.C_S.O. in
providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every bi-weekly period (corresponding to established 0.C.S.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 that bi-weekly billing period. All overtime charges are to be itemized and ctesig-r-rdted fur
the reason incurred. The MUNICIPAL[TY agrees to pay to the COUNTY the fuli amounts due
on any such invoice witnin 30 days of the invoice date.
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S. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts
required under This Agreement, the MUNICIPAITY agrees that upon notice from the Oakland
County Treasurer to the Treasurer of the State of Michigan (or any other State of Michgian
official authoirized to disburse funds to the MUNIaPALITY). the State of Michgian is authoirized
to withold any funds due the MUNICIPALITY from the Stel nd igir tl wee funds to partially
or completely offset any deficiency by the MUNCIPALITY to the County. Such funds shall De
paid directly to the COUNTY. Further. the MACIPALiTY waives any claims against the State
or COUNTY, or their respective officials, for any such amounts paid to the COUNTY.
Furthermore, should the MUNICIPALITY fail for any reason to timely pay the COUNTY the
amounts required under this Agreement. the County 'reasurer 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 MUNICIPALITY, unless expressly prohibited by law_
Such a transfer shall be considered an assignment unless expressly prohibited by law. Such a
transfer shall be Glifisiurtd an ceeeignment by the MUNICIPALITY to the COUNTY. Further.
the MUNICIPALITY waives any ciaims against the COUNTY, o- 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
MUNICIPALITY becomes delinquent in its payments.
10, The MUNICIPALITY and the 0.C.S.0_ agree and warrant that neither the 0.C.S.O. nor
any SF-fERiFF'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.0 'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICPALITY also
agrees tnat in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY. the MUNICIPALITY shall neither state. suggest, nor imply that any
employment status and/or employment relationship exists between any SHERIFF'S DEPUTY
and the MUNICIPALITY.
11. The MUNICIPALITY and the 0.C.5.0. agree and warrant that. at all times and for all
purposes relevant to this Agreement, the 0.0.5.0. shall reliieliit the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the 0.0.5.0. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages. compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to. workers disability compensation. unemployment
compensation. Social Security Act protection(s) and benefits. any employment taxes, and/or any
other statutory or contractual right or benefit basea, in any way. upon any SHERIFF'S
DEPUTY'S status as an employee of the 0.0.5.0. 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
eroperty, 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 cf. any individual
SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, 2L .,11 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 snail not, for any purpose of ths Agreement, be interpreted as being provided by the
MUNICIPALITY. either directly or indirectly, to, for the use by, or on behalf of. any individual
SHERIFP'S DEPUTY.
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d 2. The MUNICIPALITY may; ii Its discretion. in such locations and circumstances as it
decides, provide suiteble uffiue space. office equipment, all required utilities and related
facilities (e.g.. desks, chats, 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 13ie referred to as a MUNICIPALITY "Sub-Station".
Alternatively. the 0.0.6.0. may provide or supplement any existing desks, chairs, copying
machines, fax machines. etc. located in the MUNICIPALJTY Sue-Station with 0.0.5.0. personal
property and equipment The MUNICIPALITY acknowleages 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 0.0.6.0. Law Enforcement
Compiex 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 0.0.S.0. 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 pf 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.0, be onligated to use
any such 3u-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide
the 0.0.6.0. with Sub-Station facilities and the 0.C.S.O. agrees to use such Sub-Station
facilities. tie 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 SHERIFF'S DEPUTIES assigned to the MUNICIPALITY,
b. The MUNICIPALITY will be responsible for maintenance of the premises. whice
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 0.0.6.0.
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 MUNICIPALITY and the
MUNICIPALITY'S Insurance Carrier will waive all rights of subrogation against
OAKLAND COUNTY for any loss or damage to the Sub-Station premises or property
therein which is owned or insured by the Municipality. The MUNICIPALITY will provide
tne COUNTY with a Certificate of insurance that contains the following language: The
MUNICRALITY and the insurance Carrier named herein agree to waive all rights of
subrogation against OaKland County for any loss or damage to premises or property
owned by or insured by the MUNICIPALTY", The MUNICIPALITY will provide this
Certificate of Insurance to Jennifer Brantley. Oakland County Sheriffs Office. County
Service Center. Bldg. #38 East, 1200 N. Telegrapn Road, Pontiac, Michigan 48341-1044
prior to uanuary 1, 2011, All Certificates of Insurance are subject to approval by the
Oakland County Office of Risk Management.
C.O.S.°. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 7
11.05.10
13, Except as expressly prcvided for in this Agreement, the MUNICIPALITY agrees that th i s
Agreement does not, and is not intended to, transfer delegate. or assign to the COUNTY, the
SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of
care. or liability associated with any governrnereal function delegated and/or entrusted to the
MUNICIPALITY under existing law.
14. Except as expressly provided for under the terms of this Agreement. no SkERIFF'S
DEPUTv whi!e acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments, arid no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity. by the MUNICIPALITY
15. The 1v1UNiCIPALITY LIAISON may contact the 0 C.S.O. 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, cr 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 MUNICIPALITv LIAISON an opportunity to interview and meet any command
officers before they are assigned to the MUNICIPALITY: however, the SHERIFF'S decision on
the assignment of any SHERIFF'S DEPUTY shall be final. The 0.C.S.O. LIAISON shall: only to
the extent that any such 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 SHERIFF'S DEPUTY contracted for
and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY uncer tne
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, OD descriptions, job specifications, or job duties, orin any
manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
Performance of any 0.C.S 0.'S duty or obligation uncier 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-arrcf-eierreitkerrseef-this Agreement, or any other questionable act(s) or ornission(s), or any
allegation of same. by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it snail
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, whicn the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the 0.0.8.0. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
17. • The 0.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, automobiles, radios, communications equipment. firearms,
and any and ail other equipment that the 0.C.S.0.. 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.C.S.O. shall also be solely and exclusively responsible for any and all SHERIFF'S
DERUT ,E-S' business expenses. licenses, taxes. uniform or equipment costs. insurance(s),
supplies, etc., except that any stationery, notices, forms. MUNICIPALITY ordinance appearance
tickets. etc.. which are required to bear the name of the MUNICIPALITY, shall be supplied to the
0.0.5.0 by tie MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event
that the MUNICIPALITY wants any special or additional personal property cr eauipment (i e..
cellular telephones. beepers. personal items or eauipment, portable computers, automobiles
motorcycles, etc.) to be provided. at MUNICIPALITY expense or otherwise, to any SHERIFF'S
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 8
11.05.10
3EPUTY assigned to the MUNICIPALITY. the MUNICIPALITY shall direct such requests to the
0.0.5.0 which shad solely decide whether such personal property or special equipment shall
be provided. Any and al! such additional personal property, portable or ind!vidual use
equipment or property, and/or any special equipment to be provided by the MUNICIPALITY
shall be provided directly and exclusively to the 0.C.S.0.. and then ONLY pursuant to a
separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended
by this Paragraph and elsewhere in this Agreement. no personai property, supplies, or other
equipment. nor the use thereof. shad be provided or made avaiiabie by the MUNICIPALITY
directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this
parag7aph
18 Each Party shall be responsible for any CLAIMS made against that Party and for the
acts of its Employees or AGENTS.
19. :n any CLAIMS that may arise from the performance of this Agreement. eaon Party shall
seek its own legal representation and bear the costs associated with such representation
including any attorney fees,
20. Except as otherwise provided in this Agreement. neither Party shall have any right under
any legal principle to be indemnified by the other Party or any of its employees or AGENTS in
connection with any CLAIM.
21. This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory. and/or other legal right, privilege, power. obligation, duty or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
22. Subject to the following Paragraph, this Agreement shall become effective at 12:0', AM.
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) mays prior to the proposed termination date. which
date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further 0 C S.O.'S obligations to provide LAW ENFORCEMENT SERVICES to
the MUNICIPALITY under this Agreement shall end.
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
IVIUMC1PALITY Governing Body and shah also be file° with the office of the Clerk for the
COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.O.
and shall aol LieUlal le effeotive or implemented prior to its filing with the Secretary of State.
24 in the event that the MUNICIPALITY wisnes to enter into a new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreement. it will notify the O.C.S.O.
in writing, of this intent no later than July 31, 2011. If the MUNICIPALITY, as above, notifies the
0.0 5.0 of its intent to enter into a new agreement. and the 0.0.5,0. has a similar interest. the
O 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.O. Or the MUNICIPALiTY to continue any Agreement for
any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new
folly executed contract is executed by the parties. In the event that the MUNICIPALITY
O.C.S.O. 201 1 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 9
11.35.10
trminates 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 SHERIFFS DEPUTY who may be laid off by the
0.0 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 mai:. all correspondence and written notices
required or permrtted 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 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,O., any applicable
0.C,S.O. employment and/or union contract, and/or any 0.C.S.O. rule(s), regulation(s), hours of
work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc
which shall, solely and exclusively, govern and control the employment relationship between the
0.0 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 Agreement does not and shall not be
interpreted to limit. modify, control, er 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
SelER)PF'S DEPUTY.
The 0.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign. transfer, promote, reclassify. disciplile.
demote. layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and al
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation.
fringe nenefits. 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 SHERFF'S DEPUTY with the 0.0.5.0, subject only to its collective
bargaining Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify. or implement any and alt operational policies, procedures.
orders, rules, regulations, ethical guidelines, and/or any other judgment, poiicy or
directive whicre in any way, governs or controls any activity e 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
f07 any SHERIFF'S DEPUTY performing any O.C.S.O. duty or opligation under the terms
of this Agreement.
27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations
relating to the provision of any and all police and/or governmental LAW ENFORCEMENT
SERVICES, and this Agreement does not, and is not intended to. 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 this Agreement is nerther intended, nor shall it be interpreted, so as to create. grant
modify. supersede, after or change, in any manne- or form, any right. privilege. benefit or any
S O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 10
11.05.10
her term or condition of employment, of any kind or nature whatsoever, in, upon, or for any
SHERIFF'S DEPUTY or any SHERIFFS DEPUTY'S agent(s), representative(s), union(s) or the
successor(s) or assign(s) of any of them.
28. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning. and not construed strictly for or against any party. As used in this Agreement.
the singular or plural number. the possessive or ronpossessive, shall be deemed to include tne
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, tne SHERIFF, and the
MUNICIPALITY to the extent permitted by w, upon their successors and assigns. and all
persons acting by, through. under, or in concert with any of tneni
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.O. and the MUNICIPALITY with regard to the 0.C.S.O.'S provision of LAW
ENFORCEMENT SERV:CES and/or any SHERIFFS DEPUTY'S services to the
MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between
them in any way related to the subject matter hereof. It is further understood and agreed that
the terms of this Agreement are contractual and are not mere recitals and that there are no
other agreements, understandings. or representations between the 0.C.S.O. and the
MUNICRAUTY 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.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 11
11,00.10
v IN WITNESS WHEREOF, MATTHEW A. GIBB, Supervisor, for the MUNICIPALITY,
hereoy acknowleacies that he has been authorized by a resoluton of the MUNICIPAL!TY
Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of
MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions
of this Agreement on this day of . 2010.
WITNESSES: CHARTER TOWNSHIP OF ORION,
a Michigan Municipal Corporation
BY:
MATTHEW A. GIBB
Supervisor
BY:
PENNY SHULTS
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
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 Oakand
County Sheriff, a Michigan Constitutiona! Officer,hereby accepts and binds the COUNTY OF
OAKLAND to the teir r id L.oliditions of the Agreement on this day of
. 2010.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD
Oakland County Sheriff
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Page 12 11.05.10
1
1
20
SCHEDULE A
DEPUTIES CONTRACTED ASSIGNED TO MUNICIPALITY
Rark(si of
SHERIFF'S DEPUTIES
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (w/fill)
Deputy II (no-fitl)
Deputy II (no.fillino.
vehicle)
Patrol
Investigator (no-fill)
Deputy I (no-fill)
Number(s) of
Sneriff's Deputies Bi-Weekly Charge to
Contracted 1v1unicipaiity in 2011
$6.61)0 76
$5.792.51
$5.228.70
$5.367 43
$5,554.48
$4.657,23
$442750
$4.812.89
$3.721.20
TOTAL 27
NOTE: or each PATROL DEPUTY Ii (WITH FILL-IN) identified above. ONLY the 0.C.S 0
shall. at no additional cost to the MUNICIPALITY. provide a substitute (i.e., FILL-IN) SHERIFF .S
DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a
PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 7) our pi-
weeKly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through
Paragraph 5(a)(5) above
NOTE: No Trainees shall be assigned by the 0.C.S.O. to perform the duties of any SHEFRIPF'S
DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES.under the
terms of this Agreement:
0.C.5,0 20 11 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
PAgt 13
11.05.10
I 4, SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of EGLILAR HOLIDAY
Sherffs HOLIDAY PAY/NO: HOLIDAY ADDMONA_
Deputies PAY WORKED' OVERTME2 OVERTIME CHARGES
NOT NOT
Captain ;INCLUDED INCLUDED ELlaBLE ELIGIBLE NO
NOT NOT
Lieutenant ORTIONAL 3 INCLUDED INCLUDED YES
Patrol
Sergeant YES
Detective
Sergeant YES
" Deputy II INCLUDED INCLUDED INCLUDED NO
(w/fill)
" Deputy II NOT NOT NOT YES
(no-fill) ;NCLUDED INCLUDED INCLUDLD
Deputy II . , ' (no-fill/no- .. YES
vehicle)
" Patrol .. .. YES ,.
Investigator
(no-fill)
, .. .. .. Deputy I YES
(no-fill)
NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs nave been
included in the B-Weekly Charges snown in SCHEDULE k
-Billed at Regular Hourly Rate, (SCHEDULE C) included 5 Paid Leave Days in Lieu of 3 -lolidays
In December communities witn No-Fili Deputies (I 8. ll's) will be charged for 2 days (.6 hours) at the
Regula7 Hourly Rate,
-Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
Deoenus on Holiaay Schedule, Individual Work Schedule. anti Collective Bargaining Aaree.me -t
O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
Pa9e 14
11.05.10
SCHEDULE C
'
HOURLY RATES
Regular Hourly
Rate 2011
Overtime
Hourly Rate
2011
Captain N/A* N/A*
Lieutenant $56.91 $85.36
Patrol Sergeant $51.73 $77.60
Detective Sergeant $51.73 $77.60
Deputy II (w/fill) $44.99 $67 48
Deputy IT (no/fill) $44.99 $67.48
Deputy II
(no-fill/no-vehicle) $44.99 $67.48
Patrol Investigator
$44.99 $67.48
Deputy I (no-fill) $33.47 $50.21
0.0 .S.O. 2071 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHFP OF ORPON
Page 15
11.05.10
lrISAL NOTE (MISC. #10332) December 9, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF ORION. 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 Orion has requested that the Oakland County Sheriff provide
law enforcement services to this community.
2. M:scellaneous 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 Orion is requesting two (2) Patrol Investigator/Deputy ll positions,
#4030626-06085 and #01833 and one (1) Deputy II position #4030625-07277 be deleted
in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office, decreasing
the number of contracted positions at this community from 30 to 27.
5. The Sheriffs Patrol Division budget decrease for the deletion of two (2) Patrol
Investigator postions #4030625-06085 and 01833 is ($202,500); the salary budget
decrease is ($124.470) and the fringe benefit budget decrease is ($78,030)
6
Also, the deletion of one (1) Deputy II position #4030625-07277 is ($101.250); the salary
budget decrease is (562.235) and the fringe benefit budget decrease is ($39,015).
7. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of
the Sheriffs Office include: #4030625-06938. 06738, 08091, 01253, 01648, 02654,
02950, 03329, 03347, 04603, 04712, 06710, 07221, 07281, 07522, 07526, 07952,
07954. 07973. 07974, 07975, 08092, 08093, 09265, 09900, 10526, and 10527.
8. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through
2013, and will be reviewed yearly pending renewal of this contract.
9. The FY 2011 Budget is amended to reflect tne changes in deputy positions as follows:
GENERAL FUND (#10100)
Sheriff Patrol Services Revenues FY 2011 FY 2012
4030625-116180-632093 Sher. Spec. Deputy ($246,685) ($328.914)
Total Revenues ($246,685) ($328,914)
FY 2013
($328,914)
($328,914)
Sheriff Patrol Services Expenditures
4030625-116180-702010 Salaries
4030625-116180-712020 Overtime
4030625-116180-722790 Social Sec.
4030625-116180-722770 Retirement
4030625-116180-722780 Hospitalization
4030625-116180-722760 Group Life
4030625-116180-722750 Workers Comp
4030625-116180-722510 Disability
4030625-116180-722820 Unemployment
4030625-116180-722800 Dental
4030625-116180-722850 Optical
4030625-116180-750070 Deputy Supplies
4030625-116180-750581 Uniforms
4030625-116180-730653 Equip Rental
4030625-116180-774677
4030625-116180-773535
Total Expenditures ($246.685)
InsJrance Fund
CLEMIS
($140,029) ($186,705) ($186,705)
( 13,060) ( 17,414) ( 17,414)
( 10,712) ( 14,283) ( 14 283)
(46,854) ( 62,471) ( 62 741)
( 24,449) ( 32,599) (32.599)
( 616) ( 822) ( 822)
( 1,736) (2.315) ( 2 315)
( 434) ( 579) ( 579)
( 616) ( 822) ( 822)
( 2,240) ( 2,987) ( 2,987)
( 126) ( 168) ( 168)
887) ( 1.182) ( 1,182)
( 1,051) ( 1,401) ( 1,401)
( 1,674) ( 2,232) ( 2.232)
( 1,834) ( 2,445) ( 2.445)
( 367) ( 489) ( 489)
($328914) ($328,914)
FINANCE COMMITTEE
Motion carried unanimously on a roil call vote with Woodward absent.
Y APPROVE THE FORBIN RESOIUTION EMI]
I t I
Resolution #10332 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, Hatchell, Jackson, Jacobsen, Long, McGillvray, 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 9` day of December, 2010.
eat
Ruth Johnson, County Cierk