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HomeMy WebLinkAboutResolutions - 1989.07.20 - 17034March 9, 1989 MISCELLANEOUS RESOLUTION II 89065 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - ONE (1) ADDITIONAL DEPUTY POSITION - LAW ENFORCEMENT PATROL SERVICES - THE CHARTER TOWNSHIP OF OAKLAND 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 contract agreements with Local Units of Government for the purpose of Law Enforcement Patrol Services; and WHEREAS the Charter Township of Oakland wishes to enter into such an agreement for the addition of one (1) full-time Deputy for the purpose of Law Enforcement Patrol Services for the period April 1, 1989, through December 31, 1939 and renewable annually thereafter at rates established by this Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with the Charter Township of Oakland for the addition of one (1) Deputy for the purpose of Law Enforcement Patrol Services at the annual rate of $65,219 for the year ending December 31, 1989 as established by M.R. /188039. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPOli:7.2 March 23, 1989 BY: Personnel Committee, John P. Calandro, Chairperson TO: The Oakland County Board of Commissioners MR 89065- IN RE: SHERIFF DEPARTMENT - ONE (1) ADDITIONAL DEPUTY II-A POSITION - LAW ENFORCEMENT PATROL SERVICES - THE CHARTER TOWNSHIP OF OAKLAND Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced Miscellaneous Resolution, reports with the recommendation that said resolution be adopted with the following amendment: To add an additional paragraph immediately =after the paragraph beginning NOW THEREFORE BE IT RESOLVED to read: "BE IT FURTHER RESOLVE-, create one Deputy II-A position in the Township Patrol unit of Protective Services." Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE i t i 3 Oakland County Board of Commissioners Miscellaneous Resolution /I Date: AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT made and entered into this 1st Day of April, 1989 by and between the COUNTY OF OAKLAND, through its Board of Commissioners and the Oakland County Sheriff, hereinafter referred to as "COUNTY", and the Charter Township of Oakland hereinafter referred to as the "LOCAL JURISDICTION." WITNESSETH: WHEREAS, the Local Jurisdiction 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 Local Jurisdiction, including all private roads, said protection to consist of the enforcement of State statutes and the Local Jurisdiction ordinances, including the writing of tickets therefore; for the purpose of performing such functions, the County shall furnish and supply (1) REGULAR 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 Local Jurisdiction shall be required, they shall be supplied by the Local Jurisdiction at its cost and expense. The County agrees to hold the Local Jurisdiction 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 jurisdiction in Oakland County, nor shall the caliber and the ability of the patrol officer(s) supplied by lower than that furnished other jurisdictions in Oakland County. 3. The Local Jurisdiction 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 (1) REGULAR 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 Sheriff's Department. 5. The Local Jurisdiction agrees to pay for such law enforcement service at the estabished 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 Local Jurisdiction. Fractional months services will be prorated on a work day basis for the month involved. 6. This nine (9) month agreement shall be effective April 1, 1989 and shall terminate December 31, 1989, provided that said agreement may be renewed for mutually agreed contract periods thereafter by the Local Jurisdiction, 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 Local Jurisdiction elects not to renew said Agreement by giving notice as provided in Paragraph 6, the Local Jurisdiction agrees that if it establishes its own police department it will give consideration to employ to the Oakland County Sheriff's Deputies, if any, who will be laid off by virtue of the termination of said Agreement, but in no event does the Local Jurisdiction agree that it shall be obligated to hire such personnel. 8. The Local Jurisdiction may terminate said agreement, upon sixty (60) days written notice delivered to the Oakland County Executive and the Oakland County Sheriff. COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION WITNESSES: BY: Roy Rewold, Chairperson Date Board of Commissioners BY: John F. Nichols Oakland County Sheriff BY: Joan M. Buser Date Supervisor 9. The Provisions of the foregoing Agreement are concurred in by: Date BY: Daniel T. Murphy Date Oakland County Executive LAW ENFORCEMENT AGREEMENT Schedule of Contract Costs 4/1/89 - 12/31/89 CHARTER TOWNSHIP OF OAKLAND (LOCAL JURISDICTION) Annual Rate Number of Per Patrol Officer Monthly Charge Number of Total Monthly Months of Misc. Res. #88039 Per Position Positions Billing Contracted 3/10/88 To Jurisdiction (Regular) To Jurisdiction Service 1/1/89 - 12/31/89 Maximum Contract Amount $65,219.00 $ .5,434.91 1 $ 5,434.91 9 $ 48,914.19 $ 48,914.19 DE] 'S , DR. Gr. FTEUAL NOTE BY: Fr Ei RE: SH CADDELL, CSON 1) ITICML 9-T": PCSITICIN - THE CHAPTER (1&FlaP CE * • 4* MI 1 , -.4 Onairper son, Ladies and Gentlemen: Mr. ecom-reineo Deputi Salaries Overtime Fringe Benefits Leased Vehicle Insurance Uniform Replacement Deputy Supplies Uniform Cleanirg Radio Rental 2) The following ts are to the Budget: :}jenses 4-10100-436-18-00-1001 4-10100-436-18-00-1002 4-:.'1.00-436-18-00-2070 00-436-01-00-6610 00-431-01-00-6735 4-17'100-432-01-00-3774 4-10100-439-10-00-4820 4-10100-432-01-00-3772 4-10100-439-01-00-6600 3-10100-436-01-00-2605 Special 1989 $48,914 $24,289 5,693 10,666 5,775 1,358 337 348 160 288 $48,914 $ -0- this contract and that the folluedng ppriation be contract renewal with the Ttwrship of land for Law Cek ts-fnaher March 23, 1989 TO OAKI,7"7,D M ICE #89065 CF C SF Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 489065 and finds: 1) C -ie (1) reputy II-A positicn be establiShed in the Sheriff's Eepartment - Protective Services Division - Ttunship Patrol Unit for this contract, effective April 1, 1989. 3) The County Vehicle fleet be eXpanCleCI e patrol vehicle for 1989 to cover the capital cost of said vehicle and radio: 4-10100-909-01-00-9900 4-10100-436-01-00-8665 4-10100-436-01-00-8675 Contingency $(17,170) Motor Pool-Trans. 13,400 Radio - Transfer 3,770 $ -0- 4) Continuation of this position is contingent upon annual Enforcement Patrol Services. RESOLUTION # 89065 . March 23, 1989 Moved by Richard Kuhn supported by Calandro the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Bishop the resolution be adopted. Moved byCalandro supported by Bishop the resolution be amended to be consistent with the Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Skarritt, Wolf, Aaron, Bishop,_Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF 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 the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on March 23 , 192.9 with the original record thereof now remaining on file 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 23rd day of March , 1989 LYNN D. ALLEN, County Clerk R4ister of Deeds