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Home My WebLink AboutResolutions - 2011.01.20 - 10357RESOLVED that the future level of service, including positions be contingent upon the level of funding contract. RESOLVED tgat this contract will take effect on March move the adopgion of the foregoing resolution. MISCELLANEOUS RESOLUTION #11019 BY: JIM RUNESTAD, CHAIRMAN, PUBLIC SERVICES COMMITTEE IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC To the Oakland County Board of Commissioners Cnairperson, Ladies and Gentlemen: WHEREAS it is the policy of the OaUand County Board of Commissioners to permit the Sheriff's Department to enter info contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS the Board of Commissioners is currentLy reviewing the standard law enforcement services rates for the period January 1, 2011 to December 31, 2011; and •..,D..E•AS the City of Pontiac, throrh the Emergency Financial Manager, fas requested that the Oakland County Sheriff provide patrol services to the citizens of the City; and WHEREAS the City of Pontiac has requested that a contract for one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy IT (ne- fill) be created; and WHEREAS the Sheriff has agreed to contract for one (1) Captain, two (2) Lieutenants, on (1) Detective Sergeant, six (6) Patrol Sergeants, ten (1(I) Patrol Investigators and fifty-forr (54) Deputy IT (no-fill); and WHEREAS the SherHrf's Office proposal also involves about 9,003 hours of building security; and WHEREAS the Sheriff is reguestMng six (6) aoditional Dispatch Spbcialists (dispatcher) for the Communications Unit with the costs being paid. by the community that contracts for Sheriff Patrol Services (see attached schedule A). NOW THEREFORE BE IT RESOLVED thdt the Oakland County Board of Commissioners approves the attached contract with the City of Pontiac for one (1) Captain, two (2) Lieutenants, one (1) De -Led-Live Sergeant, six (6) Patrol Sergeants, ten. (10) Tatrcl Investigators and fifty-four (54) Deputy II (nc-fill). BB IT FURTHER RESOLVED that one (1) CF/GP Captain, two (2) GED/GP Lieutenants, seven (7) GH/GF Sergean_s, and sixty-feur (64) GE/GP Deputy II position's be created in the Contracted Patrol Unit, Patrol Services Division 11tH Shbriff's Office. BE IT FURTHER RESOETED that nine (9) OF/C° part-time non-eligible 1,000 hours/year Court Deputy 17 Positions be created in the Patrol Unit, Patrol Services Division of the Sheriff's Office. BE IT FURTHER RESOLVED that twelve (12) unmarked vehicles and twenty-- two (22) Patrol vehicles with Video Cameras and MDC's, 34 mobile radios, and 34 prep radios be added to the County Fleet. DE 17 FURTHER RESOLVED that the Oakland County Hoard of Commissioners .nrcves the creation of six (6) CF 'IF Dispatch Specialists in the C...mmunications Unit, Emergency Response and Preparedness Divisioh, of the Sleriff's Office. BE IT FURTHER the continuation of associated with this BE IT FURTHER 1, 2311. Chairperson, I PUBLIC SERVICES COMMITTEE bmmissioner District # Commissioner District # , Gb11111-11040rIer District # 1 Commissioner District # Commissioner District # Commissioner Commissioner District #District # - Commissioner ,Distri4/# Cornmissi-Qner District # Commissioner District #./- / / Dip.frict #. Commissioner District # Commissioner District # Commissioner District # Commissioner District # r " Commissioriei DistrL:I Commissioner District # Commissioner District # COITirljissigner; Distrirft LnrilliSSIOnGf DiAnct I , Commisiiner Commissioner Districi District # Commissioner District # Commissioner District # OAKLAND COUNTY SHERIFF'S OFFICE 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC This Agreement is made and entered into between the CITY OF PONTIAC, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 47450 Woodward Avenue, Pontiac, Michigan 48342-2271, (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and 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 MUNICIPALITY may enter into an agreement where the 0.C.S.O. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.O. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.O. 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.O." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY''and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. f2 a. "CLAIMS" means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against a party. b. "COUNTY OFFICIAL" shall be defined to include any and all CO UNTY representatives elected by popular vote to a COUNTY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election. c. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office, such 'persons appointed, pursuant to state law, to fill a vacant elected office pending an election or an Emergency Financial Manager appointed under t he Local Government Fiscal Responsibility Act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. d. "AGENT" shall be defined to include any and all M UNICIPALITY or COUNTY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY and COUNTY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. e. "MUNICIPALITY LIAISON" shall be defined as the Em ergency Financial Manager appointed under the Local Government Fiscal Responsibility Act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws and if no Emergency Financial Manager is in place, the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. f. "O.C.S.O. LIAISON" shall be the defined as a SH ERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.O. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. g. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and inter preted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 2 11.23.10 Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.O. LAW ENFORCEMENT SERVICES shall also include the filing of all necessary and legally required crime reports to State and Federal offices on behalf of the MUNICIPALITY and the supervision of school crossing guards as required by MCL 257.613c. h. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any other person or persons of any rank, classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF. The 0.C.S.O. agrees that all full-time MUNICIPALITY Patrol Officers, Detectives, Sergeants, Lieutenants, Captains, and the Chief are eligible to apply and, in t he Sheriff's sole discretion, may be hired as Provisional SHERIFF'S DEPUTIES for the 0.C.S.O. if they (a) are currently licensed by the Michigan Commission on Law Enforcement Standards (b) satisfactorily pass a background investigation and oral interview; (c) pass a physical examination; and (d) pass a drug screen. The Sheriff retains exclusive discretion in the screening and hi ring process and nothing in this Agreement should be construed to guarantee employment for any MUNICIPALITY Patrol Officer, Detective, Sergeant, Lieutenants, Captain or Chief with the COUNTY and/or the 0.C.S.0, 2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCH EDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.O. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.O. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.O. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S .0. continues to make such law enforcement "Support 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 shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.O.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 3 11.23.10 MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, 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.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 Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other cornmunity. 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 Num ber(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 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 4 11.23.10 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 per iod of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.O. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs. the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. c. All 0.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.0.. by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any 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 pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, 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 M UNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any am ounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.0 .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 0.0 .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 M UNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the M UNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 5 11.23.10 8. The MUNICIPALITY will pay the C.O.S.°. 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 .S.O, in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.0 .SO. 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 designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michgian official authoirized to disburse funds to the MUNICIPALITY), the State of Michgian is authoirized to withold any funds due the MUNICIPALITY from the State and assign those funds to partially or completely offset any deficiency by the MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY. Further, the MUNCIPALITY 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 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 par tially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the COUNTY, or its officials, for any such amounts paid to the COU NTY. Nothing in this Agreement shall operate to limit in any way the COUNTY'S right to pursue any other legal remedies against the MUNCIPALITY for the reimbursement of amounts due the COUNTY under this Agreement. The remedies in this paragraph are available to the COU NTY 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 SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any S HERIFF'S DEPUTY and the MUNICIPALITY. 11. The MUNICIPALITY and the 0.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S .0. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S .0. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any em ployment taxes, and/or any other statutory or contractual 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 6 11.23.10 right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.O. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual S HERIFF'S DEPUTY. 12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.0 .SO. 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 0.0 .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 S ub-Station facilities if offered. The MUNICIPALITY has decided it will provide the 0.0.5.0. with Sub-Station facilities and the 0.C.S.O. has agreed to use such Sub-Station facilities, subject to the following terms and conditions: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.0.5.0. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also 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 .0. c. Use of the Sub-Station License shall end upon the term ination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or 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 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 7 11.23.10 MUNICIPALITY'S Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss or damage to the Sub-Station premises or property therein which is owned or insured by the Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance that contains the following language: The MUNICIPALITY and the Insurance Carrier named herein agree to waive all rights of subrogation against Oakland C ounty for any loss or damage to premises or property owned by or insured by the MUNICIPALITY". The MUNICIPALITY will provide this Certificate of Insurance to Jennifer Brantley, Oakland County Sheriff's Office, County Service Center, Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 prior to January 1, 2011. All Certificates of Insurance are subject to approval by the Oakland County Office of Risk Management. 13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 14. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 15. The 0.C.S.O. LIASON will maintain regular lines of communication with the MUNICIPALITY LIASON and will be responsive to administrative and operational needs of the MUNICIPALITY. The 0.C.S.O. LIASON will be available to meet weekly or when otherwise requested by the MUNICIPALITY LIASON to discuss particular law enforcement needs and will provide a weekly report to the MUNICIPALITY LIASON regarding relevant crime reports and statistics within the MUNICIPALITY. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY LIAISON an opportunity to interview and meet any command officers before they are assigned to the MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY shall be final. The 0.C.S.O. LIAISON shall, only to the extent that any such 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 under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.O.'S duty or obligation under the terms of this Agreement. 16. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.O. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 8 11.23.10 17. The 0.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.0 .SO., in its sole judgment, deems required or beneficial for the completion of any 0.0 .S.O.'S duty under the terms of this Agreement. The 0.C.S.0. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S .0. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S .0. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.O., and then ONLY pur suant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 18. Each Party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or AGENTS. Further, the MUNICIPALITY agrees that it shall remain solely and completely liable for any and all CLAIMS that either arose or have their basis in circumstances of events occurring before the effective date of this Agreement, including but not limited to, any wage or benefit issues, any collective bargaining obligations, or any other related employment rights or obligations such as worker or unemployment compensation based upon any per sons employment by the MUNICIPALITY prior to the effective date of this Agreement. 19. In any CLAIMS that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation including any attorney fees. 20. Except as otherwise provided in this Agreement, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or AGENTS in connection with any CLAIM. 21. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 2011 or a date mutually agreed upon by the parties, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2011. In addition, any party may terminate this Agreement, prior to its December 31, 2011 expiration, upon written notification to all others at least one hundred and eighty (180) days prior to the proposed termination date, which date shall be clearly stated in the written notice. Upon the expiration or 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. O.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 9 11.23.10 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by the COUNTY Board of Commissioners, the duly appointed Em ergency Financial Manager of the MUNICIPALITY or his successor in office, or, if no Emergency Financial Manager is currently appointed, by resolution of the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the CO UNTY Board of Commissioners and MUNICIPALITY and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.0 .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 0.0.5 .0., in writing, of this intent no later than July 31, 2011. If the M UNICIPALITY, as above, notifies the 0.C.S.O. of its intent to enter into a new agreement, and the 0.C.S .0. has a similar interest, the 0.C.S.O. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2011. In no event shall this par agraph be interpreted to obligate the 0.0.5.0. 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 MU NICIPALITY terminates this Agreement, or elects not to enter into a subsequent agreement because it decides to establish its own police department, the MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.0.5.0. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY If this Agreement is terminated for any reason the MUNICIPALITY will fully reimburse the COUNTY for all costs incurred by the COUNTY as a result of the Agreement's termination. Such costs include, but are not limited to, unemployment compensation claims made by 0.C.S.O. employees hired by the County to fulfill the terms of this Agreement. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.0.5.0., any applicable 0.C.S.O. employment and/or union contract, and/or any 0.C.S.0. 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 C.C.S .0. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY, To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any S HERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. 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 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 10 11.23.10 employment and make any and all em ployment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(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 provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, dim inish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any 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, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deem ed a waiver of that right with regard to any existing or subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of sixteen(16) pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S .0. and the MUNICIPALITY with regard to the 0.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 11 11.23.10 WITNESSES: CITY OF PONTIAC, a Michigan Municipal Corporation COUNTY Board of Commissioners and Emergency Financial Manager appointed under the Local Government Fiscal Responsibility Act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws and if no Emergency Financial Manager is in place, the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) according to the procedures set forth in this Agreement. IN WITNESS WHEREOF, Michael F. Stampfler, Emergency Financial Manager for the MUNICIPALITY, hereby acknowledges that has been authorized by the Municipal Financing Local Government Fiscal Responsibility Act, MCL 141.1201 et seq. and a Contract between himself and the Local Emergency Financial Assistance loan Board dated June 15, 2010 ( a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this day of , 2010. BY: MICHAEL F. STAMPFLER Emergency Financial Manager IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been author ized by a resolution of the Oakland County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the 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 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 12 11.23.10 IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds the COU NTY OF OAKLAND to the terms and conditions of the Agreement on this day of , 2010. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 13 11.23.10 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY I Rank(s) of Number(s) of Bi-Weekly Charge Annual Costs SHERIFF'S DEPUTIES Sheriffs Deputies to Municipality per calendar year Contracted in 2011 Captain 1 $6,600.76 $171.620.00 Lieutenant 2 $5,792.51 $301210.00 Patrol Sergeant 6 $5,228.70 $815.676.00 Detective Sergeant 1 $5,367.43 $139,553.00 Deputy II (w/fill) $5,554.46 , Deputy II (no -fill)54 $4,667.23 $6,552,792.00 , ' Deputy II (no-fill/no-vehicle) 34.427.50 Patrol Investigator (no-fill) 10* 34,812.89 $1,251,350.00 Deputy I (no -fill) $3,721.20 I SUB-TOTAL 74 $9,294,841.00 Estimated Overtime $671,368.00 Front desk and building security by PTNE Deputies- 4 or 5 $79,498.00 12 hours per day/7 days per week TOTAL $10,045,707.00 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above. ONLY the 0.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 absent from the MUNICIPALITY during any 80 hour bi- 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 SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. * One patrol investigator shall act as a dedicated Police School Officer within the Pontiac School District. 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 14 11.23.10 SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME2 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant 1/ OPTIONAL 3 INCLUDED INCLUDED YES Patrol 11 /1 11 Sergeant YES Detective Sergeant YES „ Deputy II INCLUDED INCLUDED INCLUDED NO (w/fill) , Deputy II , NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy ll 1 11 11 (no-fill/no- 1 YES vehicle) 1 11 ,, Patrol 1 YES Investigator (no-fill) Deputy I (no-fill) NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. -Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days 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. 2 Bifled at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. -Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 15 YES 11.23.10 Part Time Non-Eligible (PTNE) Deputy $18.20 N/A SCHEDULE C HOURLY RATES Regular Overtime Hourly Hourly Rate 2011 Rate 2011 Captain N/A* N/A* Lieutenant $56.91 $85.36 Patrol Sergeant $51.73 $77.60 Detective Sergeant $51.73 $77.60 Deputy II (w/fill) $44.99 $67.48 Deputy II (no/fill) $44.99 $67.48 Deputy ll (no-fill/no-vehicle) $44.99 $67.48 Patrol Investigator (no-fill) $44.99 $67.48 Deputy I (no-fill) $33.47 $50.21 0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Page 16 11.23.10 FISCAL NOTE .(MISC. #11019) BY: Finance Committee, Torn Middleton, Chairperson IN RE: SHERIFF'S OFFICE — CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Miscellaneous Resolutions #10261 & #10262 authorized the established patrol contract and overtime rates for calendar year 2011. 2. The total annual contract price is $10,259,969 as established through patrol contract rates with the Emergency Financial Manager of the City of Pontiac for all services included in the contract agreement. 3. The contract period is effective March 1, 2011 through December 31, 2011. 4. The contract agreement includes the creation of one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators, fifty- four (54) Deputy II (no-fill) positions, and nine (9) GF/GP PTNE 1,000 hours/year Court Deputy II positions. 5. The Sheriff is also requesting six (6) additional Dispatch Specialists in the Communications Unit. 6. To fulfill this contract will require the procurement of twelve (12) unmarked vehicles and twenty-two (22) patrol vehicles with video cameras and MDC's , thirty-four (34) mobile radios, and thirty-four (34) prep radios; the capital cost requirements have not been determined at this time. 7. With this contract agreement, the portion of total costs for positions and operating expenses attributed to the Oakland County Sheriff's Office equates to $5,859,992 for FY 2011 and S10.045,707 for FY 2012 and FY 2013, while the City of Pontiac will incur the remaining annual cost of $220,610 based on the contract rate schedule for Dispatch services during the period of March 1, 2011 through December 31, 2011. 8. The budget is amended for FY 2011 through FY 2013 as follows to reflect the revenue and expenditures associated with the Sheriff's Office budget as follows: GENERAL FUND (#10100)166 Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030601-116180-632093-40420 Sher. Sp. Dep 85,859,992 $10,045,707 $10,045,707 Total Revenues $5,859,992 $10,045,707 $10,045,707 Sheriff Expenditures 4030501-116230-702010 ERP Salaries $ 129,829 $ 222,564 $ 222,564 4030501-116230-712020 " Overtime 228,265 391,312 391,312 4030501-116230-722790 " Social Sec. 9,932 17,026 17,026 4030501-116230-722770 " Retirement 43,441 74,470 74,470 4030501-116230-722780 " Hospitalization 22,668 38,860 38,860 4030501-116230-722760 " Group Life 571 979 979 4030501-116230-722750 " Workers Comp 1,610 2,760 2,760 4030501-116230-722810 " Disability 402 690 690 4030501-116230-722820 " Unemployment 571 979 979 4030501-116230-722800 " Dental 2,077 3,561 3,561 4030501-116230-722850 " Optical 117 200 200 4030501-116230-750581 " Uniforms 1,750 3,000 3,000 4030601-116180-702010 Pat'l Svcs Salaries 2,406,238 4,124,981 4,124,981 16 Lt 11 11 11 11 11 11 11 11 11 11 11 11 11 CI 11 4030601-116180-712020 4010601-1161 80-79 2790 4030601-116180-722770 4030601-116180-722780 " 4030601-116180-722760 " 4030601-116180-722750 " 4030601-116180-722810 " 4030601-116180-722820 " 4030601-116180-722800 " 4030601-116180-722850 " 4030601-116180-750070 " 4030601-116180-750581 " 4030601-116180-730653 " 4030601-116180-774677 " 4030601-116180-773535 " 4030601-116180-776659 " 4030601-116180-776661 " Total Expenditures Overtime 1,184,353 Social Sec. 180,873 Retirement 788,414 Hospitalization 411,106 Group Life Workers Comp Disability Unemployment Dental Optical Deputy Supplies 17,008 Uniforms 21,617 Equip Rental 32,116 Insurance Fund 35,181 CLEMIS 7.036 Motor Pool Fuel 58,333 178,608 $5,859,992 2,030,321 310,068 1,351,567 704,753 17,760 51,150 12,513 18,150 64,582 3,633 29,156 37,058 55,056 60,310 12,062 100,000 306,186 $10,045,707 2, 030,321 310,068 1,351,567 704,753 17,760 51,150 12,513 18,150 64,582 3,633 29,156 37,058 55,056 60,310 12,062 100,000 306,186 $10,045,707 10,360 29,837 7,299 10,588 37,673 2,119 Motor Pool FINANCE COMMITTEE Resolution #11019 January 20, 2011 Moved by Runestad supported by Gosselin to suspend the rules and vote on Miscellaneous Resolution #11019 — Sheriff's Office — Contract for Law Enforcement Services in the City of Pontiac. Vote on motion to suspend the rules: AYES: Greimel, Hoffman, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin. (18) NAYS: Hatchett, Nash, Woodward, Zack, Covey, Gershenson. (6) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11019 — Sheriff's Office — Contract for Law Enforcement Services in the City of Pontiac carried. Moved by Runestad supported by Gosselin the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Hatchett the resolution be amended as follows: Motion to ensure that Pontiac's Mayor and city council president are enabled to express concerns regarding the assignment of sheriff's deputies to the city by amending the proposed Sheriffs Department contract as follows: (1) Adding the following subsection i. under section 1: "ELECTED REPRESENTATIVES" shall be defined, for all purposes under this Agreement, as the Mayor of the City of Pontiac and the President of the Pontiac City Council. (2) Amending the third sentence in section 15 to read as follows: The MUNICIPALITY LIAISON and/or the ELECTED REPRESENTATIVES may bring to the SHERIFF'S attention any concerns that they have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. Motion to ensure that Pontiac's mayor and city council president are kept informed of communications relating to Sheriffs Department services by amending the proposed Sheriff's Department contract as follows: (1) Adding the following subsection i. under section 1: "ELECTED REPRENSATIVES" shall be defined, for all purposes under this Agreement, as the Mayor of the City of Pontiac and the President of the Pontiac City Council. (2) Adding the following sentence after the second sentence in section 15: The 0.C.S.O. LIAISON and the MUNICIPALITY LIAISON shall invite and allow the ELECTED REPRESENTATIVES to attend all of their meetings with at least 2 days notice (unless such meetings are called on an emergency basis and 2 days notice is not possible, in which case as much advance notice as possible shall be given), and the 0.C.S.O. LIAISON and the MUNICIPALITY LIAISON shall contemporaneously copy the ELECTED REPRESENTATIVES on all written communications between the 0.C.S.O. LIAISON and the MUNICIPALITY LIAISON. (3) Amending section 25 to read as follows: The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement, and shall contemporaneously send, by first class mail, all such correspondence and written notices to the ELECTED REPRESENTATIVES at their home addresses. Motion to ensure that Pontiac's mayor and city council presidents are allowed to interview and meet any command officers before they are assigned to the city by amending the proposed Sheriff's Department contract as follows: (1) Adding the following subsection i. under section 1: i. "ELECTED REPRESENTATIVES" shall be defined, for all purposes under this Agreement, as the Mayor of the City of Pontiac and the President of the Pontiac City Council. (2) Amending the fourth sentence in section 15 to read as follows: The SHERIFF shall provide the MUNICIPALITY LIAISON and the ELECTED REPRESENTATIVES an opportunity to interview and meet any command officers before they are assigned to the Municipality, however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY shall be final. Motion to require that Pontiac's city council must approve the proposed Sheriff's Department contract in order for it to become effective by amending the first sentence of Section 23 of the proposed Sheriff's Department contract to read as follows: This Agreement, and any subsequent amendments, shall not become effective prior to their approval by all of the following: (a) the COUNTY Board of Commissioners; (b) the duly appointed Emergency Financial Manager of the MUNICIPALITY or his successor in office (if an Emergency Financial Manager is currently appointed); and (c) by a majority of the MUNICIPALITY'S city council members voting at an official city council meeting held in accordance with the MUNICIPALITY'S charter and Michigan's Open Meetings Act (regardless of whether or not an Emergency Financial Manager is currently appointed). Motion to create a Pontiac Citizens Law Enforcement Advisory Committee by amending the proposed Sheriff's Department contract as follows: (1) Adding the following subsection i. under section 1: "ELECTED REPRESENTATIVES" shall be defined, for all purposes under this Agreement, as the Mayor of the City of Pontiac and the President of the Pontiac City Council. (2) Adding the following paragraph to the end of Section 15 of the proposed Sheriff's Department contract: The COUNTY Board of Commissioners requests that the MUNCIPALITY create a Citizens Law Enforcement Advisory Committee, composed of up to seven (7) residents of the City of Pontiac. The COUNTY Board of Commissioners suggests that the members of such a Citizens Law Enforcement Advisory Committee be nominated by the Mayor of the MUNICIPALITY subject to the approval of a majority of the MUNICIPALITY'S city council members voting at an official city council meeting held in accordance with the MUNICIPALITY'S charter and Michigan's Open Meeting Act. Once formed, the Citizens Law Enforcement Advisory Committee shall be empowered to receive and review any concerns and complaints about the conduct or alleged conduct of any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES assigned to the MUNICPALITY and shall make non-binding, written recommendations to the 0.C.S.O. LIAISON, the MUNICIPALITY LIAISON, and the ELECTED REPRESENTATIVES about how to address the conduct or alleged conduct. Motion to require that Pontiac's current and former police officers must receive all of their sick payouts, vacation payouts, and other payouts owed to them in order for the contract to become effective by adding the following sentence to the end of Section 23 of the proposed Sheriff's Department contract: This Agreement, and any subsequent amendments, shall not become effective unless and until the City of Pontiac pays current and former Pontiac police officers and other Pontiac Police Department employees all sick payouts, vacation payouts, and other payouts that they are owed. A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Vote on resolution, as is: AYES: Hoffman, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer, Gingell, Greimel. (18) NAYS: Nash, Quarles, Woodward, Gershenson, Hatchet (5) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as is, was adopted. mr- I HEREBY APPROVE THE FOREGOIN MUNN ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 January 20, 2011, 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 20 th day of January, 2011. p,La 131L,_,,i 094 Bill Bullard Jr., Oakland County