HomeMy WebLinkAboutResolutions - 2011.12.15 - 18835December 15, 2011
REPORT (MISC. 1t11301)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: Sheriff's Office — Standard Law Enforcement Services Agreement with the
Charter Township of Lyon, January 1, 2012 — December 31, 2012
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #11301 on December 7,
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
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Zack, Hatchett and Greimel absent
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Runestad absent
November 30, 2011
MISCELLANEOUS RESOLUTION #11301
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFFS OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE CHARTER TOWNSHIP OF LYON, 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
Sheriff's Office to enter into contracts with Townships, Villages and Cities for the purpose of
providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have
contracted with Lyon Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #11241 authorized
the established rates language; and
WHEREAS the Charter Township of Lyon has expressed an interest in entering into a new,
one (1) year, law enforcement service agreement; and
WHEREAS the Charter Township of Lyon is requesting to delete two (2) Deputy II (no-fill)
from this agreement bringing the number of Deputy II (no-fill) to ten (10) and the total number of
deputies contracted to twelve (12); 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 Sheriffs Office 2012 Law Enforcement Services
Agreement with the Charter Township of Lyon.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County
Sheriff's Office 2012 Law Enforcement Services Agreement from the Charter Township of Lyon,
accompanied by a certified copy of the resolution of the Township Board accepting the Agreement.
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, together
with a certified copy of that community's governing body resolution approving same, 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 two (2) GF/GP Deputy II positions (#4030623-01241,
and 09425) be deleted in the Contracted Patrol Unit, Patrol Services Division, Sheriff's Office.
BE IT FURTHER RESOLVED that the following GF/GP positions: 4030623-06937 ;
01382, 02523, 03201 ; 06276, 06711, 07279 ; 09302, 10029, 10637 ; 10783, and 10784 be
continued in the Contracted Patrol Unit/Patrol Services Division of the 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
OAKLAND COUNTY SHERIFF'S OFFICE
2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH LYON TOWNSHIP
This Agreement is made and entered into between the Township of Lyon, a Michigan Constitutional
and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 58000 Grand River Avenue, New Hudson, Michigan, 48165, (hereafter
the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and M unicipal
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 0.0 .SO. 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 0.0.5.0. and the M UNICIPALITY 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.O. for such additional Law
Enforcement Services in the MUNICIPALITY; and
Whereas, the 0.C.S .0. 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:
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 em ployed in that capacity.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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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 M UNICIPALITY office or
such persons appoi nted, pursuant to state law, to fill a vacant elected office pending an
election, 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 . Weighmaster.
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 M UNICIPALITY 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 the defined as 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 Agreem ent.
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, if one, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
g. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreem ent
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.
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 w ho,
pursuant to state law, is a sworn Deputy of the SHERIFF.
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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. LAW ENFORCEMENT SERVICES, as defined above, 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 .0. continues to make such law enforcement
"Support Services" available, at no additional charge, to all other communities within Oakland
County.
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 govern mental 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.0.'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
cornmunity.
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
O.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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LAW ENFORCEMENT SERVICES contemplated under this Agreenn ent. 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 tow ard
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 SHE RIFF'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 appear ance
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
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to late calls, report writing, court appearances, em ergencies (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 0.0 .S.O, is able 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 .0. 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 A greement 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 .0. 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. For every bi-weekly period (corresponding to established 0.C.S .0. payroll periods)
during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the
MUNICIPALITY under the terms of this Agreement, the 0.C.S .0. shall prepare and send to the
MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S
DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any
charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein,
during that bi-weekly billing period. All overtime charges are to be item ized and designated for
the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due
on any such invoice within 30 days of the invoice date.
9. If the MUNICIPALITY, for any reason, fails to pay the COUNTY any monies when and
as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by
law, the County or the County Treasurer, at their sole option, shall be entitl ed to setoff from any
other MUNICIPALITY funds that are in the COUNTY'S possession for any reason. Funds
include but are not limited to the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or
retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by
the MUNICIPALITY to the COUNTY. MUNICIPALITY waives any CLAIMS against the
COUNTY or its Officials for any acts related specifically to the COUNTY'S offsetting or retaining
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such amounts. This paragraph shall not lim it MUNICIPALITY'S legal right to dispute whether
the underlying amount retained by the COUNTY was actually due and owing under this
Agreement.
If the COUNTY chooses not to exercise its right to setoff or if any setoff is insufficient to fully pay
the COUNTY any amounts due and owing the COUNTY under this Agreement, the County shall
have the right o charge up to the then-maximum legal interest on any unpaid amount. Interest
charges shall be in addition to any other amounts due to the COUNTY under this Agreement.
Interest charges shall be calculated using the daily unpaid balance method and accumulate until
all outstanding amounts and accumulated interest are fully paid.
Nothing in this section shall operate to limit the COUNTY'S right to pursue or exercise any other
legal rights or rem edies under this Agreement against the MUNICIPALITY to secure
reimbursement of amounts due to the County under this Agreement. The remedies in this
Section shall be available to the COUNTY on an ongoing and successive basis if the
MUNICIPALITY at any time becomes delinquent in its payment. Notwithstanding any other term
and condition in this Agreement, if the COUNTY pursues any legal action in any court to secure
its payment under the Agreement the MUNICIPALITY agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the COUNTY in the collection of any
amount owed by the MUNICIPALITY.
10. 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 ter ms of this Agreement, the 0.C.S.O.'S legal status and relations hip 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.
11. 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 corn puters, beepers, etc.) supplied, provi ded, 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.
12. 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
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installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in
MUNICIPALITY-owned or leased buildings to the 0.C.S .0. 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.0. use by minimizing the time spent by SHERIFF'S
DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.0. 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 ter ms of this
Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.0. be obligated to use
any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide
the 0.C.S.O. with Sub-Station facilities and the 0.0.8.0. agrees to use such Sub-Station
facilities, the following terms and conditions shall apply:
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.0. 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 .0.
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 w ill 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 Oak land 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 Sheriffs 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.
13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this
Agreement does not, and is not i ntended to, transfer, delegate, or assign to the C OUNTY, the
SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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11.02.11
care, or liability associated with any governmental function delegated and/or entr usted to the
MUNICIPALITY under existing law.
14. 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.
15. The MUNICIPALITY LIAISON may contact the O.C.S .0. LIAISON, as defined above, to
request, advise, or otherwise make the 0.C.S.0. aware of particular law enforcement needs
and services within the MUNICIPALITY, or to provide other relevant information which has
come to the attention of the MUNICIPALITY LIAISON. 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 crim inal 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.
16. 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 om ission(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.
17. 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 equipm ent that the 0.0 .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 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
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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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.
18. Each Party shall be responsible for any CLAIMS made against that Party and for the
acts of its Employees or AGENTS.
19. In any CLAIMS that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs as sociated with such representation
including any attorney fees.
20. 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.
21. This Agreement does not, and is not intended to, inn pair, 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.
22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
January 1,2012, and shall rem ain 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, any
party may terminate this Agreement, prior to its December 31, 2012 expiration, upon written
notification to all others at least ninety (90) days prior to the proposed term ination date, which
date shall be clearly stated in the written notice. 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.
23. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by concurrent resolutions of the COUNTY Board of Commissioners and 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 Governing Body 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.0,
and shall not become effective or implemented prior to its filing with the Secretary of State.
24. In the event that the M UNICIPALITY 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 writing, of this intent no later than July 31, 2012. 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 .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 .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 exec uted by the parties. In the event that the MUNICIPALITY
terminates this Agreement or elects not to enter into a subsequent agreem ent 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.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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25. 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 w ritten 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.
26. 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.D, subject only to its collective
bargaining Agreem ents.
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.
27, 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, dim inish, 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.
28. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed un der 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
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
Page 10
11.02.11
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.
29. 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 s hall 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.
30. 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.
31. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A,
SCHEDULE B, and SCHEDULE C (incorporated he rein), sets forth the entire Agreement
between the 0.C.S .0. 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 m ere recitals and that there are no
other agreements, understandings, or representations between the 0.C.S .0. 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 the
MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
Page 11
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WITNESSES: TOWNSHIP OF LYON
a Michigan Municipal Corporation
IN WITNESS WHEREOF, LANNIE YOUNG, Supervisor for the MUNICIPALITY, hereby
acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing
Body (a certified copy of which is attached) 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 , 2012.
BY:
LANNIE YOUNG
Supervisor
BY:
MICHELE CLARK
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL., Chairperson, Oakland County Board
of Commissioners, hereby acknowledges that he has been authoriz ed 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
, 2012.
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
, 2012.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
Page 12
11.02.11
10
1
SCHEDULE A
SHERIFFS DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of
SHERIFF'S DEPUTIES
Number(s) of
Sheriffs Deputies
Contracted
Bi-Weekly Charge to
Municipality in 2012
$7,055.44
$6,223.91
$5,630,24
$5,779.68
$5,637.07
$4,778.16
$4,507.93
$4,932.54
$4,028.87
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (w/fill)
Deputy ll (no-fill)
Deputy ll (no-fill/no-vehicle)
Patrol Investigator (no-fill)
Deputy I (no-fill)
TOTAL 12
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 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.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.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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SCHEDULE B
HOLIDAY PAY
REGULAR
Rank(s) of REGULAR HOLIDAY
Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL
Deputies PAY WORKED 1 OVERTIME 2 OVERTIME CHARGES
NOT NOT
Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO
NOT NOT ,. Lieutenant OPTIONAL3 INCLUDED INCLUDED YES
Patrol
11 11 Sergeant YES
Detective
1 Sergeant 1/ 1 YES
Deputy ll INCLUDED INCLUDED INCLUDED NO
(w/fill)
Deputy ll NOT NOT NOT YES
(no-fill) INCLUDED INCLUDED INCLUDED
Deputy ll
1 (no-fill/no- 1 11 YES
vehicle)
Patrol YES
Investigator
(no-fill)
1 Deputy I 1 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.
1BiIled 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.
3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement.
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
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SCHEDULE C
HOURLY RATES
Regular Overtime
Hourly Rate Hourly Rate
2012 2012
Captain N/A* N/A*
Lieutenant $58.59 $87.89
Patrol Sergeant $53.26 $79.90
Detective Sergeant $53.26 $79.90
Deputy ll (w/fill) $43.58 $65.38
Deputy ll (no/fill) $43.58 $65.38
Deputy ll $43.58 $65.38
(no-fill/no-vehicle)
Patrol Investigator $43.58 $65.38
(no-fill)
Deputy I $34.46 $51.69
(no-fill)
0.C.S.O. 2012 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF LYON
Page 15
11.02.11
Resolution #11301 November 30, 2011
The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee.
There were no objections.
FISCAL NOTE (MISC. #11301) December 15, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF LYON, 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. The Charter Township of Lyon has requested that the Oakland County Sheriff provide
law enforcement services to this community.
2. Miscellaneous Resolution #11241 authorized the established rates and contract language
for calendar year 2011; the rates stated in this agreement are consistent with the rates
established by this resolution.
3. The agreement is effective January 1, 2012 through December 31, 2012.
4. The Township of Lyon is requesting the deletion of two (2) Deputy II (no fill) positions,
(#4030623-01241 and 09425) from the Contracted Patrol Unit, Patrol Services Division,
of the Sheriff's Office, decreasing the number of contracted positions for this community
from 14 to 12.
5. The deletion of two (2) Deputy II positions (4030623-01241 and 09425) reduces the
Sheriff's budget by ($120,385) in salaries, ($89,614) in fringe benefits, and operating
expenses of ($38,207) for a total annualized decrease of ($248,206).
6. Sufficient revenues and operating expenses are included in the Fiscal Year 2012 through
2014 Sheriff's budget, and will be reviewed yearly pending renewal of this contract.
7. The budget is amended as follows to reflect the changes in deputy positions:
GENERAL FUND (#1010Q
Sheriff Patrol Services Revenues
4030623-116180-632093 Sher. Spec. Deputy
Total Revenues
FY 2012 FY 2013 FY 2014
($ 186,155) ($248,206) ($248,206)
M186_11551_ ($248,20_6) ($248_206),
Sheriff Patrol Services Expenditures
4030623-116180-702010
4030623-116180-712020
4030623-116180-722790
4030623-116180-722770
4030623-116180-722780
4030623-116180-722760
4030623-116180-722750
4030623-116180-722810
4030623-116180-722820
4030623-116180-722800
4030623-116180-722850
4030623-116180-750070
4030623-116180-750581
4030623-116180-730653
4030623-116180-774677
4030623-116180-776661
4030623-116180-773535
Total Expenditures
($ 90,289) ($ 120,385) ($ 120,385)
( 15,428) (20,570) ( 20,570)
( 6,907) ( 9,209) ( 9,209)
(35,014) ( 46,685) ( 46,685)
( 21,813) ( 29,084) ( 29,084)
451) ( 602) ( 602)
1,120) ( 1,493) ( 1,493)
298) ( 397) ( 397)
334) ( 445) ( 445)
1,155) ( 1,540) ( 1,540)
119) ( 158) ( 158)
585) ( 780) ( 780)
696) ( 928) ( 928)
( 1,386) ( 1,848) ( 1,848)
( 1,164) ( 1,552) ( 1,552)
( 9,153) ( 12,204) ( 12,204)
( 245) ( 326) ( 326)
($ 186,155) ($248,206L ($248.206)
Salaries
Overtime
Social Sec.
Retirement
Hospitalization
Group Life
Workers Comp
Disability
Unemployment
Dental
Optical
Deputy Supplies
Uniforms
Equip Rental
Insurance Fund
Motor Pool
CLEMIS
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel absent.
Resolution #11301 December 15, 2011
Moved by Long supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott,
Taub, Weipert, Woodward, Zack, Bosnic. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
/ / i I
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 December
15, 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 15 th day of December, 2011.
e
Bill Bullard Jr., Oakland County