HomeMy WebLinkAboutResolutions - 2012.08.01 - 20463August 1, 2012
REPORT (MISC. #12184)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: Sheriff's Office — Contact for PINE Mounted Deputies for the Charter Township
of White Lake for Law Enforcement Services
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #12184 on July 25, 2012
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 COMMITTE
Motion carried unanimously on a roll call vote with Nuccio, Hatchett and Covey absent.
MISCELLANEOUS RESOLUTION #12184 July 18, 2012
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFFS OFFICE-CONTRACT FOR PTNE MOUNTED DEPUTIES FOR THE CHARTER
TOWNSHIP OF WHITE LAKE FOR LAW ENFORCEMENT SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and
WHEREAS the Charter Township of White Lake has requested a contract between the County and White
Lake for Part Time Non Eligible (PTNE) Mounted Deputies for Law Enforcement Patrol Services for the
School sponsored fair/carnival; and
WHEREAS the Sheriffs Office, in conjunction with the Charter Township of White Lake, is proposing to
contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and
WHEREAS the rates are included in the contract and the Department of Management and Budget is in
agreement; and
WHEREAS this contract has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the
Charter Township of White Lake for the purpose of contracting for PTNE Mounted Deputies at the rates
included in the attached contract.
BE IT FURTHER RESOLVED that two (2) 200 hour GF/GP PTNE Mounted Deputy positions hours be
added contingent upon acceptance of this agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES
FOR THE TOWNSHIP OF WHITE LAKE
This CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE
LAKE (hereafter this "CONTRACT") is made and entered into between the TOWNSHIP OF WHITE LAKE, a
Michigan Constitutional and Municipal Corporation, whose address is
(hereafter the "MUNICIPALITY"), and the COUNTY OF
OAKLAND. a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). In this CONTRACT, the COUNTY and/or the
MUNICIPALITY may also be referred to as a "PARTY" or the "PARTIES. The COUNTY is also represented
in this CONTRACT by the OAKLAND COUNTY SHERIFF, MICHAEL J. BOUCHARD, in his official capacity
as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 East, Pontiac,
Michigan 48341-0479 (hereafter the "SHERIFF"). In this CONTRACT, whenever the COUNTY and
SHERIFF are intended to be referred to jointly, they will be collectively referred to as the "OAKLAND
COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.0."
INTRODUCTION:
A. Within the MUNICIPALITY,ther e are numerous governmental, business, athletic, entertainment,
social, and educational enterprises which sponsor or host special functions and events (hereafter
and as further defined herein a "SPECIAL EVENT" or "SPECIAL EVENTS"). Such SPECIAL
EVENTS often bring large crowds and traffic congestion.
B. The MUNICIPALITY recognizes that it is responsible for providing police protection for persons and
property during all such SPECIAL EVENTS and for some SPECIAL EVENTS, the MUNICIPALITY
anticipates that it may not have sufficient MUNICIPALITY police resources to independently meet the
MUNICIPALITY'S potential police protection needs. in such circumstances, municipalities have, on
occasion, requested the SHERIFF'S assistance in meeting the MUNICIPALITY'S police protection
needs.
C. The MUNICIPALITY acknowledges that, absent an agreement such as this, the SHERIFF has only
limited responsibility for law enforcement activities within the MUNICIPALITY and is not required to
assign any specific Number(s) or Rank(s) of DEPUTIES, as defined herein, to provide DEPUTY
SERVICE(S), as defined herein, for any SPECIAL EVENT held within the MUNICIPALITY.
D. The MUNICIPALITY, therefore, seeks a contract with the COUNTY, whereby, upon the
MUNICIPALITY'S request, the 0.C.S.O. would, if otherwise able, provide AUXILIARY DEPUTY
SERVICE(S), as defined herein, on an overtime basis, to assist the MUNICIPALITY in meeting its
police protection needs at various SPECIAL EVENTS.
E. The COUNTY is willing to provide DEPUTY SERVICE(S) for AUXILIARY police protection pursuant
to the terms and conditions of this CONTRACT, provided that such "AUXILIARY" DEPUTY
SERVICE(S) do not: (a) impair or interfere with the 0.C.S.O.'s ability to meet its other law
enforcement responsibilities; (b) result in any C.O.S.°. loss of operational efficiency or readiness;
and/or (c) result in the assumption of any additional liability or any increased financial burden by
COUNTY taxpayers.
NOW THEREFORE, in consideration of these promises and the promises, agreements, representations, and
acknowledgments contained in this CONTRACT and Attachment "A", SHERIFF'S DEPUTY HOURLY
OVERTIME COST RATE (hereafter "Attachment A") and Attachment "B", TOWNSHIP OF WHITE LAKE
REQUEST FOR AUXILIARY 0.C.S.0. DEPUTY SERVICES (hereafter "Attachment B") which are both
hereby incorporated in and made part of this CONTRACT, it is mutually agreed as follows:
1 DEFINITIONS. In addition to the terms and expressions "MUNICIPALITY", "COUNTY", "PARTY",
"PARTIES", "SHERIFF", "OAKLAND COUNTY SHERIFF'S OFFICE" or "O.C.S.0.", "Attachment A",
and "Attachment B", which are defined in this CONTRACT, the parties agree that for all purposes,
and as used throughout this CONTRACT and Attachment A and Attachment B, the words and
expressions below are also defined terms under this CONTRACT. The parties also agree that
whenever any defined term or expression is printed in all uppercase characters, whether used in the
singular or plural, possessive or non-possessive, and/or within or without quotation marks, it shall be
defined, read, and interpreted as provided for in this CONTRACT.
"DEPUTY SERVICES" shall be defined to include the responsibility for the prevention and
detection of crime, the enforcement of the general criminal laws of this state,an d the motor
vehicle and traffic laws of this state, including, but not limited to, road patrol, crime detection,
crime prevention, and criminal apprehension, as well as any necessary supervision to the
extent of the staffing provided under this CONTRACT, and/or response to any emergency or
non-emergency which, in the sole judgment of any DEPUTY, appears to require the
presence, attention, or services of any DEPUTY to address, respond, or attend to any issue,
event, or circumstance involving public safety, a breach of peace, public health, an accident
or accidental injury, and related law enforcement functions as authorized and/or mandated
by law to be performed by any C.O.S.°. DEPUTY.
1.2 "CLAIM(S)" shall be defined to include any and all 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.
1.3 "MUNICIPALITY AGENT(S)" shall be defined to include any and all MUNICIPALITY officers,
elected officials, appointed officials directors, board members, Commission members,
authorities, authority board members, boards, committees, commissions, employees, police
officers, managers, departments, divisions, volunteers, agents, and representatives of the
MUNICIPALITY, and/or any such persons' successors or predecessors, agents, employees,
attorneys, or auditors (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 and/or the MUNICIPALITY. MUNICIPALITY AGENT(S) as defined in this
CONTRACT shall also include any person who was a MUNICIPALITY AGENT(S) at any
time during the term of this CONTRACT but, for any reason, is no longer employed,
appointed, or elected in their previous capacity.
1.4 "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.O.,
shall be defined to include the Undersheriff, Captain, Lieutenant, Sergeant, Deputy II, or
Deputy I, PTNE Mounted Deputy who, pursuant to state law, is a sworn Deputy of the
SHERIFF and is Michigan Law Enforcement Officers Training Council (M.L.E.C.T.C.)
certified.
1.5 "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF MICHAEL J. BOUCHARD, and any and/or all other COUNTY elected or appointed
officials, commissioners, officers, boards, committees, commissions, departments, divisions,
volunteers, employees (including any DEPUTY or DEPUTIES), agents, representatives,
contractors, predecessors, successors, assigns, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and any and all
COUNTY AGENT(S) employed, appointed, or elected any time during the term of this
CONTRACT but, for any reason, is no longer employed ; appointed, or elected in their
previous capacity.
1.6 "SPECIAL EVENT(S)" shall be defined as any and all planned sporting, entertainment,
governmental and/or social event, ceremony, activity, or function taking place within the
MUNICIPALITY for which the MUNICIPALITY requests AUXILIARY DEPUTY SERVICES
from the C.O.S.°. during the term of this CONTRACT. SPECIAL EVENTS do not include
any recognized police emergency (i.e., riots, insurrections, mass lawlessness, etc.) which
cannot be adequately addressed by the combined police forces (including any 0.C.S,O.
1.1
CONTRACT FOR AUXILIA.PY SHERIFF'S DEPUTY SERVICES FOP THE TOWNSHIP OF WHITE LAVIE
Page e
DEPUTIES) already provided, pre-positioned, and on hand pursuant to this CONTRACT.
Any additional DEPUTIES dispatched by the 0.C.S.O., over and above any DEPUTIES
already pre-positioned and assigned in the MUNICIPALITY pursuant to the terms of this
CONTRACT, to respond specifically to any police emergency, such as described above,
shall be provided by the 0.0.5.0. at no additional cost to the MUNICIPALITY.
2 MUNICIPALITY REQUEST FOR DEPUTY SERVICES AT A SPECIAL EVENT. The
MUNICIPALITY, upon independently determining a need for DEPUTY SERVICES at any SPECIAL
EVENT through its Supervisor, or his designated representative, shall request SHERIFF'S DEPUTY
SERVICES from the SHERIFF, or his designated representative, as follows:
2.1 The Supervisor, or his designated representative, shall verbally communicate with the
SHERIFF, or his designated representative, to discuss:
2.1.1 Whether or not the SHERIFF, or his designated representative, anticipates he will be
able to assign any DEPUTIES to provide DEPUTY SERVICES at any SPECIAL
EVENT;
2.1.2 The appropriate Number(s) and Rank(s) of DEPUTIES, and Number of Hour(s) of
overtime requested by the MUNICIPALITY and whether in the SHERIFF'S, or his
designated representative's judgment and opinion, the requested compliment of
DEPUTIES will be able to provide adequate police protection at any SPECIAL
EVENT;
2.1.3 The estimated "COUNTY COSTS", as defined in section 5, should the SHERIFF
assign DEPUTIES in the Number(s), Rank(s), and for the period of time the
SHERIFF and the Supervisor, or their designated representatives, determine may
be necessary to provide adequate police protection at any SPECIAL EVENT.
2.2 If, after the above discussions, and subject to the terms of this CONTRACT, the Supervisor
and the SHERIFF, or their designated representatives, are satisfied that providing DEPUTY
SERVICES at any SPECIAL EVENT is possible and the estimated COUNTY COSTS for
such DEPUTY SERVICES are acceptable to the MUNICIPALITY, then the MUNICIPALITY,
through its Supervisor or his designated representative, shall execute and deliver to the
SHERIFF a completed copy of Attachment B.
3 TOWNSHIP OF WHITE LAKE REQUEST FOR AUXILIARY 0,C.S.O. DEPUTY SERVICES
(Attachment B). The MUNICIPALITY agrees that, upon receipt of a signed and fully completed
copy of Attachment 6, TOWNSHIP OF WHITE LAKE REQUEST FOR AUXILIARY 0.05.0.
DEPUTY SERVICES, for any SPECIAL EVENT, that the SHERIFF on behalf of the COUNTY, may
accept and undertake the provision of the requested DEPUTY SERVICES by simply performing such
acts as necessary to develop the necessary schedules. budgets, and plans, and/or notifying Or
assigning such DEPUTIES as necessary to enable the C.O.S.°. to provide the Number(s) and
Rank(s) of DEPUTIES contemplated at any SPECIAL EVENTS. No written acceptance of the
MUNICIPALITY request, (i.e., Attachment B) from the C.C.S°. shall be required. The
MUNICIPALITY agrees that any act or forbearance by the 0.0.S.0. in response to or as a result of
the receipt of Attachment B from the MUNICIPALITY, which results in the COUNTY'S incurring any
COUNTY COSTS, as defined in this CONTRACT, shall obligate the MUNICIPALITY to pay the
COUNTY for any such COUNTY COSTS incurred. The MUNICIPALITY further agrees that:
3.1 Any Attachment B, TOWNSHIP OF WHITE LAKE REQUEST FOR AUXILIARY C.O.S.°.
DEPUTY SERVICES, signed and submitted by the Supervisor, or his designated
representative, shall in all regards be interpreted and governed by the terms and conditions
of this CONTRACT.
3.2 The MUNICIPALITY shall provide the C.O.S.°. with as much advance notice and a fully
completed Attachment B, TOWNSHIP OF WHITE LAKE REQUEST FOR AUXILIARY
C.O.S.°. DEPUTY SERVICES, as soon as reasonably possible in advance of any SPECIAL
EVENT at which any DEPUTY SERVICES are anticipated.
COrTRACT For AUXILIAR" SHORT'S DEP:J .7 SERVR.7,-E;7 FOR THE TOINfkISHIPo V\11-17E LAnr :
Page
3.3 The MUNICIPALITY'S Supervisor, or his designated representative, has full authority to
submit a fully completed copy of Attachment B for any SPECIAL EVENT and bind the
MUNICIPALITY to the resulting payment obligations to the COUNTY.
3.4 The 0.0.5.0. may accept as true that any MUNICIPALITY AGENT(S) submitting an
Attachment B to the C.O.S.°. has been authorized by the MUNICIPALITY to subrnit same,
and the MUNICIPALITY agrees to waive any argument or defense based, in any way, upon
-any mistake or upon any MUNICIPALITY AGENT(S) lack of proper authorization to either
request C.O.S.°. DEPUTY SERVICE or otherwise obligate the MUNICIPALITY to pay for
any resulting DEPUTY SERVICES.
3.5 The MUNICIPALITY may withdraw any Attachment B, TOWNSHIP OF WHITE LAKE
REQUEST FOR AUXILIARY C.O.S.°. DEPUTY SERVICES, previously submitted pursuant
to this CONTRACT at any time prior to any start time of any requested DEPUTY SERVICES
shown on any Attachment B for any SPECIAL EVENT by delivering written notice to the
SHERIFF, or his designated representative,e ither in person or as provided for in this
CONTRACT; however, the MUNICIPALITY shall remain obligated to reimburse the
COUNTY for any and all COUNTY COSTS (e.g., minimum overtime pay, minimum contract
call-in, or overtime notice provisions, etc.) incurred by the COUNTY prior to the delivery of
the written withdrawal notice.
3.6 The C.O.S.°. shall neither be expected nor obligated, in any manner,to p an or otherwise
make any arrangements to provide for any DEPUTY SERVICES for any SPECIAL EVENT
prior to its receipt of a fully completed copy of Attachment B, TOWNSHIP OF WHITE LAKE
REQUEST FOR AUXILIARY C.O.S.°, DEPUTY SERVICES.
4 0.C.S.O. OBLIGATION TO PROVIDE DEPUTY SERVICES. Subject to the terms of this
CONTRACT, upon receipt of a fully executed Attachment B, TOWNSHIP OF WHITE LAKE
REQUEST FOR AUXILIARY 0.0.5.0. DEPUTY SERVICES for a SPECIAL EVENT, the SHERIFF
shall assign, on an overtime basis, DEPUTIES in such Number(s) and Rank(s) as the SHERIFF and
the MUNICIPALITY'S Supervisor, or his designated representative, may have agreed and as shown
in any Attachment B or shall notify the MUNICIPALITY Supervisor, or his designated representative,
that the 0.0.5.0. will be unable to favorably respond to the MUNICIPALITY'S request for DEPUTY
SERVICES.
4.1 In the event the SHERIFF is unable to provide any or all DEPUTIES SERVICES requested
in any Attachment B at any SPECIAL EVENT, he, or his designated agent, shall verbally
communicate that fact to the MUNICIPALITY'S Supervisor, or his designated representative,
as soon as such fact becomes reasonably known to him.
4.2 The MUNICIPALITY acknowledges and agrees that there may be circumstances beyond the
SHERIFF'S control when the SHERIFF, in his sole discretion and judgment as to the
prioritization of his law enforcement resources and DEPUTIES, his overall evaluation of
Oakland County's immediate law enforcement needs, and his sole determination as to the
allocation of C.O.S.°. law enforcement personnel at that time to best serve the citizens of
Oakland County, may be unable to assign, and/or if already assigned, remove at any time,
with or without replacement, any or all of the DEPUTIES contemplated to provide DEPUTY
SERVICES for any SPECIAL EVENT, The MUNICIPALITY acknowledges and agrees that
this CONTRACT does not, and is not intended to, create either any absolute right in favor of
the MUNICIPALITY or any corresponding absolute duty or obligation upon the SHERIFF or
the C.O.S.°. to guarantee that any specific Number(s) or Rank(s) of DEPUTIES will be
present to provide DEPUTY SERVICES at a SPECIAL EVENT, but only that the SHERIFF
shall make every reasonable effort, subject to the above conditions, to provide adequate
DEPUTY SERVICES at any SPECIAL EVENT. The MUNICIPALITY hereby acknowledges.
based upon its prior experience working with the C.O.S.°. in similar circumstances, that the
0.C.S.O.'s good faith and reasonable efforts to cooperate with the MUNICIPALITY in
providing DEPUTY SERVICES in these regards is sufficient and adequate consideration
upon which to warrant and bind the MUNICIPALITY to the terms of this CONTRACT.
CONTRAL77 FOR AUXILIARY SFIERIF7'S DEPUTY SERVICES FOE THE TOWNSHIP O WHITE LAKE
aLle
5 MUNICIPALITY PAYMENT FOR DEPUTY SERVICES. The MUNICIPALITY agrees to pay to the
COUNTY any and all COUNTY COSTS for any DEPUTY SERVICES at any SPECIAL EVENT.
"COUNTY COSTS" shall be defined and calculated as follows:
5.1 For each and every DEPUTY who renders any DEPUTY SERVICES at any SPECIAL
EVENT pursuant to an Attachment B submitted by the MUNICIPALITY, the MUNICIPALITY
shall pay to the COUNTY an amount equal to: the total number of "HOUR(S) OF DEPUTY
SERVICES", as described below, including any part of any Hour, for any and all DEPUTY
SERVICES rendered by each individual DEPUTY, multiplied by the Hourly Overtime Cost
Rate, as shown in Attachment A. for the year in which such DEPUTY SERVICES were
rendered, for each such DEPUTY'S corresponding Rank as shown in Attachment A.
5.2 The COUNTY shall total the COUNTY COSTS for all DEPUTIES providing DEPUTY
SERVICES at any SPECIAL EVENT and prepare and send to the MUNICIPALITY such
invoice(s) setting forth the amount due for each DEPUTY'S SERVICES rendered. The
MUNICIPALITY agrees to pay to the COUNTY the full amount due and owing on any
invoice(s) within 45 days of the invoice date.
5.3 Except as otherwise expressly provided for in this CONTRACT, any DEPUTY providing
DEPUTY SERVICES at any SPECIAL EVENT shall work, during those "HOUR(S) OF
DEPUTY SERVICES" for which the MUNICIPALITY is being charged, only on SPECIAL
EVENT related matters. The MUNICIPALITY agrees, however, that whenever any DEPUTY
assigned to provide DEPUTY SERVICES under this CONTRACT is not directly present at
any SPECIAL EVENT due to any of the reasons described in the following subsections, such
periods of time shall be included in and counted toward the "HOUR(S) OF DEPUTY
SERVICES" provided under the terms of this CONTRACT:
5.3.1 Any appearance in any Court or any meeting with any other law enforcement
agency in connection with any prosecution or Court appearance related to or
resulting from any DEPUTY SERVICES at any SPECIAL EVENT;
5.3.2. Any performance of any DEPUTY SERVICES for the MUNICIPALITY at any
SPECIAL EVENT which takes any DEPUTY away from any SPECIAL EVENT;
5.3.3. Any time expended transporting any person arrested by any DEPUTY during the
course of providing DEPUTY SERVICES at any SPECIAL EVENT to the Oakland
County Jail, in Pontiac, Michigan, including any reasonable length of time spent at
the Oakland County Jail by any DEPUTY while booking such person(s);
5.3.4 Any minimum call-in or overtime hour(s) guaranteed to DEPUTIES under any
applicable union or employment contract; and/or
5.3.5 Any performance of any DEPUTY SERVICES related duty or -obligation which-takes
any DEPUTY away from any SPECIAL EVENT but which begins or arises while any
DEPUTY is providing DEPUTY SERVICES at any SPECIAL EVENT (i.e., hot
pursuit, transporting a person for medical attention, an automobile accident
occurring on any public road, etc.),
5.4 The MUNICIPALITY shall pay such amounts as shown on any C.O.S.°. invoice by a check
drawn on a MUNICIPALITY account which shall be made payable to the Count, of Oakland
and delivered to the attention of: Mr. Andy Meisner, Oakland County Treasurer, 1200 N.
Telegraph Road, Pontiac, MI 48341-0479 (or such other person as the County may from
time to time designate in writing). Each such payment shall clearly identify that it is a
payment for DEPUTY SERVICES made pursuant to this CONTRACT.
5.5 The MUNICIPALITY agrees that any and all of its payment obligations as set forth in this
CONTRACT shall be absolute and unconditional in all events and shall not be subject to any
set off, defense, counterclaim, or recoupment for any reason whatsoever.
CONTRACT FOR AUXILIARY SHERIFI'EI DEPUTY SERVICES FOR THE TOWNSHIP OP WHITE LAKE
1:-7,,ige
If the MUNICIPALITY, for any reason, fails to pay the COUNTY any monies when and as
due under this CONTRACT, the MUNICIPALITY agrees that unless expressly prohibited by
law, the COUNTY or the COUNTY Treasurer, at their sole option, shall be entitled 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
due by the MUNICIPALITY to the COUNTY. MUNICIPALITY waives any CLAIMS against
the COUNTY or any of its Officials for any acts related specifically to the COUNTY'S
offsetting 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 CONTRACT.
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 CONTRACT, 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 CONTRACT. 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 remedies under this CONTRACT against the MUNICIPALITY to secure
reimbursement of amounts due the COUNTY under this CONTRACT. 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 of this CONTRACT, 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.
5.6 The MUNICIPALITY acknowledges that the same practical and financial restrictions which
limit MUNICIPALITY police resources also limit the ability of the SHERIFF to assign
DEPUTIES to DEPUTY SERVICES for SPECIAL EVENTS as part of their normal job duties.
The MUNICIPALITY further recognizes that because many of the DEPUTIES normal work
assignments (i.e., prisoner pickups, jail activity, court appearances, court support functions,
.etc.) do not conflict with most scheduled SPECIAL EVENTS, the SHERIFF should, in most
instances, be able to provide AUXILIARY DEPUTY SERVICES at any SPECIAL EVENT, on
an overtime basis only, without unduly interfering with a DEPUTY'S normal 0.C.S.O. work
assignment.
5.7 The MUNICIPALITY agrees that it has, to its satisfaction, examined the 0.C.S.C.'s wage
and cost structures and agrees that the Hourly Overtime Cost Rate, shown in Attachment A,
that the MUNICIPALITY is to pay to the COUNTY -for DEPUTY'S SERVICES under the
terms of this CONTRACT is not intended to result in any net financial gain or profit for the
COUNTY. The MUNICIPALITY agrees that the Hourly Overtime Cost Rate only guarantees
that the 0.C.S.O. is fully reimbursed for any and all salary costs, including the necessary
overtime premiums and a prorated factor in recognition of the average DEPUTY fringe
benefit, equipment, and supply costs incurred by the 0.C.S.O. for equipment, automobile
expenses, supplies, and other related expenses that the COUNTY will incur for, or on behalf
of its DEPUTIES in order to provide AUXILIARY DEPUTY SERVICES at any SPECIAL
EVENT.
5.8 The 0.C.S.O. agrees that, upon request, any 0.C,S.O. payroll policies, payroll or attendance
records, procedures, employment contracts, equipment cost structures, etc., applicable tc
the determination of any COUNTY COSTS to be reimbursed and paid to the COUNTY by
the MUNICIPALITY pursuant to this CONTRACT shall be made available by appointment by
the 0.0.3.0. for inspection by the MUNICIPALITY.
6 ASSURANCES AND CERTIFICATIONS,
TRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE LAKE
Page E,
6.1 The C.O.S.°. and the MUNICIPALITY agree and acknowledge that the sole and exclusive
purpose of this CONTRACT is to provide governmental law enforcement and DEPUTY
SERVICES. The C.O.S.°. and the MUNICIPALITY agree and acknowledge that the
DEPUTY SERVICES activities provided for under the terms of this CONTRACT are strictly
limited to those governmental law enforcement functions authorized by law.
6.2 The MUNICIPALITY represents and warrants that it has reviewed all of its current or
proposed agreements and/or contracts with any and all persons who are or may become
contractually involved with the MUNICIPALITY, and hereby represents and warrants that the
MUNICIPALITY does not have, and will not any time during the term of this CONTRACT
have, any other contractual agreement that will in any manner restrict, interfere with, or
prohibit the MUNICIPALITY, any MUNICIPALITY AGENT(S), or any other person from
complying with the MUNICIPALITY'S obligations and duties as set forth in this CONTRACT
and/or the 0.C.S.O.'s provision of DEPUTY SERVICES as set forth herein.
6.3 The MUNICIPALITY agrees that no MUNICIPALITY AGENT(S), either as a result of or
arising out of any act(s) by any person in the performanceof any duty under this
CONTRACT, shall be considered or asserted to be an employee of the C.O.S.°. The
MUNICIPALITY agrees that it shall be solely and completely liable for any and all
MUNICIPALITY AGENT(S) past, present, or future 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
benefits, unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any MUNICIPALITY AGENT(S) employment status or any alleged
violation of any MUNICIPALITY AGENT(S) statutory, contractual, or constitutional rights by
the MUNICIPALITY, the COUNTY or any COUNTY AGENT(S). The MUNICIPALITY agrees
to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and
against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the
COUNTY and/or any COUNTY AGENT(S) by any MUNICIPALITY AGENT(S) which are
based upon, result from, or arise from, or are in any way related to any MUNICIPALITY
AGENT(S) wages, compensation, benefits, or other employment-related rights, including,
but not limited to, those described in this section.
6.4 The MUNICIPALITY agrees that this CONTRACT does not, and is not intended to, include
any 0.C.S.O. warranty, promise, or guaranty, either express or implied, of any kind or nature
whatsoever, in favor of the MUNICIPALITY, any MUNICIPALITY AGENT(S), or any person
attending any SPECIAL EVENT, that any DEPUTY SERVICES provided by the C.O.S.°.
under the terms and conditions of this CONTRACT will result in any specific reduction or
prevention of any criminal activity at any SPECIAL EVENT, or any other such performance-
based outcomes, but only that the SHERIFF will make every reasonable effort to provide
professional DEPUTY SERVICES at -any SPECIAL EVENT in accordance with generally
accepted standards for DEPUTY SERVICES with the Number(s) and Rank(s) of DEPUTIES
requested by the MUNICIPALITY.
7 RESERVATION OF RIGHTS.
7.1 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
CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or
contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or
any DEPUTY. The MUNICIPALITY agrees that it shall, at all times and under all
circumstances, remain solely and exclusively responsible for any and all costs, obligations,
and/or civil liabilities associated with its MUNICIPALITY governmental functions, obligations,
and responsibilities.
CONTRACT FOR AUXILIARY SHERIF-F'S DEPUTY SERVICES FOR THE TOWNSHIP OF —WHITE LAKE
Page 7
7.2 The MUNICIPALITY agrees that this CONTRACT does not, and is not intended to, transfer,
delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil
or legal responsibility, obligation, duty of care, or liability which is not expressly within the
definition of DEPUTY SERVICES under the terms of this CONTRACT and which is not
under the sole and exclusive control and direction of the 0.0.3.0.
8 0.C.S.O. INDEPENDENT CONTRACTOR STATUS. The MUNICIPALITY and the 0.C.S.O. agree
that neither the COUNTY, any COUNTY AGENT(S), nor any DEPUTY, by virtue of this CONTRACT
or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner,
joint venture, representative, or agent of the MUNICIPALITY and/or any MUNICIPALITY AGENT(S),
and further agree that, at all times and for all purposes under the terms of this CONTRACT, the
0.C.S.0., any and all COUNTY AGENT(S) and/or DEPUTIES relationship to the MUNICIPALITY
shall be that of an Independent Contractor and shall be controlled and governed by the terms of this
CONTRACT.
8.1 The PARTIES agrees that, at all times and for all purposes relevant to this CONTRACT, the
0.0.5.0. shall remain the sole and exclusive employer of all DEPUTIES and that the
0.C,S.O. shall remain solely and exclusively responsible for the-direct payment to any
DEPUTY of any DEPUTY'S 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 DEPUTY'S status as an
employee of the C.O.S.°.
8.2 The PARTIES agree that the 0.C.S.O. shall be solely and exclusively responsible for
providing DEPUTIES with all necessary tools, automobiles, radios, communications
equipment, firearms, and any and all other equipment that the 0.C.S.O., in its sole judgment,
deems required or beneficial for the completion of any 0.C.S.O. duty under the terms of this
CONTRACT. The C.O.S.°. shall also be solely and exclusively responsible for any and all
DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s),
supplies, etc.
8.3 Except as otherwise provided herein, the MUNICIPALITY agrees and warrants that it shall
not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe
benefits, privileges, gifts, equipment, 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 DEPUTY, except that any money
paid directly to the COUNTY by the MUNICIPALITY to reimburse the COUNTY for its costs
pursuant to this 'CONTRACT shall not be deemed consideration paid by the MUNICIPALITY
to any DEPUTY.
8.4 Under the terms of this CONTRACT, the MUNICIPALITY agrees and promises that no
DEPUTY shall be asked or required to perform any services directly for the MUNICIPALITY
or otherwise be available to perform any other work or assignments from the MUNICIPALITY
or be expected to perform any acts other than governmental law enforcement functions
DEPUTY SERVICES, and that no DEPUTY shall be employed, in any manner or capacity,
by the MUNICIPALITY.
8.5 The MUNICIPALITY agrees that neither the MUNICIPALITY nor any MUNICIPALITY
AGENT(S) shall otherwise provide, furnish or assign any DEPUTY with any job instructions,
job descriptions, job specifications, or job duties, tools, supplies, or equipment or, in any
manner attempt to control, supervise, or train, any DEPUTY in the performance of any
C.O.S.°, duty or obligation to provide DEPUTY SERVICES under the terms of this
CONTRACT.
8.6 The PARTIES agree that this CONTRACT does not, and is not intended to, create, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form:
CONTRACT FOR AUXIIJARN,' SHERI DEPUTY SERVICEE EDF; THE TOMSHIF OF WHITE LAKE
Page L:
8.6.1 Any right, privilege, benefit, or any other term(s) or condition(s) of employment, of
any kind or nature whatsoever, in, upon, or for any DEPUTY and/or any DEPUTY'S
agents, representatives, unions, or the successors or assigns of any of them;
8.6.2 Any applicable 0.C.S.O. employment and/or union contract(s);
8.6.3 Any level(s) or amount(s) of DEPUTY supervision, standard(s) of performance,
training and education standard(s); and/or
8.6.4 Any C.O.S.°. rules, regulations, hours of work, shift assignments, orders, policies,
procedures, directives, ethical guidelines, etc., which shall, solely and exclusively,
' govern and control the employment relationship between the C.O.S.°. and/or all
conduct and actions of all DEPUTIES.
8.7 The PARTIES agree that this CONTRACT does not, and is not intended to, limit, modify,
control, or otherwise affect in any manner the complete and unilateral discretion of the
SHERIFF to either continue or revoke the deputization-of any DEPUTY who in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be an 0.0.5.0.
DEPUTY.
8.8 The PARTIES agree that this CONTRACT does not, and is not intended to limit, modify,
control, or otherwise affect in any manner 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 or the
performance of any duty by any DEPUTY. The MUNICIPALITY further agrees that this
CONTRACT does not obligate or require the SHERIFF or the 0.C.S.O. to change, alter,
modify, use, or develop any different or special DEPUTY SERVICES policies, practices or
procedures under this CONTRACT, except that the SHERIFF shall coordinate DEPUTY
SERVICES of his DEPUTIES with other participating governmental law enforcement
agencies in providing comprehensive DEPUTY SERVICES for the purposes of this
CONTRACT.
8.9 The PARTIES agree that this CONTRACT does not, and is not intended to, limit, modify,
control, or otherwise affect in any manner the 0.C.S.C.'s complete and unilateral discretion,
responsibility, and right, subject only to its collective bargaining agreements, to employ,
compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
furlough, discharge any 0.C.S.C. DEPUTY, and/or pay any and all 0,C.S.O. DEPUTY
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 0.0 SO. DEPUTY with
the OAKLAND COUNTY SHERIFF'S OFFICE.
9. LIABILITY
9.1 Each Party shall be responsible for any CLAIMS made against that PARTY and for
the acts of its Employees or AGENTS.
9.2 In any CLAIMS that may arise from the performance of this CONTRACT, each Party
shall seek its own legal representation and bear the costs associated with such
representation including any attorney fees.
9.3 Except as otherwise provided in this CONTRACT, 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.
9.4 This CONTRACT does not. and is not intended to, impair, divest, delegate or
contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOE THE TOWNSHIP OF WHITE LAKE
Page t,
duty or immunity of the Parties. Nothing in this CONTRACT shall be construed as a waiver
of governmental immunity for either Party.
10 GENERAL CONTRACT PROVISIONS,
10. 1 NO THIRD-PARTY BENEFICIARIES. The MUNICIPALITY agrees that this CONTRACT
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 DEPUTY
SERVICES or governmental law enforcement protection in favor or for the benefit of any
particular person(s) beyond the 0.0.5.0.'s and/or any DEPUTY'S governmental law
enforcement officer duty, as established under existing law, to the general public. The
MUNICIPALITY agrees that at all times, and for any and all purposes under this
CONTRACT, the 0.0.5.0. and/or any DEPUTY present at any SPECIAL EVENT shall be
present strictly and solely to perform DEPUTY SERVICES and governmental law
enforcement functions as authorized by law to and for the benefit of the general public and
under no circumstances shall the C.O.S.°. and/or any DEPUTY be obligated in any manner
to undertake any activity or duty on behalf of the MUNICIPALITY or provide any particular,
direct, or specific service or benefit to or for the MUNICIPALITY, any MUNICIPALITY
AGENT(S), or any patron or other person attending any SPECIAL EVENT.
10. 2 NO DELEGATION OR ASSIGNMENT OF THIS CONTRACT. The MUNICIPALITY agrees
that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise,
commit, or loan any 0.0.5.0.'s or any DEPUTY SERVICES or duties under this
CONTRACT to any other person and/or public or private corporation, entity, or organization
of any kind.
10.3 NOTICE OF ANY CLAIM(S). The MUNICIPALITY agrees that it shall promptly deliver to the
0.0.5.0. written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other
accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in
nature, that the MUNICIPALITY becomes aware of which involves in any way the C.O.S.°.
or any DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.O. in any
investigation conducted by the C.O.S.°, into any act(s) or work performance of any
DEPUTY,
10. 4 TERM, EFFECTIVE DATE AND CANCELATION.
10. 4.1Subj ect to the following subsection, and unless canceled as provided for in this
section, this CONTRACT shall become effective on May 1, 2012 and shall remain in
effect continuously until it expires, without any further act or notice being required of
any PARTY, at 11:59 P.M. on December 31, 2012. Either the COUNTY, the
SHERIFF, or the MUNICIPALITY may cancel this CONTRACT, for any reason,
including -the convenience of any PARTY, and without any penalty, before its
December 31, 2012, expiration by delivering a written notice of the cancellation of
this CONTRACT to the other signatories to this CONTRACT, or their successors in
office. Such written notice shall provide at least a thirty (30) calendar day notice of
the effective date of cancellation, and such cancellation of this CONTRACT shall be
effective at 11:59 P.M. on last calendar day of the calendar month following the
expiration of the 30 calendar day notice period.
10.4 .2T his CONTRACT, and any subsequent amendments, shall not become effective
prior to the approval by concurrent resolutions of the COUNTY Board of
Commissioners and the MUNICIPALITY Commission. The approval and terms of
this CONTRACT shall be entered in the official minutes and proceedings of the
COUNTY Board of Commissioners and MUNICIPALITY Commission and shall also
be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In
addition, this CONTRACT, and any subsequent amendments, shall be filed with the
Secretary of State for the State of Michigan by the COUNTY and shall not become
effective or implemented prior to its filing with the Secretary of State.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF VVHITE LAKE:
Pape: 1E)
10. 5 NOTICES. Any signatory or any signatories' successor in office to this CONTRACT shall
send, by first class mail, or alternatively may deliver in person, any correspondence and
written notices required or permitted by this CONTRACT to each of the signatories of this
CONTRACT, or any signatories' successor in office, to the addresses shown in this
CONTRACT. Any written notice required or permitted under this CONTRACT 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 or delivered to such person's office during normal
working hours.
10. 6 APPLICABLE LAW, This CONTRACT 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 without regards to its conflict of law provisions. The language of all parts of this
CONTRACT is intended to and, in all cases, shall be construed as a whole according to its
fair meaning and not construed strictly for or against any PARTY. As used in this
CONTRACT, the singular or plural number, possessive or non-possessive shall be deemed
to include the other whenever the context so suggests or requires,
10, 7 NO IMPLIED WAIVERS. Absent an express written waiver, the failure of any PARTY to
pursue any right granted under this CONTRACT shall not be deemed a waiver of that right
regarding any existing or subsequent breach or default under this CONTRACT. No failure or
delay on the part of 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.
10. 8 SUCCESSORS AND ASSIGNS BOUND. The COUNTY, the SHERIFF, and the
MUNICIPALITY acknowledge that this CONTRACT shall be binding upon each of them and,
to the extent permitted by law, upon their administrators, representatives, subsidiaries,
executors, successors and assigns, and all persons acting by, through, under, or in concert
with any of them.
10. 9 EFFECT OF CANCELLATION OR TERMINATION. The MUNICIPALITY agrees that any
and all MUNICIPALITY obligations, including, but not limited to, any and all waivers of
liability, liabilities, any MUNICIPALITY payment obligations to the COUNTY, and/or any
other related obligations provided for in this CONTRACT with regard to any acts,
occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any
events or transactions that occurred before the cancellation or completion of this
CONTRACT, shall survive the cancellation or completion of this CONTRACT. The
expiration, cancellation, or termination of this CONTRACT shall be without prejudice to any
rights or claims of either PARTY against the other and shall not relieve either PARTY of any
obligations that, by their nature, survive expiration or termination of this CONTRACT.
10. 10 CAPTIONS. The section or paragraph numbers, headings, and captions contained in this
CONTRACT are intended for the convenience of the reader and not intended to have any
substantive meaning and/or be interpreted as part of the CONTRACT.
10. 11 ENTIRE AGREEMENT BETWEEN THE PARTIES. This CONTRACT, consisting of a total
of fourteen (15) pages, including Attachment A, and Attachment B, which are incorporated
herein, sets forth the entire agreement for DEPUTY SERVICES at any SPECIAL EVENT
between the 0.0.5.0. and 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 and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the 0.0.5.0. and the MUNICIPALITY
in any way related to the subject matter hereof, except as expressly stated herein. This
CONTRACT shall not be changed or supplemented orally and may be amended only by
concurrent resolutions of the Oakland County Board of Commissioners and the
MUNICIPALITY.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE LAKE
11 CONCLUSION. For and in consideration of the mutual promises, acknowledgments,
representations, and agreements set forth in this CONTRACT, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the MUNICIPALITY and
the COUNTY hereby agree and promise to be bound by the terms and provisions of this
CONTRACT.
THIS SECTION IS INTENTIONALLY BLANK
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE LAKE
PLgE-
IN WITNESS WHEREOF, Greg Baroni,S upervisor for the TOWNSHIP of WHITE LAKE, hereby
acknowledges that he has been authorized by a resolution of the Township Board to execute this
CONTRACT on behalf of the MUNICIPALITY and hereby accepts and binds the TOWNSHIP of WHITE
LAKE to the terms and conditions of this CONTRACT on this day of , 2012.
WITNESSES: TOWNSHIP of WHITE LAKE,
a Michigan Municipal Corporation
BY:
Greg Baroni
Supervisor
BY:
Clerk
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners
(a certified copy of which is attached) to execute this CONTRACT on behalf of the COUNTY OF OAKLAND
and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the CONTRACT
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. BOUC HARD, in his official capacity as the Oakland County Sheriff, a
Michigan Constitutional Officer, hereby concurs and accepts the terms and conditions of this CONTRACT or
this day of , 2012.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
CONTRACT. FOR AUXALIARY SHER!Fr'S DEPUTY SERVICES FOR THE TOWNSHIP OF WR!TE LAKE
Page 1:?:
ATTACHMENT A
SHERIFFS DEPUTY HOURLY OVERTIME COST RATE
SHERIFFS DEPUTY Hourly
RANK Overtime
(job classification) Cost Rate
2012
Lieutenant $87.89
Sergeant $79.90
Deputy ll $65.38
Deputy I $51.69
PTNE Mounted Deputy $16.31
CONTRAC7 FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE LAKE.
ATTACHMENT B
TOWNSHIP OF WHITE LAKE REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES
TO: MICHAEL J. BOUCHARD, Oakland County Sheriff
OAKLAND COUNTY SHERIFF'S OFFICE
1200 N. Telegraph Road, Bldg. 38 East
PONTIAC, MI 48341-0479
Phone: (248)858-5001; Fax: (248)858-1806
FROM:
The MUNICIPALITY, pursuant to the CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR
THE TOWNSHIP OF WHITE LAKE between the MUNICIPALITY and the COUNTY OF OAKLAND, the terms of
which are hereby incorporated into and made part of this Request, requests that the SHERIFF provide the
Numbers and Ranks of SHERIFF'S DEPUTIES for the periods of time indicated below, to provide AUXILIARY
DEPUTY SERVICES for the following SPECIAL EVENT:
SPECIAL EVENT DESCRIPTION:
DATE OF SPECIAL EVENT:
DURATION OF REQUESTED DEPUTY SERVICES: Start
NUMBER(s) and RANK(s) of SHERIFF'S DEPUTIES requested to provide DEPUTY SERVICES at the above
SPECIAL EVENT:
End
Number(s) of SHERIFF'S
DEPUTIES Requested
Rank(s) of SHERIFF'S
DEPUTIES Requested
The undersigned hereby acknowledges and affirms that he or she has been authorized by the MUNICIPALITY
TOWNSHIP OF WHITE LAKE to initiate this request for TOWNSHIP OF WHITE LAKE REQUEST FOR
AUXILIARY 0.C.S.O. DEPUTY SERVICES and bind the MUNICIPALITY to reimburse the COUNTY OF
OAKLAND for any COUNTY COSTS incurred in response to preparing to or assigning the above Number(s)
and Rank(s) of SHERIFF'S DEPUTIES to provide DEPUTY SERVICES at the above SPECIAL EVENT.
Date:
Supervisor
(or designated representative)
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE TOWNSHIP OF WHITE LAKE
Page 15
Resolution #12184 July 18, 2012
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
FISCAL NOTE (MISC. #12184) August 1, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR PTNE MOUNTED DEPUTIES FOR THE CHARTER
TOWNSHIP OF WHITE LAKE FOR LAW ENFORCEMENT SERVICES
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. Resolution authorizes a contract agreement between the Oakland County Sheriff's Office and
the Charter Township of White Lake for Mounted Deputy Law Enforcement Patrol Services
for the School sponsored fair/carnival during the period of May 1, 2012 through December
31, 2012.
2, Terms of this contract and the Sheriff Deputy overtime rates for Mounted Deputy Patrol
contracts are consistent with rates established by this Board for calendar year 2012.
3. Further, the Sheriff has requested the creation of two (2) GF/GP PTNE 200 hrs. /yr. Mounted
Deputy positions in the Parks Unit, Patrol Services Division, of the Sheriff's Office to provide
these services.
4. The proposed agreement will result in $6,827 in revenue and expenditures for Fiscal Year
2012, which is included in the FY 2012 Budget.
5, The Mounted Deputy positions are expected to be continued, as well as the law enforcement
services contract, and sufficient funding is included in the County Executive Recommended
Budget for FY 2013, FY 2014, and FY 2015.
6. No budget amendment for Fiscal Years 2012 - 2015 is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Quarles absent.
Resolution #12184 August 1, 2012
Moved by Weipert supported by McGillivray 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, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
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 Till1kOLuT,oN
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 August 1,
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 1 st day of August, 2012.
094.
Bill Bullard Jr., Oakland County