HomeMy WebLinkAboutResolutions - 2011.07.06 - 18636.,'HMISCELLANEOUS RESOLUTION #11144
, BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE — AMENDMENT TO THE CONTRACT FOR LAW ENFORCEMENT
SERVICES IN THE CITY OF PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Office to enter into contracts with Cities, Villages and
Townships for the purpose of providing Sheriff patrol services; and
WHEREAS the Board of Commissioners approved M.R. 411019 which authorized a
contract between the City of Pontiac through the Emergency Manager; and
WHEREAS the County has determined that amendments to the contract are
necessary; and
WHEREAS there will be no change from M.R. 11019 for the positions, equipment
and financial effect for this amendment;
WHEREAS Corporation Counsel has drafted the amendments and they are included
in the attached contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached contract with the amendments, with the City of Pontiac.
BE IT FURTHER RESOLVED that the all other aspectsio M.R. #11019 remain in
effect,
edoption of the foregon rese! t4on ' / /
SUMMARY OF KEY CHANGES TO
2011 PATROL SERVICE AGREEMENT WITH PONTIAC
Updated legal reference: All references to previous EFM statute have been
replaced with new EFM law (Public Act 4 of 2011).
2. Contract Start Date: Contract to take effect on July 31, 2011 at 11:59 p.m..
Patrol Services to begin on August 1,2011 at 12:00 a.m..
3. Payment terms: Paragraph 8. Instead of paying for patrol services on a bi-
weekly basis after the services have been rendered, Pontiac will pre-pay patrol
services on a monthly basis. Pre-payment will be for regular and overtime costs.
County and City will 'square-up' for overpayment or underpayment of overtime
expenses on a monthly basis. Total contract cost remains unchanged.
4. Default triggers and cancellation rights: Paragraph 10. Contract provides that
Pontiac will be in default of the agreement if it (1) fails for any reason to pay
County any amount due under Agreement (2) fails to perform any other obligation
required under the Agreement or (3) seeks authority from the governor and state
treasurer to proceed under title 11 of the United States Code, 11 USC 101 to
1532, as provided for in section 23 of Public Act 4 of 2011. If City is in default,
the County will provide written notice of the default to the City and the City has
30 days to cure the default. If City fails to cure default within 30 days, the
County may:
a. Terminate the Agreement immediately without further notice to the
City;
b. Refrain from providing any further services or performing under the
Agreement except to the extent the County is required to provide a
minimum amount of police enforcement services required under state
law.
c. Declare all unpaid amount owed under the Agreement immediately
due and payable without further presentment, demand, protest or other
notice of any kind;
d. Exercise any and all rights and remedies available to it under the
Agreement (i.e. DTRF capture) or applicable law.
Previous contract simply provided that either party could cancel with 180 days
written notice.
5. County access to City financial records: Paragraph 11. City is required to
provide County with a copy of all financial reports prepared by the CITY
pursuant to the requirements of Public Act 4 of 2011 within 10 days of request by
the County. [New requirement]
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.0. 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:
f2
1. Besides the terms "COUNTY', "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.0." as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "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.
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 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" 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 the Local Government
District Fiscal Responsibility Act, Act No. 444 of the Public Acts of
- --44€4641e 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
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 defined as the Emergency
Manager appointed under the Local Government ai School District Fiscal
Responsibility Act, P''k', ). 4 of 2011 f tt 2 &A46-4
wpilod Law's and if no Emergency
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. LIAIISON" shall be the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The O.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.
I 4-1,2,34007.01.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 2
ift4404.0.-C nql coct to tho
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g. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement
shall be defined and interpreted as the prevention and detection of crime and the
enforcement of the general criminal laws of this state, as provided for by state statutes
and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor
vehicle and traffic ordinance violations and laws of this state, and shall also include road
patrol, crime detection, crime prevention, and criminal apprehension, as well as any
necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving
public safety, a breach of peace, civil infractions, accidents or accidental injuries, and
any related governmental law enforcement functions as authorized and/or mandated by
law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S
DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental
LAW ENFORCEMENT SERVICES contemplated and to be provided under this
Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES
authorized by law to be performed by the 0.C.S.O. 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..,L! 'T
such e 1 e
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 the 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 hiring
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 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 all 0.C.S.O. LAW ENFORCEMENT
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY,
including all private roads. --1-4 64344-44€4
2.-4144ifi-43)-.4a
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I 4-1,2-34007.01.11
0.CS.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 3
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
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
community.
5. Under the terms of this Agreement, the 0.C.S.O. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
LAW ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout
this Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown
in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW
ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the
specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the
SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
a. Except as may otherwise be expressly provided in this subparagraph or
in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to
provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the
MUNICIPALITY geographical area, due to any of the reasons described in
subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward
I 1-1,23
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 4
the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period
in which it occurred.
1. Travel time, on a daily basis, to or from the 0.C.S.O. in Pontiac,
Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that
SHERIFF'S DEPUTY'S shift starts or ends in Pontiac;
2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per
calendar year) at any 0.C.S.O. authorized or required training session, function
or meeting;
3. Provision of any Mutual Aid as described and defined above;
4. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities;
5. Performance of any LAW ENFORCEMENT SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
6. Any approved period of annual leave, sick leave, holiday leave, personal
leave, or any other approved, paid leave (except any paid disciplinary leave
and/or long-term disability leave extending beyond a period of five (5) working
days) granted to any SHERIFF'S DEPUTY in accordance with applicable
0.C.S.O. policies, procedures, and/or employment contracts.
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate law enforcement efforts to meet particular law
enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
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.O., by appointment, during normal business
hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide
prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW
ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT
SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available
by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due
to late calls, report writing, court appearances, emergencies, or holiday 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 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 made 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 unable to provide any
SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 5 I 1-4-2Z4007.01,11
and h,-..„.able on tne fL.-
8.2 All monthly base amount shall be due and ..a-„-able by MUNICIR
furt-hor notice or demand fror the COUNTY,
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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 or
indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW
ENFORCEMENT SERVICES for which the 0.C.S.O. does not incur any overtime obligation
shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All 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 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 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).
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The MUNICIPALITY will pay the 0.C.S.O. for all SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES rendered pursuant to this Agreement at the
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.C.S.O. in
providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. 1: . (e- r -
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0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 6
2.
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...,. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts
required under this Agreement within ten (10) days o date, the MUNICIPALITY agrees
that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or
eny other State of Michidant official authowized to disburse funds to the MUNICIPALITY), the
State of Mich!polan is authorirized to with old 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
lartially or completely offset any deficiency by the MUNICIPALITY at ' - -7 -'
oboe to the MUNICIPt , -i ‘.- ---i'-z. s ;4aw. -S-6teh-a- -LaLl-s 4---.-
)4s-i4er:eci-ah-assignmef4i J .4tets-expr- , e a .,. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the COUNTY, or its officials, for any such amounts paid to the COUNTY. Nothing in
this Agreement shall operate to limit in any way the COUNTY'S right to pursue any other legal
remedies against the 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
uccessive basis, as the MUNICIPALITY becomes delinquent in its payments.
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0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 7
I 14.23.4007.01.11
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may:
';••,-:mediately without further notice to the V TY.
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1120. The MUNICIPALITY and the 0.C.S.0. agree and warrant that neither the 0.0.3.0. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed
to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes
under the terms of this Agreement, the 0.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment
status and/or employment relationship exists between any SHERIFF'S DEPUTY and the
MUNICIPALITY.
134. The MUNICIPALITY and the 0.C.S.0. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.0.3.0. 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 employment taxes, and/or any other statutory or contractual
right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the
0.C.S.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 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 SHERIFF'S DEPUTY.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 8
I 14,2:3,140 7 0 I ,1
1124. 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.C.S.O. for use by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station''. Alternatively, the
0.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the MUNICIPALITY Sub-Station with 0.C.S.O. personal property and equipment.
The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for
0.C.S.O. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY driving from the main 0.C.S.O. Law Enforcement Complex in Pontiac, Michigan,
to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time"
to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that
•HERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.O.
Law Enforcement Complex instead of within the MUNICIPALITY. The MUNICIPALITY'S provision
of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.O. shall be by
mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY
be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall
the 0.C.S.O. be obligated to use any such Sub-Station facilities if offered. The MUNICIPALITY
has decided it will provide the 0.C.S.O. 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.C.S.O. 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.O.
c. Use of the Sub-Station License shall end upon the termination or expiration of
this Agreement as provided herein. Any such Sub-Station License shall also be
terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY,
or the SHERIFF
d. . SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station
facilities and equipment. The MUNICIPALITY agrees that the 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
the COUNTY with a Certificate of insurance that contains the following language: "The
MUNICIPALITY and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises 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.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 9
1153. 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.
1164. 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.
1157. 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.
166. 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.
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.C.S.O., in its sole judgment, deems required or
beneficial for the completion of any 0.C.S.O.'S duty under the terms of this Agreement. The
0.C.S.O. 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.O. by
the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 10
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.O.
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 pursuant to a separate written lease agreement
between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in
this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be
provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except
through a written lease as provided for in this paragraph.
120. 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 persons
employment by the MUNICIPALITY prior to the effective date of this Agreement.
149. 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.
1220. 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.
1124. 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.
This Agreement shall become effective a-t-at
5 4-14-4MPM.,-,-4R1144aF-y on July 31, 20114*--a (late e ' Jpon--by the pa4ies,
and shall remain in effect continuously until it expires, without any further act or notice being
quired by either party, at 11:59 P.M. on December 31, 2011. In addition, E. :1h,-", 1
s refte / 30 ti C:
11r)Ori
g_s_ttion to pro,„
0 •
ter
.he l. .n -
cause, ,a
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" 'ay the
• if-sc4 Lk
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 11 1 1-1.-/3.loo7
4-tatificat
—aoEL , date
,-,--Upon the expiration or termination of this Agreement, all further 0.C.S.0S
obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
Agreement shall end. ta
523. This Agreement, and any subsequent amendments, shall not become effective prior to
t e approval by the COUNTY Board of Commissioners, the duly appointed Emergency F14
nager of the MUNICIPALITY or his successor in office, or, if no Emergency , - al- 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 COUNTY
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.C.S.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
16:24. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.C.S.O., in
hriting, of this intent :Re-'•tar . If the MUNICIPALITY, as above, notifies the
0.C.S.O. of its intent to enter into a new agreement, and the 0.C.S.O. has a similar interest, the
0.C.S.O. shall present the MUNICIPALITY with a new proposed agreement for continued LAW
ENFORCEMENT SERVICES on, or before, August 22, 2011. In no event shall this paragraph be
interpreted to obligate the 0.C.S.0. or the MUNICIPALITY to continue any Agreement for any
LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully
executed contract is executed by the parties. In the event that the MUNICIPALITY terminates this
Agreement, or elects not to enter into a subsequent agreement because it decides to establish its
own police department, the MUNICIPALITY agrees to consider for employment in its police
department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.O. as a result of this
decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S
DEPUTY. 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.
1Z26. 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.
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.C.S.O. and
any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To
illustrate, but not otherwise limit, this 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 SHERIFF'S DEPUTY, or any other person who, in the
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 12
f''.11
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
employment and make any and all employment 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.
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 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.
10.2-8. 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.
1...24. 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.
1_330. 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.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 13
This Agreement, consisting of si•tec4sixteen (16) 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 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
fr solutions of the COUNTY Board of Commissioners and Emergency Financial Manager
ppointed under the Local Government ' :7:hoc' I? .Vic: Fiscal Responsibility Act, Act No. 44-P4
f th-e Public Acts of 2011148-8-, b444.jr-. ,,--4,:-.=-2: , - ' i. . '44.t't .k-4 ,
aws-and if no Emergency 7 --; 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
trs Agreement.
I 41-23,1607.01.11
0.C.S.O, 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 14
WITNESSES: CITY OF PONTIAC,
a Michigan Municipal Corporation
IN WITNESS WHEREOF, Michael F. Stampfler, Emergency F-i-h.encial-Manager for the
UNICIPALITY, hereby acknowledges that has been authorized by the L, and
"4-7 Act beTif..: i
1-s--attac.1-04)-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
, 20110.
BY:
MICHAEL F. STAMPFLER
Emergency .Financial-Manager
I IN WITNESS WHEREOF, BILL--B -ARQMichae I GindelHdR., 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
I day of , 20101.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
BILL BULLARD, JR,Michael J. Gin .e
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
I County Sheriff, a Michigan Constitutional r .:,,7-e4A;Cr, hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of
,20191.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
I 44,2,3-4007.01:11
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 15
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 16 I -14,Z
6 Patrol Sergeant $5,228.70 $815,676.00
1 Detective Sergeant $5,367.43 $139,553.00
Deputy II (w/fill) $5,554.46
54 Deputy II (no-fill) $4,667.23 $6,552,792.00
Deputy II (no-fill/no-vehicle) $4,427.50
Patrol investigator (no-fill) $4,812.89 $1,251,350.00 1 0"
Deputy I (no-fill) $3,721.20
74 SUB-TOTAL $9,294,841.00
Estimated Overtime
Front desk and building
security by PTNE Deputies-
12 hours per day/7 days per
week
$671,368.00
$79,498.00 4 or 5
TOTAL $10,045,707.00
SCHEDULE A
SHERIFFS DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of
SHERIFF'S DEPUTIES
Captain
Lieutenant
Number(s) of
Sheriffs
Deputies
Contracted
1
2
Bi-Weekly Charge
to Municipality
in 2011
$6,600.76
$5,792.51
Annual Costs
per calendar year
$171,620.00
$301,210.00
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 Il (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 17
I 1-1,2„1-007S11.11
SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of REGULAR HOLIDAY
Sheriffs Dep HOLIDAY P PAY/NOT HOLIDAY ADDITIONAL
uties AY WORKED1 OVERTIME 2 OVERTIME CHARGES
NOT NOT
Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO
NOT NOT
Lieutenant OPTIONAL 3 INCLUDED INCLUDED YES
Patrol
Sergeant YES
Detective
01 Sergeant YES
,, Deputy II INCLUDED INCLUDED INCLUDED NO
(w/fill)
. Deputy II , NOT NOT NOT YES
(no-fill) INCLUDED INCLUDED INCLUDED
Deputy II
1 I II 1 (no-fill/no- II I YES
vehicle)
„ „ „ Patrol „ YES
Investigator
(no-fill)
I II I I I I Deputy I / YES
(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 Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
3 Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement.
0.C.S.O. 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 18 I 11 23.14307.01.11
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 ll (w/fill) $44.99 $67.48
Deputy ll (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 19 I
Resolution #11144 July 6, 2011
Move by Dwyer supported by Middleton the resolution be adopted.
Discussion followed.
Move by Greimel supported by Hatchett to Divide the Question to consider amending the Contract
separately 1, 2, 5; 3; and 4 as outlined in the summary.
Discussion followed.
Chairperson Michael Gingell called a brief recess.
Chairperson Michael Gingell called Board back to order.
Vote on divide question:
AYES: Nash, Quarles, Woodward, Zack, Gershenson, Greimel, Hatchett. (7)
NAYS: Hoffman, Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford,
Dwyer, Gingell, Gosselin. (14)
A sufficient majority having not voted in favor, the amendment failed.
Discussion followed.
Moved by Scott supported by Gosselin to call the question and vote on the resolution as it stands.
Vote on call to question:
AYES: Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Woodward, Bosnic,
Crawford, Dwyer, Gingell, Gosselin, Hoffman. (15)
NAYS: Jackson, McGillivray, Nash, Quarles, Zack, Covey, Gershenson, Greimel, Hatchett. (9)
A sufficient majority having voted in favor, the resolution as it stands, was before the Board.
Vote on resolution as it stands:
AYES: Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Woodward, Bosnic,
Crawford, Dwyer, Gingell, Gosselin, Hoffman. (15)
NAYS: McGillivray, Nash, Quarles, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson. (9)
A sufficient majority having voted in favor, the resolution as it stands was adopted.
Discussion followed,
Moved by Woodward supported by Greimel to reconsider Miscellaneous Resolution #11144 — Sheriff's
Office — Amendment to the Contract for Law Enforcement Services in the City of Pontiac.
Commissioner Greimel addressed the Board and requested to enter on the minutes the (last vote) page
321 section 37 (Robert Rules).
Discussion followed.
Chairperson Michael Gingell called a brief recess.
Chairperson Michael Gingell called the Board back to order.
Discussion followed.
I HEREBY !l!'?RiNifTHE. fOREGV,
Commissioner Greimel addressed the Board and objected Chairperson Michael Gingell referencing the
(Robert Rules) page 322
Discussion followed.
Moved by Greimel supported by Zack to object and over-rule Chairperson Michael Gingell.
Vote on over-rule
AYES: McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett,
Jackson. (10)
NAYS: Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell,
Gosselin, Hoffman, Long. 14)
A sufficient majority having not voted in favor, the objection to over-rule Chairperson Michael Gingell was
denied.
Discussion followed.
Vote on reconsidered:
AYES: McGillivray, Nash, Quarles, VVoodward, Zack, Covey, Gershenson, Greimel, Hatchett,
Jackson. (10)
NAYS: Middleton, Nuccio, Potts, Scott, Taub, VVeipert, Bosnic, Crawford, Dwyer, Gingell,
Gosselin, Hoffman, Long, Matis. (14)
A sufficient majority having not voted in favor, the resolution that was before the Board to be reconsidered
failed.
Commissioner Greimel addressed the Board "Point of Order" to reconsider Miscellaneous Resolution
#11144 supported by Woodward.
Discussion followed.
Chairperson Michael Gingell addressed the Board and ruled Commissioner Greimel "out of order".
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
. g/ /1
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 July 6,
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 6th day of July, 2011.
Bill Bullard Jr., Oakland County