HomeMy WebLinkAboutResolutions - 2012.04.18 - 20154March 22, 2012
MISCELLANEOUS RPSnl LIMN # 12068
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE — MARINE PATROL SERVICES AGREEMENT IN THE CHARTER
TOWNSHIP OF HIGHLAND-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 local units of government for the purpose of providing Sheriff
patrol services; and
WHEREAS the Charter Township of Highland has requested that the Oakland County Sheriff
provide marine patrol services to the citizens of the Township for lakes in the Township; and
WHEREAS the Charter Township of Highland has requested that a contract for marine patrol be
authorized; and
WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of
Highland; and
WHEREAS this contract has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached contract with the Charter Township of Highland for Marine Patrol.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to sign the agreement.
BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year
Marine Safety Deputy I position (#4030635-10961) be continued in the Sheriff's Office/Patrol
Services /Marine Safety Unit and contingent upon the level of funding associated with this
contract
BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012.
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 with McGillivray and Gershenson absent
OAKLAND COUNTY SHERIFF'S OFFICE
2012 MARINE PATROL SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF HIGHLAND
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
HIGHLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the
State of Michigan, located within Oakland County, whose address is 205 N. John Street,
Highland, MI 48357 (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, Building. #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 0.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such
as this, has only limited responsibility to do so within the MUNICIPALITY; and
Whereas, the 0.C.S.0 and the MI /NICIPALITY may enter into an agreement where the
0.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with -the -0.aS.O. for the enforcement of
MARINE LAW in the MUNICIPALITY; and
Whereas, the 0.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPAL:TY
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 employed in that capacity.
a. "CLAIM" shall be defined to include any and all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs and expenses, including, but not limited to, reimbursement for
0.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
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reasonable attorney fees, witness fees, court costs, investigation, litigation expenses,
amounts paid in settlement, and/or any other amount for which either party becomes
legally and/or contractually obligated to pay, whether direct, indirect or consequential,
whether based upon any alleged violation of the constitution (federal or state), any
statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
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. "MARINE LAW" means Subchapter 5 ("Watercraft and Marine Safety") of the
Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules
promulgated thereunder by the Michigan Department of Natural Resources, and local
ordinances adopted in conformity with this Act.
d. "MARINE PATROL SERVICES" shall be defined and interpreted as the
prevention and detection of MARINE LAW violations and the enforcement of MARINE
LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE
PATROL SERVICES contemplated and to be provided under this Agreement are strictly
limited to those governmental MARINE PATROL SERVICES authorized by law to be
performed by the 0.C.S.O.
e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or
such persons appointed, 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.
f, "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors, successors, attorneys, or auditors, other than MUNICIPALITY 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.
g. "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 Agreement.
h. "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 or a SHERIFF'S DEPUTY designated,
in writing, by the SHERIFF to perform this function.
"SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, 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.
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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.0. MARINE PATROL SERVICES
contemplated in this Agreement within the corporate limits of the MUNICIPALITY. MARINE
PATROL SERVICES, as defined above, shall not include 0.C.S.O. police-related "Support
Services," such as Arson Investigation. Detective and Crime Lab services, which the 0.0.5.0.
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.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL
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 tc,-..) provide
MARINE PATROL SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional MARINE
PATROL 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 0.0.5.0.'S provision of MARINE PATROL
SERVICES under this Agreement will result in any specific reductioi , 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 MARINE PATROL 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 MARINE PATROL 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 MARINE PATROL 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.
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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
MARINE PATROL SERVICES contemplated under this Agreement.
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 MARINE PATROL SERVICES to the MUNICIPALITY is not present in
the MUNCIPALITY'S geographical area, due to any of the reasons described in
subparagraphs 1 -3 below, such periods of time shall be included in and counted
toward the hours allotted for MARINE PATROL SERVIES set forth in SCHEDULE
A:
Travel time, on a daily basis, to or from the 0.0.5.0. in Pontiac. Michigan,
at the beginning of or end of any shift by any SHERIFF'S DEPUTY if that
SHERIFF DEPUTY'S shift starts or ends in Pontiac;
2. 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 marine patrol activities;
3. Performance of any MARINE PATROL SERVICES for the MUNICIPALITY
that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S
geographical area; and
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law
enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES
contracted for under th.s Agreement so as to provide the broadest possible coverage of
MARINE PATROL 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. 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 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 MARINE PATROL 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 MARINE PATROL
SERVICES, the MUNICIPALITY shall address such concerns for additional MARINE PATROL
SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
7. The MUNICIPALITY will pay the C.O.S.°. for all SHERIFF'S DEPUTIES' MARINE
PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in
SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.0.5.0. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.O. in
providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every bi-weekly period (corresponding to established 0.C.S.O. payroll periods)
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during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the
MUNICIPALITY under the terms of this Agreement, the C.O.S.°. shall prepare and send to the
MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S
DEPUTY'S MARINE PATROL 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 itemized 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.
8. If the MUNICIPALITY fails, for any reason, 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 entitled to set-off 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 set-off or
retention of funds by the COUNTY shall he deemed a voluntary assignment of the amount by the
MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the County
or its Officials for any acts related specifically to the COUNTY'S off-setting or retaining such
amounts'. This paragraph shall not limit the 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 set-off 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 to 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 ir this
section shall operate to limit the COUNTY's right to pursue orexercise any other legal rights or
remedies under this Agreement .against the MUNICIPALITY to secure reimbursement of
amounts due the County under this Agreement. The remedies in this Section shall be availabie
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 this 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.
9. The MUNICIPALITY and the C.O.S.°. 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.
10. The MUNICIPALITY and the C.O.S.°. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the C.O.S.°. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the 0.0.5.0. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
compensation. Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
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DEPUTY'S status as an employee of the C.O.S.°. 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.
11. Except as expressly provided for in this Agreement, the parties agree that this
Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability
associated with any governmental function delegated and/or entrusted to either party under any
exiqting w nr regillPtinn.
12. 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.
13. The MUNICIPALITY shall not 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 perform ai ice of any
0.C.S.O.'S duty or obligation under the terms of this Agreement.
14. 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 C.O.S.°. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
15. The 0.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, boats, 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 C.O.S.°. 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 C.O.S.°. which shall solely decide whether such personal
property or special equipment shall be provided. Any and all such additional personal property,
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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.
16. Each party shall be responsible for any CLAIMS made against that Party and for the acts
of its Employees or Agents.
17. 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.
18. Except as otherwise provided in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified by the other Party or any of
its agents or employees in connection with any CLAIM.
19. This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory, and/or other legal right, privilege, power, obligation duty, or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
May 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 September 30, 2012. In addition, any
party may terminate this Agreement, prior to its September 30, 2011 expiration, ui,on written
notification to all others at least thirty (30) days prior to the proposed termination 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 MARINE PATROL SERVICES to the
MUNICIPALITY under this Agreement shall end.
21. 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.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
22. 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.
23. 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.,
0.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
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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
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.0. duty or obligation under the terms
of this Agreement.
24. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural number, the possessive or nonpossessive, shall be deemed to include the
other whenever the context so indicates or requires.
25. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
26. 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.
27, This Agreement, consisting of eleven (11) pages, including SCHEDULE A. (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 MARINE PATROL 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
0.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
Page 8
02.01.12
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 the MUNICIPALITY Governing Body according to the procedures set forth
in this Agreement.
IN WITNESS WHEREOF, Patricia M. Pilchok.A./qki, Supervisor for the MUNICIPALITY,
hereby acknowledges that she 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.
WITNESSES: CHARTER TOWNSHIP OF HIGHLAND,
a Michigan Municipal Corporation
BY:
Patricia M. Pilchowski ,
Supervisor
BY:
Mary L. McDonell
Clerk
IN Vi/ITNESS 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
, 2012.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
MICHAEL J. GINGELL
Chairperson, Oakland County Board
of Commissioners
0.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
Page 9
02.01.12
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the
Oakland County Sheriff, a Michigan Constitutional Officenhereby 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
O.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
Page 10
02.01.12
SCHEDULE A
MARINE PATROL AGREEMENT
2012
Ranks:
Rates:
Lakes:
The Sheriff's Deputies to be assigned to Municipality under the Agreement to
which this Schedule is attached will be Marine Deputies with a rank or
classification of "PTNE", Part Time, Non-Eligible (for Benefits.)
The Hourly Rates upon which Municipality's payment obligation shall be
determined are follows:
Marine Deputy with Boat $31,37
Marine Deputy with Boat Overtime Rate
Marine Deputy without Boat $20.38
Marine Deputy without Boat Overtime Rate S29.70
The designated lakes and waterways upon which Marine Patrol Services as
defined in Section '1.d, of the Agreement to which this Schedule is attached are to
be provided shall be identified in writing by the municipality. Within this writing,
the MUNICIPAUTY may include a requested schedule and a "NOT TO EXCEED"
amount of billings for each lake or waterway.
invoices: The invoices submitted by the 0.0.5.0. to Municipality for Marine Pdtrol Services
shall identity the designated lake or waterway to which they relato.
0.C.S.O. 2012 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND
Page 11
02.01.12
Resolution #12068 March 22, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FINANCE COMMITTEE
FISCAL NOTE (MISC. #12068) April 18, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — MARINE PATROL SERVICES AGREEMENT IN THE CHARTER
TOWNSHIP OF HIGHLAND -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. This resolution authorizes marine patrol services per contract language for lakes within
the Charter Township of Highland.
2. Rates for marine services are consistent with the rates in Attachment A of this resolution
and reflect an increase of $0.19 per hour.
3. The Agreement is effective May 21, 2012 through September 30, 2012.
4. The Charter Township of Highland is requesting the continuation of one (1) GFGP PTNE
250 hours/year Marine Safety Deputy I position (#4030635-10961) in the Sheriff's
Office/Patrol Services/Marine Safety Unit.
5. The budget for this Agreement will be adjusted for FY 2013 — FY 2015 with the County
Executive Recommended Budget.
6. The budget for FY 2012 will be amended in accordance with projected usage during 2 nd
Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No
budget amendment is required at this time.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
2//1-24/11-
Resolution #12068 April 18, 2012
Moved by Crawford supported by Middleton the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Covey. (23)
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).
1 HEREBY APPROVE THE FOREGO19_,4SOLUTION
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 April 18,
2012, 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 18th day of April, 2012.
e ut_a_2,1 094.
Bill Bullard Jr., Oakland County