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HomeMy WebLinkAboutResolutions - 1984.03.21 - 11356PUBLIC SERVICES COMMITTEE 1 HER D T. Warp HE FOR,EGOING RESOLUTION 6}c// Miscellaneous Resolution # 84049 March 8, 1984 BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON IN RE: LSTAb.L.dbilMLNT OF STANDARD COST OF LAW ENFORCEMENT SERVICES AGREEMENTS - TOWNSHIP DEPUTIES - APRIL 1, 1984 - MARCH 31, 1985 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with Townships for the purpose of providing sheriff patrol services; and WHEREAS Miscellaneous Resolution #9312 directed the County Executive's Department of Management & Budget to establish new contract rates not later than March 1 of each ensuing year; and WHEREAS such rates have been established by the County Executive's Department of Management & Budget for the one year period April 1, 1004 through March 31, 1985, consistent with the attached schedules. WHEREAS the proposed rates do not include all the potential liability from an adverse arbitration decision. NOW THEREFORE BE IT RESOLVED that the annual median rate of $48,768 be established as the annual cost per patrol officer for the fiscal year April 1, 1984 through March 31, 1985 and the median rate of $51,349 for the fiscal year April 1, 1985 through March 31, 1986, such cost to be billed in monthly increments. BE IT FURTHER RESOLVED that the above rates may be changed pending the final settlement of the arbitration award. BE IT FURTHER RESOLVED that a contract provision specifying the township would be held liable for any additional costs resulting from final settlement of the arbitration award be included in the contract. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Oaliland County.Board.of Cornrnissioners ▪ Miscellaneous Resolution ▪ Date:, AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT made and entered into this 1st day of by and between the COUNTY OF OAKLAND, through its Board of Commissioners and the Oakland County Sheriff, hereinafter referred to as "COUNTY", and the TOWNSHIP of Commerce, hereinafter referred to as "TOWNSHIP". WITNESSETH: WHEREAS, the Township is desirous of contracting with the County for the performance of Law Enforcement functions within its corporate limits by the County; and WHEREAS, the County is agreeable to rendering such services on the terms and conditions as hereinafter set forth; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County agrees to provide police protection within the corporate limits of the Township, (including the Village of ), including all private roads, said protection to consist of the enforcement of State statutes and the Township ordinances (and Village ordinances), including the writing of tickets therefore; for the purpose of performing such functions, the County shall furnish and supply patrol officer(s), their supervision, equipment, communication facilities and other necessary supplies needed in order to perform such services, including all insurances, liability insurance and other protection or benefits of whatever nature. Notwithstanding anything heretofore contained, it is agreed that in all instances where special supplies, such as stationery, notices, forms, appearance tickets, and the like needed to be executed in the name of the Township shall be required, they shall be supplied by the Township at its cost and expense. The County agrees to hold the Township harmless and defend it against any suit, claim, cause of action, etc., as the result of any act, and/or omission to act, on the part of the County or its patrol officer employees (Deputy Sheriffs), and/or agents while such patrol officer employees and/or agents are under the control of the Oakland County Sheriff or his designated representative. 2. The standards of performance, the discipline of the patrol officer(s) and other matters incident to the performance of such services and the control of the patrol officer(s) so assigned to provide such service shall remain in the county; however, the standards of performance shall not be lower than that furnished another township in Oakland County, nor shall the caliber and the ability of the patrol officer(s) supplied by lower than that furnished other townships in Oakland County. • 3. The Township shall not be required to assume any liability for the direct payment of salaries, wages or other compensation to the County for any County personnel performing the services set forth in this document except as herein otherwise specified. 4. The law enforcement service to be provided by the County shall consist of furnishing patrol officer(s) for one 8 hour shift each day for 5 days or 40 hours per week. The commencement time of the shift is to be determined by the usual shift starting and ending time established by the Oakland County Sheriffs Department. 5. The Township agrees to pay for such law enforcement service at the established yearly rate per patrol officer consistent with the attached payment schedule, such sum to be paid monthly. Billing shall commence on the date patrol officer(s) are assigned to the Township. Fractional months services will be prorated on a work clay basis for the month involved. 6. This months agreement shall be effective and shall terminate , provided that said agreement may be renewed for mutually agreed contract periods thereafter by the Township, at rates established by the County, by giving its intentions to renew said agreement in writing to the County at least 45 days prior to the expiration date. Said notice is to be sent to the Oakland County Executive and the Oakland County Sheriff, and be it provided further that either party hereto may elect not to renew same by giving written notice thereof to the opposite party at least 45 days prior to the expiration date. 7. In the event said Township elects not to renew said Agreement by giving notice as provided in Paragraph 6, the Township agrees that if it establishes its own police department it will give consideration to employ to the Oakland County Sheriffs Deputies, if any, who will be laid off by virtue of the termination of said Agreement, but in no event does the Township agree that it shall be obligated to hire such personnel. 8. The Township may terminate said agreement, upon sixty (60) days written notice delivered to the Oakland County Executive and the Oakland County Sheriff. 9. The Township agrees to be held liable for any additional costs resulting from the final arbitration award dated December 23, 1983. Providing, however, that the total cost per contracted patrol officer as defined in Paragraph 4, should not exceed $51,474 for Fiscal Year April 1, 1984, through March 31, 1985, and $54,254 for Fiscal Year April I, 1985, through March 31, 1986. Upon notification of final arbitration settlement, the County shall bill the Township for the cost differential. The Township agrees to make payment within 30 days of the date of billing. COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION WITNESSES: BY: Richard R. Wilcox, Chairman, Date Board of Commissioners BY: 30hannes F. Spreen Date Oakland County Sheriff TOWNSHIP OF Commerce Date Supervisor Date Clerk 10. The Provisions of the foregoing Agreement are concurred in by: Daniel T. Murphy Date Oakland County Executive • #84o49 March 22, 1984 22nd day of rch 1984 ALLEN Counfy Clerk/Register of Deeds Moved by Lanni supported by R. Kuhn the resolution be adopted. Moved by Caddell supported by Calandro the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by changing $48,768 to S50,574 and also the $51,349 be changed to $53,613. In the last WHEREAS paragraph delete the words "do not' so the paragraph would read: "WHEREAS the proposed rates include all the potential liability from an adverse arbitration decision." Also delete the last BE IT FURTHER RESOLVED paragraph. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as anended: AYES: Calandra, Doyon, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell. (23) NAYS: Olsen. (1) A sufficient majority having voted therefor, the resolution as amended was adopted. STATE OF MICHIGAN) COUNTY OP OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous_lktsolut io n ado ted by the Oakland Coun ty fl rd o f amiss ioners at their meeting held on March 22. 11984 with the orginiai record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this