HomeMy WebLinkAboutResolutions - 2011.07.21 - 18649\PUBLI/C,PAVICES COMMITTEE
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July 6, 2011 /
1 eMISCELLViEOUS RESOLUTION #11140
BY: Public Services Committee, Jim Runestad, Chairperson
—1:14F-RE1 SHERIFF'S OFFICE - NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE CITY OF ROCHESTER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted
Miscellaneous Resolution #00307 on December 14, 2000 authorizing the
Narcotics Enforcement Team (NET) to operate under the direction of the
Sheriff; and
WHEREAS as part of the policy and operational control on NET, the
County and the local units have agreed upon the attached Interlocal
Agreement (M.R. # 01024); and
WHEREAS the City of Rochester is requesting to join the Oakland
County Narcotics Enforcement Team; and
WHEREAS the City of Rochester has agreed to the attached
Interlocal Agreement between the City and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to
allow the City of Rochester to participate in NET and have agreed to the
attached Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Interlocal Agreement with The City
of Rochester and authorizes the Chairperson of the Board to sign the
agreement.
BE IT FURTHER RESOLVED that one unmarked vehicle with radio and
prep be added to the County fleet.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
Public Services Committee Vote:
Motion carried unanimously on a roll call vot
TAW of iloriltstrr
400 SIXTH STREET
ROCHESTER, MICHIGAN 48307
TELEPHONE (248) 651-9061
FAX (248) 651-2624
WWW.ROCHESTERMI.ORG
June 7, 2011
Steven Schettenhelm
Chief of Police
Jaymes Vettraino
City Manager
Sheriff Michael Bouchard
1201 North Telegraph
Building 38 E
Pontiac MI 48341-1044
Dear Sheriff Bouchard,
It is the intent of the City of Rochester to assign a Rochester Police Officer to the
Oakland County Narcotics Enforcement Team. This position has been approved by
the City Council and funding is allocated in the 2011-2012 fiscal year budget. Once an
interlocal agreement establishing the position has been executed by Oakland County
and the City of Rochester, we look forward to working with Lt. Quisenberry to
develop and make this assignment.
Please proceed with the process to complete the necessary interlocal agreement. Upon
receipt we will present the agreement to our City Council for review and approval. If
you have any questions, or require any additional information from the City to
process this request, please let us know.
Sincerely,
Date: June 8, 2011
Oakland County Department of Corporation Counsel
Request for Legal Assistance* (See 'Note below)
PRIVILEGED AND CONFIDENTIAL — ATTORNEY/CLIENT COMMUNICATION
Requested By: Dale Cunningham
Phone Number: 248-858-5512
Department:Sheriff
Contact Person: Dale Cunningham
Phone: 248-858-5512
Authorization (Elected Official/Dept. Head/Division Manager or
Other Authorized Supervisor)
Signature:
Division: Front Office
Email address: cunninghamd@oakgov.com
Contact Person is the individual authorized by the Department Head/Manager to represent the department in this matter. The Contact
Person should be authorized to decide any 'client' issues, make necessary business decisions as well as provide any additional
factual information or documents requested. This individual must also be able to participate in any negotiations or dispute resolution
with third parties as necessary.
BRIEF SUMMARY OF LEGAL QUESTION:
Review the attached resolution, agreement et.al to take to Public Services committee on June 28, 2011.
Requesting Department is responsible for providing all factual and historical background information/documentation including, but
not limited to, all applicable Board of Commissioners resolutions, County policies, grants, prior legal opinions, contractual details or
requirements, Department actions, etc., that might bear on the immediate request. Corporation Counsel legal response will not begin
until all relevant documentation has been received and will be based upon the facts, information, and documents provided.
DESIRED RESPONSE TIMEFRAME
(brief explanation — e.g. Board of Commissioners meeting; contract expiration; hearing date; mailing deadline; etc., to assist
Corporation Counsel in establishing priorities)
June 20,2011
Attachments: Yes EI No Sending by: Li Inter-County mail I Z Email 11) Hand delivery
THIS COMPLETED FORM, WITH REQUIRED AUTHORIZATION CAN BE "E-MAILED" TO:
corpcounselftoakqov.com OR SENT BY FAX: (248) 858-1003
Deliver hard copies to the attention of: Corporation Counsel Assignmen
*NOTE:
ANY NEW LAWSUIT, FREEDOM OF INFORMATION ACT REQUESTS, EEOC, MDCR COMPLAINTS
AND RELATED DOCUMENTS SHOULD BE DATE STAMPED AND
HAND-DELIVERED ON THE DAY RECEIVED
fl
OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM
BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER
This Interlocal Agreement ("the Agreement") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and City of Rochester, a municipal corporation located in the County
of Oakland, 400 Sixth Street, P.O. Box 80010, Rochester, Michigan 48307
("Participating Agency"). In this Agreement, the County and the Participating Agency
may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501, et seq., the County and the Participating Agency enter into this
Agreement for the purpose of creating the Oakland County Narcotic Enforcement Team
under the direction and supervision of the Oakland County Sheriff's Department
("OCSD") and creating the Oakland County Narcotic Enforcement Team Advisory Board
to provide recommendations and counsel regarding the direction and operation of the
Oakland County Narcotic Enforcement Team.
The mission of the Oakland County Narcotic Enforcement Team is to encourage
interagency cooperation between law enforcement agencies within Oakland County and
other federal agencies in an effort to apprehend and convict those involved in the use,
sale, and distribution of illegal drugs and narcotics.
The goals of the Oakland County Narcotic Enforcement Team are:
1. To investigate drug trafficking within Oakland County with the purpose of
detecting and apprehending persons who violate narcotic and drug laws within
Oakland County,
2. To provide a means of training officers of these agencies in the techniques of
narcotic and drug law enforcement.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services
and obligations set forth in this Agreement shall be provided through the Oakland
County Sheriff's Department. All Participating Agency's services and obligations set
forth in this Agreement shall be performed by the City of Rochester. The Oakland
County Narcotic Enforcement Advisory Board will provide recommendations and
City of Rochester Net Interlocal Agreement
Page 1
counsel regarding the direction and operation of the Oakland County Narcotic
Enforcement Team.
2. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation marks,
or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
2.1. County means Oakland County, a Municipal and Constitutional Corporation,
including, but not limited to, any and all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees,
agents, subcontractors, volunteers, and/or any such person's successors.
2.2. Day means any calendar day beginning at 12:00:01 a.m. and ending at 11:59:59
p.m.
2.3. Fiscal Year means October 1 to September 30.
2.4. Participating Agency means City of Rochester, including, but not limited to, its
Council, any and all of its departments, divisions, committees, authorities,
elected and appointed officials, directors, board members, council members,
commissioners, employees, agents, subcontractors, volunteers, and/or any such
person's successors.
2.5. Oakland County Narcotic Enforcement Team "NET" means a multi-
jurisdictional task force under the direction and supervision of the Oakland
County Sheriff's Department, operating pursuant to the mission and goals set
forth in the Agreement
2.6. Oakland County Narcotic Enforcement Team Advisory Board ("NET
Advisory Board") means the body made up of the Participating Agency's Police
Chief or their designee who supply personnel to NET on a full-time basis and a
representative of the Oakland County Prosecutor's Office.
3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly
promulgated amendments are incorporated and are part of this Agreement.
3.1. Exhibit A. NET Bylaws.
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in
this Agreement and applicable changes in law, the County shall provide the
following:
4.1. A building for use by NET, including repair and maintenance of the building;
4.2. Utilities for the building, including, but not limited to, electricity, heating,
cooling and water;
4.3. Janitorial Services;
4.4. Office furniture and equipment, including, but not limited to, telephones, copier,
fax, office supplies, and computer hardware and software, and repair and
maintenance of such furniture and equipment;
4.5. Security equipment for the building;
City of Rochester Net Interlocal Agreement
Page 2
4.6. Fire alarm and detection equipment;
4.7. Coordination of training of NET personnel;
4.8. Except for a duty weapon, equipment related to the operation of NET, including,
but not limited to, radios, cellular phones, pagers, bullet proof vests, travel
related to NET operations, and investigative expenses related to NET operations;
4.9. Vehicles needed for the operation of NET;
4.10. Deputation of all NET personnel; and
4.11. Liability Protection for the employees assigned to NET by the Participating
Agency as set forth in Section 8.2.
5. PARTICIPATING AGENCY'S RESPONSIBILITIES. Subject to the terms and
conditions contained in this Agreement and applicable changes in law, the
Participating Agency shall provide the following:
5.1. One or more full-time employees with a duty weapon for participation in NET.
All costs associated with employment, including, but not limited to, wages, salary,
overtime, benefits, local, state and federal taxes associated with employment, and
worker's compensation, which costs shall be the sole responsibility of the
Participating Agency.
6. NET ADVISORY BOARD RESPONSIBILITIES. Subject to the terms and
conditions contained in the Agreement and applicable changes in law, the NET
Advisory Board shall perform the following:
6.1. Provide recommendations and counsel regarding the direction and operation of
NET; and
6.2. Create and regularly review the NET Bylaws and amend them if necessary.
6.3. The Advisory Board shall meet at least quarterly. Proper notice of the meetings
shall be sent to all Participating Agencies at least seven (7) calendar days before
the meeting is scheduled.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. The Agreement and any amendments hereto shall be effective when executed by
both Parties with concurrent resolutions passed by the governing bodies of each
Party, and when the Agreement is filed according to MCL 124.510. The
approval and terms of this Agreement and any amendments hereto shall be
entered in the official minutes of the governing bodies of each Party.
7.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 9.
8. ASSURANCES.
8.1. Except as provided in Section 8.2, each Party shall be responsible for its own acts
and the acts of its employees, agents, and subcontractors, the costs associated
with those acts, and the defense of those acts.
City of Rochester Net Interlocal Agreement
Page 3
8.2. Because the employees specifically assigned and supplied by the Participating
Agency to the Task Force are under the control and supervision of the County,
i.e., the Task Force Sergeant, such employees of the Participating Agency will be
covered under the County Indemnification Policy (specifically, County
Miscellaneous Resolutions 85339 and 86124 and any amendments thereto) for
law enforcement professional liability while acting within the scope of their
authority under the Task Force. Consistent with County Miscellaneous
Resolutions 85339 and 86124, and as further described in such Resolutions, the
County shall select the attorney to represent individuals on the Task Force and
shall remain in control and supervision over any claims or lawsuits involving the
individuals on the Task Force including, but not limited to, settlement of any
claims or lawsuits. The County liability protection pursuant to this Section shall
be primary and the Participating Agency's liability protection shall be excess.
9. TERMINATION OR CANCELLATION OF AGREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon 30 days
notice before the effective date of termination or cancellation. The effective date
for termination or cancellation shall be clearly stated in the notice.
9.2. The Parties shall not be obligated to pay a cancellation or termination fee if this
Agreement is cancelled or terniinated as provided herein.
10. SUSPENSION OF SERVICES. Upon notice to the Participating Agency and
recommendation from the NET Advisory Board, the County may immediately
suspend this Agreement or the Participating Agency's participation in NET if the
Participating Agency has failed to comply, within the County's discretion, with
federal, state, or local law, or any requirements contained in this Agreement. The
right to suspend services is in addition to the right to terminate or cancel this
Agreement contained in Section 9. The County shall incur no penalty, expense, or
liability if services are suspended under this Section.
11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation,
and/or any other right in favor of any other person or entity.
12. COMPLIANCE WITH LAWS, Each Party shall comply with all federal, state, and
local statutes, ordinances, regulations, administrative rules, and requirements
applicable to its activities performed under this Agreement, including, but not limited
to, the policies, procedures, rules and regulations attached as Exhibits to this
Agreement, and properly promulgated amendments to those Exhibits.
13. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or another persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment, or any matter directly or
indirectly related to employment in violation of any federal, state or local law.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations for its employees and/or agents necessary to perform
City of Rochester Net Interlocal Agreement
Page 4
all its obligations under this Agreement. Upon request, a Party shall furnish copies of
any permit, license, certificate or governmental authorization to the requesting Party.
15. RESERVATION OF RIGHTS. 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.
16. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to.
an act of God, war, acts of government (other than the Parties'), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the other Party. A delegation, subcontract and/or assignment
made without the prior written consent of the other Party is void.
18. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently effect its right to require
strict performance of this Agreement.
19. SEVERABILITY. If a court of competent jurisdiction finds a teini or condition of
this Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
20. CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing by first class or certified U.S. mail.
City of Rochester Net Interlocal Agreement
D.,
21.1. If Notice is set to the County, it shall be addressed and sent to: Oakland
County Sheriff Office, 1200 N. Telegraph, Building 38 East, Pontiac, MI
48341 and Chairperson of the Oakland County Board of Commissioners,
1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341-0470.
21.2. If Notice is sent to the Participating Agency, it shall be addressed to:
Chief of Police, City of Rochester, 400 Sixth Street, P.O. Box 80010,
Rochester, Michigan 48307.
21.3. Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue is
proper in the courts set forth above.
23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recission, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Party's governing body.
24. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning and not construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the teims and
conditions contained herein.
City of Rochester Net Interlocal Agreement
Page 6
IN WITNESS WHEREOF,
hereby acknowledges that he has been authorized by a resolution of the City of Rochester
Council, a certified copy of which is attached, to execute this Agreement on behalf of the
City of Rochester:
EXECUTED: DATE:
Name;
Title:
WITNESSED: DATE:
Name
Title
IN WITNESS WHEREOF, Michael Gingell, 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 Oakland County.
EXECUTED: DATE:
Michael Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Bill Bullard, Jr., Clerk, Register of Deeds
County of Oakland
City of Rochester Net Interlocal Agreement
Pace 7
Resolution #11140 July 6, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
$ 788 $ 131
$ 131 $ias
FISCAL NOTE (MISC. #11140) July 21, 2011
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: SHERIFF'S OFFICE NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL AGREEMENT
WITH THE CITY OF ROCHESTER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The City of Rochester has requested to join the Oakland County Narcotics Enforcement
Team (NET),
2, This agreement authorizes one unmarked vehicle with a radio and prep be added to the
County Fleet.
3. Capital acquisition funding of $17,000 for a used car, preparation labor, and parts is
available in Law Enforcement Enhancement (4030101-222430), which has a current
balance of $984,469.17 as of July 5,2011.
4. Annual operating expenses for the leased vehicle (including gasoline surcharge) is
$9,430 and radio cost is $788 for a total operating cost of $10,218.
5. Remaining operating expenses for FY 2011 is $1.572 for the leased vehicle and $131 for
the radio, for a total operating cost of $1,703.
6. Funding is available in the Sheriff's Office General Fund departmental budget to cover
the operating expense for FY 2011.
7. The FY 2011 budget and FY 2012-2014 County Executive Recommended Budget are
amended as follows:
GENERAL FUND #10100 FY 2011 FY 2012 -2014
Revenues
4030601-112580-670285 Enhancement Funds $ 1,703 $10,218
4030101-112580-670285 Enhancement Funds 17,000 0
1_8,7_03 $ _10,218
Expenditures
4030601-116180-788001-66100 Trfrs to Motorpool 17,000
4030601-110000-776661 Motor Pool 1,572 9,430
4030601-110000-777560 Radio Comm. 131 788
$ 18,703 $ 10,218
Net General Fund Revenues and Expenditures 0 $ 0
MOTOR POOL FUND #66100
Revenues
1030811-184010-631071 Leased Equipment $ 1,572 $9,430
1030811-184010-695500-10100 Trfrs from General 17,000 0
Total Motorpool Revenue $ 18 572 $ 9,430
Expenditures
1030811-184010-761156 Depreciation $ 1,572 $ 9,430
Total Motorpool Expenses $ 1,572 $ 9,430
Motorpool-Estimated Change in Fund Equity $ 17,000 $
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment
Total Radio Comm. Revenue
Expenditures
1080310-116170-750170 Expendable Equip. $ 131 $ 788
Total Radio Communications Expenses $ 131 $7.M
Radio Comm.-Estimated Change in Fund Equity $ 70- $ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Greimel absent,
Resolution #11140 July 21, 2011
Moved by Runestad supported by Zack the resolutions (with fiscal notes attached) on the
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Weipert,
Woodward, Zack, Bosnic, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the
Consent Agenda were adopted (with accompanying reports being accepted).
ITTI' APPROVE THE _FOREGOING RESOLUTION
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 July 21, 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 21' day of July, 2011.
Bill Bullard Jr., Oakland County