HomeMy WebLinkAboutResolutions - 2011.11.30 - 18815November 30, 2011
REPORT (misc. #11279,)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: Sheriff's Office — Law Enforcement Services Agreement with the City of Pontiac,
January 1, 2012— December 31, 2012
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #11279 on November 9,
2011 reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried on a roll call vote:
Scott. Zack, Middleton, Dwyer, Weipert, Greimel and Covey — yes
Hatchett - no
Bosnic and Nuccio - absent
November 2, 2011
MISCELLANEOUS RESOLUTION #11279
BY: Public Services Committee, Jim Runestad. Chairperson
IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF
PONTIAC, JANUARY 1, 2012 - DECEMBER 31, 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriffs Office
to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol
services; and
WHEREAS since August 1, 2011 the County of Oakland and the Oakland County Sheriff have
contracted with The City of Pontiac, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #11241 authorized the
established rates; and
WHEREAS the City of Pontiac through the Emergency Manger has expressed an interest in
entering into a new, one (1) year, law enforcement service agreement; and
WHEREAS the City of Pontiac has requested 4,000 hours of PTNE Office Assistant II work be
added to this contract; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and, subject to the following paragraph, agrees to be bound by the terms and conditions
contained in the Oakland County Sheriff's Office 2012 Law Enforcement Services Agreement with the City
of Pontiac.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office
2012 Law Enforcement Services Agreement from the City of Pontiac, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above
Agreement, and upon receipt of a final, executed copy of the above Agreement, the Oakland County Clerk
shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners
that the above Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that the following GF/GP positions: 4030629-11093,11094, 11095,
11096, 11097, 11098, 11099, 11100, 11101, 11102, 11113, 11114, 11115, 11116, 11117, 11118, 11119,
11120, 11121, 11122, 11123, 11124, 11125, 11126, 11127, 11128, 11129, 11130, 11131, 11132, 11133,
11134, 11135, 11136, 11137, 11138, 11139, 11140, 11141, 11142, 11143, 11144, 11145, 11146, 11147,
11148, 11149, 11150, 11151, 11152, 11153, 11154, 11155, 11156, 11157, 11158, 11159, 11160, 11161,
11162, 11163, 11164, 11165, 11166, 11167, 11169, 11170, 11171, 11172, 11173, 11174, 11175,
11176, 11177, 11178, 11179, 11180, 1118' 1, 11182, 11183, 11184, and 11185 be continued in the
Contracted Patrol Unit/Patrol Services Division of the Sheriff's Office.
BE IT FURTHER RESOLVED that the following GF/GP positions: #4030510-11103, 11104,
11105, 11106, 11107 & 11108 be continued in the Communication Unit /Emergency Response &
Preparedness Division of the Sheriff's Office.
BE IT FURTHER RESOLVED that four (4) GF/GP PTNE Office Assistant II positions (1,000
hours each) be created in the Contracted Patrol Unit, Patrol Services Division, Sheriff's Office.
BE IT FURTHER RESOLVED that the future level of service, including the continuation of
positions be contingent upon the level of funding associated with this agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
OAKLAND COUNTY SHERIFF'S OFFICE
2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CITY OF PONIFittl""
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
C.O.S.°. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY;
and
Whereas, the MUNICIPALITY desires to contract with the C.O.S.°. 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:
.t2
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 non-possessive, 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 Manager appointed under the Local Government and School
District Fiscal Responsibility Act, Act No. 4 of the Public Acts of 2011, 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 Weigh master.
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 and School District Fiscal Responsibility Act,
Public Act No. 4 of 2011 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. LIAISON" 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 0.C.S.O.
LIAISON will generally be the commanding officer, ff one, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
g. "LAW ENFORCEMENT SERVICES" and fot 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
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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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. LAW ENFORCEMENT SERVICES shall
not include 0.C.S.O. police-related "Support Services," such as Marine Division, Arson
Investigation, Detective and Crime Lab services, which the 0.C.S.O. now provides on a
County-wide basis, unless expressly stated to the contrary herein. Nevertheless, such
additional "Support Services" shall continue to be made available, at no additional cost
to the MUNICIPALITY, to the same extent that the 0.C.S.O. continues to make such law
enforcement "Support Services" available, at no additional charge, to all other
communities within Oakland County.
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.
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.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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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 l 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
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;
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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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 (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), 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 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.
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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).
8. The MUNICIPALITY will pay the 0.C.S.O. for all SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown
in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.O. in providing
LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. The
NIIUNICIPALITY shall pay, in advance, to the COUNTY a base amount of $793,888.41 (Seven
undred Ninety-three Thousand, Eight Hundred Eighty-Eight Dollars and Forty-One cents) per
rb onth. The base amount payment consists of 1/12 of the sub-total estimated contract price set
forth in Schedule A. The base amount payment does not include overtime and front-desk security
costs. Overtime and front-desk security costs shall be billed by monthly invoice. Payments shall
be made as follows:
8.1 Each monthly base payment shall be paid in advance on the fifteenth (15th) of each
month for services to be rendered in the following calendar month. By way of illustration,
payment for August LAW ENFORCEMENT SERVICES under this Agreement shall be
due and payable on the fifteenth (15" day of July.
8.2 All monthly base amount payments shall be due and payable by MUNICIPALITY without
further notice or demand from the COUNTY.
8.3 Each monthly base amount payment shall be made by wire transfer or check drawn on a
MUNICIPALITY account and shall be made payable to the County of Oakland and
delivered to the attention of: Oakland County Treasurer, 1200 N. Telegraph Road,
Pontiac MI 48341-0479 or in any manner directed by the COUNTY.
8.4 Each monthly base payment shall clearly identify that it is a monthly base payment made
pursuant to the Agreement and identify the month for which MUNICIPALITY intends the
payment to apply. The COUNTY, in its discretion, may apply any monthly payment
received from MUNICIPALITY to any past due amount or monthly payment then due and
owing to the COUNTY pursuant to this Agreement.
8.5 The MUNICIPALITY agrees to pay all monthly invoices for overtime and front-desk
security within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts
required under this Agreement within ten (10) days of the due date, the MUNICIPALITY agrees
that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or
any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State
of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State and assign
those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County.
Such funds shall be paid directly to the COUNTY.- Further, the MUNICIPALITY 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
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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09.09.11
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 ("DTRF") or any
other source of funds due to the MUNICIPALITY in possession of the County, to partially or
completely offset any deficiency by the MUNICIPALITY at any time and without further notice to
the MUNICIPALITY.. 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
MUNICIPALITY 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 successive basis, as
the MUNICIPALITY becomes delinquent in its payments. In addition to any right of setoff or
recoupment provided by applicable law, all amounts due to the MUNICIPALITY shall be
considered net of indebtedness of the MUNICIPALITY to the COUNTY and the COUNTY S shall
have the right to set-off against or recoup from any amounts due to the MUNICIPALITY at any time
and without further notice to the MUNICIPALITY.
10. If the MUNICIPALITY (1) fails for any reason to timely pay the COUNTY any amount
due under this Agreement; (2) fails to perform any other obligation required under this Agreement;
or (3) seeks authority from the governor and state treasurer to proceed under title 11 of the United
Stated Code, 11 USC 101 to 1532 as provided for in section 23 of Public Act 4 of 2011; the
MUNICIPALITY shall be in default of this Agreement. The COUNTY will send written notice of any
default via first class mail to the MUNICIPALITY LIAISON. If the default is not cured within thirty
(30) days from the date of the notice, the COUNTY may:
10.1 Terminate this Agreement immediately without further notice to the MUNICIPALITY.
10.2 Refrain from providing any further services or performing under this Agreement, except
to the extent the COUNTY is required to provide a minimum amount of police
enforcement services required under state law.
10.3 Declare all unpaid amount owed under the Agreement immediately due and payable
without further presentment, demand, protest or other notice of any kind, all of which are
expressly waived by the MUNICIPALITY.
10.4 Exercise any and all rights and remedies available to it under the Agreement or
applicable law.
11. The MUNICIPALITY agrees to share and provide a complete copy of all financial reports
prepared by the MUNICIPALITY pursuant to the requirements of Public Act No. 4 of 2011 to the
COUNTY within a reasonable time not to exceed 10 (ten) days following a request by the
COUNTY.
12. The MUNICIPALITY and the 0.C.S.O. agree and warrant that neither the 0.C.S.O. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed
to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes
under the terms of this Agreement, the 0.C.S.O.'s legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment
status and/or employment relationship exists between any SHERIFF'S DEPUTY and the
MUNICIPALITY.
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13. The MUNICIPALITY and the 0.C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.C.S.O, shall remain the sole and exclusive employer of
all SHERIFF'S DEPUTIES and that the 0.C.S.O. 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.O. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not
grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits,
privileges, gifts, equipment. automobiles, personal property, supplies, benefits, entitlement,
consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for
the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or
otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable
equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided,
and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted
as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on
behalf of, any individual SHERIFF'S DEPUTY.
14. 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
SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.O.
Law Enforcement Complex instead of within the MUNICIPALITY. The MUNICIPALITY'S provision
of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.O. shall be by
mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY
be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall
the 0.C.S.O. be obligated to use any such 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
0.C.5.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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09.09.11
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 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, 2012. All Certificates of Insurance are subject to approval by the
Oakland County Office of Risk Management.
15. 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.
16. 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.
17. The 0.C.S.O. LIAISON will maintain regular lines of communication with the
MUNICIPALITY LIAISON and will be responsive to administrative and operational needs of the
MUNICIPALITY. The 0.C.S.O. LIAISON will be available to meet weekly or when otherwise
requested by the MUNICIPALITY LIAISON to discuss particular law enforcement needs and will
provide a weekly report to the MUNICIPALITY LIAISON 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,
0.C,S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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09.09.11
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.
18. 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.
19. 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
0.0.5.0. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES'
business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc.,
except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc.,
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.O. by
the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the
MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular
telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles,
etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY
assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.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.
20. 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.
21. 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.
22. 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.
23. 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
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity
for either Party.
24. This Agreement shall become effective at 12:01 A.M., January 1,2012 and shall remain
in effect continuously until it expires, without any further act or notice being required by either
party, at 11:59 P.M. on December 31, 2012. In addition, either party may terminate this Agreement
for convenience or for any reason upon thirty (30) days prior written notice. Upon notice of
termination, COUNTY will continue to provide LAW ENFORCEMENT SERVICES through the date
of termination and the CITY shall be liable for full payment of all LAW ENFORCEMENT
SERVICES provided. Either party may terminate this Agreement for cause upon thirty (30) days
written notice if the other party fails to comply with any material term or condition of this
Agreement, including without limitation failure to timely submit full payment. In the event of
termination for cause, the non-terminating party shall be liable for the reasonable costs incurred by
the terminating party related to the termination, in addition to any and all other remedies available
to the terminating party. If a determination is made that the Agreement was improperly terminated
for cause, then the termination shall be deemed to have been for convenience. If this Agreement
is terminated, the MUNICIPALITY will fully reimburse the COUNTY for all direct and indirect labor
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 COUNTY employees hired by the
COUNTY to fulfill the terms of this Agreement. Upon the expiration or termination of this
Agreement, all further 0.C.S.0' s obligation to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY under this Agreement shall end. Upon the expiration or termination of this
Agreement, all further 0.C.S.O.'S obligations to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY under this Agreement shall end.
25. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by the COUNTY Board of Commissioners, the duly appointed Emergency Manager of
the MUNICIPALITY or his successor in office, or, if no Emergency 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.
26. 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.0., in
writing, of this intent. If the MUNICIPALITY, as above, notifies the 0.C.S.O. of its intent to enter
into a new agreement, and the 0.0.5.0. has a similar interest, the 0.C.S.O. shall present the
MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
on, or before, August 22, 2012. In no event shall this paragraph be interpreted to obligate the
0.C.S.O. 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 C.O.S.°. as a result of this decision, hut 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.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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27. 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.
28. 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
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.0, 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.
29. 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.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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30. 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 non-possessive, shall be deemed to include the other
whenever the context so indicates or requires.
31. 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 rig ht 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.
32. 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.
33. This Agreement, consisting of sixteen (17) 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 resolutions of the
COUNTY Board of Commissioners and Emergency Manager appointed under the Local
Government and School District Fiscal Responsibility Act, Act No. 4 of Public Acts of 2011, and if
no Emergency Manager is in place, the chief elected official of the MUNICIPALITY (i.e., City Mayor
or Township Supervisor) according to the procedures set forth in this Agreement.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
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WITNESSES: CITY OF PONTIAC,
a Michigan Municipal Corporation
IN WITNESS WHEREOF, LOUIS SCHIMMEL, Emergency Manager for the MUNICIPALITY,
hereby acknowledges that has been authorized by the Local Government and School District
Fiscal Responsibility Act being Public Act 4 of 2011to 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 , 2011.
BY:
LOUIS SCHIMMEL
Emergency Manager
IN WITNESS WHEREOF, Michael J. 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 COUNTY OF OAKLAND and hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of
, 2011.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
Michael J. Gingell
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF
OAKLAND to the terms and conditions of the Agreement on this day of
. 2011.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
0.C.5.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 14
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SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
i i Rank(s) of Number(s) of 1 Bi-Weekly Charge Annual Costs
SHERIFF'S DEPUTIES Sheriffs to Municipality per calendar year
Deputies in 2012
Contracted
Captain 1 $7,055.44 $183,441
Lieutenant 2 $6,223.91 $323,644 '-----
Patrol Sergeant 6 $5,630.24 $878,316
Detective Sergeant 1 S5,779.68 $150,272
Deputy ll (w/fill) $5,637.07
Deputy ll (no-fill) 54 $4,778.16 $6,708,528
Deputy II (no-fill/no-vehicle) $4,507.93
Patrol Investigator (no ill) 10* $4,932.54 $1,282,460
Deputy I (no-fill) $4,028.87
SUB-TOTAL 74 59,526,661
Estimated Overtime $680,000
Front desk and building
security by PINE Deputies- $80,000 12 hours per day/7 days per
week
4 PTNE Office Assistants $87,000
TOTAL 83 810,373,661
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.0.3.0. shall,
at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S
DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a
PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-
weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through
Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the 0.0.5.0. 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. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 15
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SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of REGULAR HOLIDAY
Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL
Deputies PAY VVORKED I OVERTIME2 OVERTIME CHARGES
NOT NOT
Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO
NOT NOT
Lieutenant OPTIONAL' INCLUDED INCLUDED YES
Patrol
I Sergeant V It YES
Detective
Sergeant YES
Deputy II ,, INCLUDED INCLUDED INCLUDED NO
(w/fill)
Deputy II .. NOT NOT NOT YES
(no-fill) INCLUDED INCLUDED INCLUDED
Deputy II ,, (no-fill/no- ., ,, ,, YES
vehicle)
VI Patrol PI YES
Investigator
(no-fill)
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.
2Billed at Overtime Hourly Rate Shown in SCHEDULE C -HOURLY RATES.
'Depends on Holiday Schedule, Individual Work Schedule?, and Collective Bargaining Agreement.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 16
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Part Time Non-Eligible
(PINE) Deputy
$18.20 N/A
SCHEDULE C
HOURLY RATES
Regular Overtime
Hourly Hourly
Rate 2012 Rate
2012
Captain N/A* N/A'
Lieutenant $58.59 $87.89
Patrol Sergeant $53.26 $79.90
Detective Sergeant $53.26 $79.90
Deputy II (w/fill) $43.58 $65.38
Deputy II (no/fill) $43.58 $65.38
Deputy II (no-fill/no-vehicle) $43.58 $65.38
Patrol Investigator (no-fill) $43.58 $65.38
Deputy I (no-fill) $34.46 $51.69
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC
Page 17
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Resolution #11279 November 2, 2011
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
Sheriff. Sp. Dep
Total Revenues
Salaries
Social Sec
Retirement
Workers Comp
Unemployment
Total Expenditures
FY 2012
$ 66,466
$ 66.466
$ 56,680
822
2,051
703
210
S 66,466
FISCAL NOTE (MISC. #11279) November 30, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF
PONTIAC, JANUARY 1, 2012 — DECEMBER 31, 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Miscellaneous Resolutions #11241 authorized the established patrol contract rates for
calendar year 2012.
2. The total annual contract price is $10,373,661 as established through standard law
enforcement services contract rates and negotiations with the Emergency Financial
Manager of the City of Pontiac for all services included in this contract agreement.
3. The contract period is effective January 1, 2012 through December 31, 2012.
4. The contract agreement provides for the continuation of one (1) Captain, two (2)
Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol
Investigators, fifty-four (54) Deputy ll (no-fill) positions, and nine (9) GF/GP PINE 1,000
hours/year Court Deputy ll positions, for a total of eighty-three (83) positions contracted
for this community.
5. The contract agreement also provides for the continuation of six (6) existing Dispatch
Specialists in the Communications Unit/Emergency Response & Preparedness Division
of the Sheriff's Office to provide police dispatch services.
6. The City of Pontiac and the Oakland County Sheriff's Office have requested 4,000 hours
of clerical support be added as part of the contract by creating four (4) GF/GP PTNE
1,000 hours/year Office Assistant II positions in the Patrol Services Division/Contracted
Patrol Unit-Pontiac.
7. There are no changes in the number of vehicles or radios associated with this contract.
8. The FY 2012 budget is amended as follows,
GENERAL FUND (#10100)
Sheriff Revenues — Patrol Services
4030601-116180-632093-40420
Sheriff Expenditures — Patrol Services
4030601-116180-702010
4030601-116180-722790
4030601-116180-722770
4030601-116180-722750
4030601-116180-722820
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long, Runestad, Greimel and Quarles absent.
e 094
Resolution #11279 November 30, 2011
Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted.
Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Greimel supported by Covey the resolution be amended as follows:
Commissioner Bosnic previously recused himself of voting on this matter due to conflict of interest, he
stated that the Firm he works for cleared him to vote.
Discussion followed.
Motion to Amend Pontiac Sheriff Contract as follows:
(1) Replace paragraph 8 (that requires the City of Pontiac, unlike all other communities, to prepay
for patrol services) with the standard paragraph 8 language contained in the contracts between
the sheriff's department and all other communities that contract with it.
(2) Delete paragraph 10 (that allows the sheriffs department to terminate the contract immediately)
in its entirety and renumber the subsequent paragraphs accordingly.
(3) Revise the second sentence in paragraph 24 to allow termination of the agreement upon ninety
(90) days notice (like all other communities' contracts), instead of only thirty (30) days notice.
A sufficient majority having not voted in favor, the amendment failed.
Vote on resolution, as is:
AYES: Dwyer, Gershenson Gingell, Gosselin, Greimel, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Zack,
Bosnic, Covey, Crawford. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
I r .;11-LlY APPROVE THE FOREGO:1'4G RESOLUTION STATE OF MICHIGAN) n
COUNTY OF OAKLAND) AnTun.plif A IT Ill 1071 DA I. Bill Bullard Jr., Clerk of the County of Oakland, do herebreOrtitrirldf yrtgONYegrdlt1/1612WAs a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
30, 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 30th day of November, 2011.
Bill Bullard Jr., Oakland County