HomeMy WebLinkAboutResolutions - 2016.12.08 - 22718MISCELLANEOUS RESOLUTION #16338 December 8, 2016
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2017 - DECEMBER 31, 2018
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 the Charter Township of Brandon, to provide law enforcement services to this
community; and
WHEREAS the Charter Township of Brandon has expressed an interest in entering into a new, two
(2) year, law enforcement service agreement; 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 2017-2018 Law Enforcement Services Agreement
with the Charter Township of Brandon.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriffs Office
2017-2018 Law Enforcement Services Agreement from the Charter Township of Brandon,
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.
BE IT FURTHER RESOLVED to continue the following GF/GP positions in the Contracted Patrol
Unit/Patrol Services Division of the Sheriff's Office; #4030619-07523, 01452, 01845, 02076,
02917, 03490, 04605, 04609, 07280, 07035, 11564 and 11675.
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 SERI 40MMITTEE
Motion to directly refer the resolution to the Finance Committee carried unanimously on a
roll call vote with Kowa!! absent.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with KowaII absent.
OAKLAND COUNTY SHERIFF'S OFFICE
2017 - 2018 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF BRANDON
This Agreement is made and entered into between the Charter Township of Brandon, a constitutional
and municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 395 Mill Street, P.O. Box 929, Ortonville, MI 48462 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of
the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose
address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the 0.C.S.O. is authorized to provide Law Enforcement Services within Oakland
County, but absent an agreement such as this, has only a limited responsibility to provide Law
Enforcement Services within the Municipality; and
Whereas, the 0.C.S.O. and the Municipality may enter into an agreement where the 0.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the 0.C.S.O. for such additional Law
Enforcement Services; and
Whereas, the 0.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality 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 Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office ('O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "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.
1.3 "County Agent" means any and all County officials elected or appointed to a County
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office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means 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.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The 0.C.S.O.
Liaison will generally be the commanding officer of the Sheriff's Deputies contracted for
and assigned to provide Law Enforcement Services under this Agreement, if one, or a
Sheriffs Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies,
responding to matters concerning public safety, a breach of the peace and traffic crashes,
and any and all other governmental law enforcement functions that are authorized by law,
as limited by and to the extent of the numbers and ranks of Sheriffs Deputies contracted
for and assigned to provide Law Enforcement Services under this Agreement. Law
Enforcement Services shall not include any activity not authorized by law. Law
Enforcement Services also shall not include the services of any 0.C.S.O. specialized unit
or division such as its Marine Safety Unit and Investigative and Forensic Services
Division, which the 0.C.S.O. uses to provide services on a County-wide basis, unless
expressly stated to the contrary herein. Nevertheless, the 0.C.S.O. will continue to
provide the services of its specialized units and divisions at no additional charge to the
Municipality, to the same extent that the 0.C.S.O. continues to provide these services at
no additional charge to all other communities within Oakland County.
1.8 "Sheriffs Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy I,
Patrol Investigator, Detective, Sergeant, or any other person of any rank, classification, or
title who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff's
Deputies in the numbers and ranks shown in Schedule A - Sheriff's Deputies Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warranty, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
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protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person 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.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the
0.C.S.O. to provide Law Enforcement Services in and for the Municipality with the levels of
staff provided for in Schedule A. Except as otherwise expressly provided for in this Agreement,
this Agreement does not create any specific, direct or indirect obligation, duty, promise, benefit,
or special right to the 0.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any
particular person beyond that of the 0.C.S.O.'s or any Sheriffs Deputy's law enforcement duty,
as established under existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs
Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement
will work, during those hours that the Municipality is being charged, only on Municipality-
related Law Enforcement Services. However, any of these Sheriffs Deputies may be absent
from the Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid"
means when a Sheriff's Deputy is temporarily called to the aid of another community due to an
emergency or other exceptional circumstance, or because a Sheriffs Deputy possesses a special
skill or qualification temporarily needed in another community.
6. Sheriff's Deputy's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement
Services under this Agreement will provide eighty (80) hours of Law Enforcement Services for
the Municipality during a biweekly period.
6.1 Times Spent Outside Municipality Included in Hours Charted. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 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 Sheriffs Deputy, if that Sheriff's Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
0.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality-related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
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6.1.6 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.
7. Shift Assignments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will 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.
8. 0.C.S.O. Records. All 0.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the 0.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriff's sole discretion and judgment as to the county-wide
prioritization of resources and law enforcement needs, additional Law Enforcement Services
beyond the 80 hours per biweekly period for each Sheriff's Deputy contracted for under this
Agreement, as provided for in Schedule A, may be made available by the Sheriff to the
Municipality on an overtime basis.
9.1 When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), or holiday pay
overtime as shown in Schedule B - Holiday Pay, which is attached and incorporated
herein, all other overtime charges incurred by any Sheriffs Deputy contracted for under
this agreement, which are charged to the Municipality, shall be approved, in advance, in
writing, by the Municipality Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms
of this Agreement. However, in the unlikely event that the 0.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the 0.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff's Deputy as a result, then
those additional hours of Law Enforcement Services that the 0.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holiday Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assioiment/Delegation/Subcoutract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the 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.
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11. Additional Law Enforcement Services, If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipality's Payment Obligations. The Municipality will pay the 0.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the 0.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the 0.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the
Oakland County Board of Commissioners. The Municipality will pay the 0.C.S.O. at
the yearly rates set by the Oakland County Board of Commissioners for all Law
Enforcement Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established 0.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the 0.C.S.O. will prepare and send
to the Municipality an invoice that sets forth the biweekly amount due for each Sheriff's
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless
expressly prohibited by law, the County or the County Treasurer, at their sole option,
shall be entitled to offset of retain the amount due 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. The Municipality waives any Claims against the County or County
Agents for any acts related 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 Agreement
13.2 Interest Charges. 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 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.
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13.3 Other RiEhts/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Payment. If the County pursues any legal action in
any court to secure payment, 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.
14. Independent Contractor Status. Neither the 0.C.S.O. nor any Sheriffs Deputy, by virtue of
this Agreement or otherwise, shall be considered or claimed to be an employee of the
Municipality. 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 not state, suggest, or imply that any
employment status or employment relationship exists between any Sheriffs Deputy and the
Municipality.
15. 0.C.S.O. is Sole and Exclusive Employer of Sheriff's Deputies. 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.
16. Terms and Conditions of Employment for Sheriff's Deputies. This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriffs Deputy with the 0.C.S.O., any applicable 0.C.S.O.
employment or union contract, and any 0.C.S.O. 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 0.C.S.O. and any
Sheriffs Deputy and the conduct and actions of any Sheriffs Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriffs sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16.1.2 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, or discharge any Sheriffs
Deputy 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.O., subject only to its collective bargaining
agreements.
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16.1.3 The Sheriffs 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 any other
judgment, policy or directive that, in any way, governs or controls any
activity of any Sheriff's Deputy, any necessary Sheriffs Deputy's training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriffs Deputy
performing any 0.C.S.O. duty or obligation under the terms of this
Agreement.
17. No Municipality Control of Sheriffs Deputies. Neither the Municipality nor any Municipality
Agents shall 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 Law Enforcement Services under
the terms of this Agreement. Except as expressly provided for under the terms of this Agreement,
no Sheriffs 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 for the Municipality
or Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deputies Paid by 0.C.S.O. The 0.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs 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 Sheriffs Deputy's status as an
employee of the 0.C.S.O.
19. Sheriff's Deputies Shall Not Be Paid by Municipality. 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, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, paid directly to the
County, and any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, 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 any individual Sheriff's Deputy.
20. Sheriffs Deputies' Expenses Paid by 0.C.S.O. Except as expressly provided otherwise in this
Agreement, the 0.C.S.O. is solely and exclusively responsible for providing Sheriff's Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the 0.C.S.O., in its sole judgment, deems required or beneficial for the
completion of any 0.C.S.O.'s duty under the terms of this Agreement. The 0.C.S.O. shall also be
solely and exclusively responsible for any and all Sheriff's Deputy's professional expenses,
licenses, uniform or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearing Municipality's Name. Any stationery, notices, forms,
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Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the 0.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
20.2 Municipality's Request for Special Equipment. 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 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. 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.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality-owned or leased buildings to the 0.C.S.O. for use by Sheriff's
Deputies assigned to the Municipality, which shall be referred to as a "Municipality Substation."
The 0.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the Municipality Substation with 0.C.S.O. personal property and
equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriff's Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main 0.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the 0.C.S.O. will be by mutual agreement and consent of the Parties. Under
no circumstances will the Municipality be obligated under the terms of this Agreement to
provide any Municipality Substation, nor shall the 0.C.S.O. be obligated to use any such
Municipality Substation if offered. If the Municipality decides that it will offer to provide
the 0.C.S.O. with a Municipality. Substation, and the 0.C.S.O. agrees to use such facilities,
the following terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the 0.C.S.O. for providing Law
Enforcement Services under this Agreement.
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21.2.2 Maintenance and Utilities. 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,
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 any permanently
installed Municipality Substation telephones), at no cost to the 0.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriff's Deputies will use due care in their use of any
Municipality Substation, The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the
County for any loss or damage to the Municipality Substation premises or property
which is owned or insured by the Municipality. The Municipality will provide the
County with a certificate of insurance that contains the following language: "The
Municipality and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or property
owned by or insured by the Municipality," The Municipality will provide this
Certificate of Insurance to: Attn. Business Manager, Oakland County Sheriff's
Office, County Service Center, Bldg. 438 East, 1200 N. Telegraph Road, Pontiac,
Michigan 48341-1044, prior to January 1, 2017. All certificates of insurance are
subject to approval by the Oakland County Office of Risk Management.
22. No Transfer, Dele2ation, or Assi2nment of Municipality's Duties. Except as expressly
provided for in this Agreement, this Agreement does not, and is not intended to, transfer,
delegate, or assign to the County, the Sheriff, or any Sheriff's Deputy any civil or legal
responsibility, obligation, duty of care, or liability associated with any governmental function
delegated or entrusted to the Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
0.C.S.O. Liaison to request, advise, or otherwise make the 0.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriff's attention any concerns that the
Municipality may have regarding the assignment of any 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 will keep the
Municipality Liaison reasonably informed regarding Municipality-related Law Enforcement
Services, unless such communication would interfere with an ongoing criminal investigation or
prosecution, 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 under the
terms of this Agreement.
0.C.S.O. 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 9 of 17
24. Allegations of Improper Conduct of Sheriff's Deputy. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of
any complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature,
that the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees
to cooperate with the 0.C.S.O. in any investigation conducted by the Sheriff into the character
and fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that
Party and for the acts of its respective Municipality and County Agents.
25.1 Leal Representation. For 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.
25.2 No Indemnification. 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 the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, 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 any Party. The 0.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or
other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of
the Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not
intended to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature whatsoever, for any Sheriffs
Deputy or any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1, 2017, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2018. Upon the expiration of this Agreement, all
further obligations of the 0.C.S.O. to provide Law Enforcement Services to the Municipality
under the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the 0.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the 0.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriffs Deputy.
0.C,S,O, 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev, October 2016 Page 10 of 17
29. Resolutions Required. 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's 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 the
Municipality's 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.
30. New Agreement Required to Continue Law Enforcement Services Beyond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the 0.C.S.O., in writing, of this intent no later than
July 31, 2018. Upon notification from the Municipality, and if the 0.C.S.O. has a similar
interest, the 0.C.S.O, will present the Municipality with a new proposed agreement for continued
Law Enforcement Services on, or before, August 31, 2018. This paragraph does not obligate the
0.C.S.O. or the Municipality to continue any Agreement for any Law Enforcement Services
beyond the expiration of this Agreement unless a new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and
continue in full force beyond the termination or expiration of this Agreement (or any part thereof)
until the terms and conditions are fully satisfied or expire by their nature: Paragraph 1
(Definitions), Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's
Payment Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (0.C.S.O. is Sole and
Exclusive Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment
for Sheriffs Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's
Duties), Paragraph 24 (Allegations of Improper Conduct of Sheriff's Deputy), Paragraph 25
(Responsibility of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New
Agreement Required to Continue Law Enforcement Services Beyond Expiration Date),
Paragraph 31 (Survival of Terms and Conditions), Paragraph 32 (Notices), Paragraph 33
(Governing Law), Paragraph 34 (Captions and Contract Language), Paragraph 35 (Waiver),
Paragraph 36 (Binding Affect), Paragraph 38 (Cumulative Remedies), Paragraph 39
(Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by
this Agreement to each signatory to this Agreement, or any signatory's successor in office, by
first class mail 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.
33. Governing Law, 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.
34. Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. 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. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
0.C.S.O. 2017-2018 Law Enforcement Services Agreement With 13randon Township
Rev. October 2016 Page 11 of 17
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice
given pursuant to this Agreement. No failure or delay by any Party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof. No written waiver, in one or
more instances, shall be deemed or construed as a continuing waiver of any term or condition of
this Agreement. No waiver by any Party shall subsequently affect its right to require strict
performance of this Agreement,
36. Binding Affect. 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 upon all
persons acting by, through, under, or in concert with any of them.
37. Amendments. 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's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
39. Severabilitv. If a court of competent jurisdiction finds a term or condition of this Agreement to
be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms or conditions shall remain in full force and effect.
40, Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the 0.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the
Parties in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
0.C.S.O. 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 12 of 17
IN WITNESS WHEREOF, Kathy Thurman, Supervisor for the Charter Township of Brandon,
hereby acknowledges that she has been authorized by a resolution of the Municipality's governing
body (a certified copy of which is attached) to execute this Agreement on behalf of the Municipality
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
day of ,2016.
WITNESSES: CHARTER TOWNSHIP OF BRANDON
a Michigan Municipal Corporation
BY:
Kathy Thurman
Supervisor
BY:
Candee Allen
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 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 , 2016.
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 , 2016.
WITNESS: OAKLAND COUNTY SHERIFF, a
Michigan Constitutional Officer
BY:
MICHAEL 3. BOUCHARD,
Oakland County Sheriff
0,C.S.O. 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 13 of 17
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank of
Sheriff's
Deputies
Contracted
Number of
Sheriff's
Deputies
Contracted
Charge for
each Sheriff's
Deputy to
Municipality in
2017
Annual
Costs
2017
iweekly Biweekly
Charge for
each
Sheriff's
Deputy to
Municipality
in 2018
Annual Costs 2018
Captain $7,270.50 $7,450.74
Lieutenant 1 $6,214.42 $161,575 $6,379.13 $165,857
Patrol
Sergeant $5,687.73 $5,837.49
Detective
Sergeant 1 $5,773.88 $150,121 $5,929.73 $154,173
Deputy II
(w/fill) $5,724.62 $5,875.15
Deputy II
(no-fill) 9 $4,971.88 $1,163,421 $5,107.38 $1,195,128
Deputy II
, (no-fill/no-
vehicle)
$4,636.15
$4,756.64
Patrol
Investigator
(no-fill)
1 $5,058.04 $131,509
$5,199.62
$135,190
Deputy I
(no-fill) $4,675.42 $4,805.00
TOTAL 12 $1,606,626 $1,650,348
NOTE: For each "Deputy II (w/fill)" identified above, the 0.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The 0.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
0.C.S.O. 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev, October 201_6 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of
Sheriff's Deputies
Contracted
Regular
Holiday Pay
Regular
Holiday Pay —
Not Worked'
Holiday overtime2 Overtime Additional
Charges
Captain INCLUDED INCLUDED NOT
ELIGIBLE
NOT
ELIGIBLE NO
Lieutenant INCLUDED OPTIONAL3 NOT
INCLUDED
NOT
INCLUDED YES
Patrol Sergeant INCLUDED OPTIONAL NOT
INCLUDED
NOT
INCLUDED YES
Detective Sergeant INCLUDED OPTIONAL NOT
INCLUDED
NOT
INCLUDED YES
Deputy II (w/fill) INCLUDED INCLUDED INCLUDED INCLUDED NO
Deputy II (no-fill) INCLUDED NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED YES
Deputy II (no-
fill/no-vehicle) INCLUDED NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED YES
Patrol Investigator
(no-fill) INCLUDED NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED YES
Deputy I (no-fill) INCLUDED NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED YES
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 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.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the 0.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.O. 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Hourly
Rate
2017
Overtime
Hourly Rate
2017
Regular
Hourly Rate
2018
Overtime
Hourly Rate
2018
Captain N/A N/A N/A N/A
Lieutenant $58.26 $87.39 $59.43 $89.15
Patrol
Sergeant $52.89 $79.34 $53.95 $80.93
Detective
Sergeant $52.89 $79.34 $53.95 $80.93
Deputy II
(w/fill) $44.17 $66.26 $45.05 $67.58
Deputy II
(no/fill) $44.17 $66.26 $45.05 $67.58
Deputy II
(no-fill/no-
vehicle)
$44.17 $66.26 $45.05 $67.58
Patrol
Investigator
(no-fill)
$44.17 $66.26 $45.05 $67.58
Deputy I
(no-fill) $40.55 $60.83 $41.36 $62.04
PINE Deputy $20.42 $30.63 $20.83 $31.25
Technical
Assistant $28.18 $42.27 $28.75 $43.13
0,C.S.0, 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 16 of 17
Regular
Hourly
Rate
2017
Overtime
Hourly Rate
2017
Regular
Hourly Rate
2018
Overtime
Hourly Rate
2018
Account Clerk
I $21.93 $32.90 $22.37 $33.56
PTNE Office
Assistant $16,48 $24.72 $16.88 $25.32
OC,S,O, 2017-2018 Law Enforcement Services Agreement With Brandon Township
Rev. October 2016 Page 17 of 17
FISCAL NOTE ' (MISC. #16338) December 8, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2017— DECEMBER 31, 2018
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 Brandon has requested that the Oakland County Sheriff provide
law enforcement services to this community.
2. Miscellaneous Resolution (MR.) #16315 authorized the established rates and contract
language for two (2) calendar years 2017 and 2018; the rates stated in this agreement
are consistent with the rates established by this resolution. Also, M.R. #16316 authorized
overtime rates for the calendar years 2017 and 2018.
3. The dates of the agreement are January 1, 2017 through December 31, 2018.
4. The resolution authorizes the continuation of the following positions within the Contracted
Patrol Unit/Patrol Services Division of the Sheriff's Office: 4030619-07523, 01452, 01845,
02076, 02917, 03490, 04605, 04609, 07280, 07035, 11564 and 11675; the number of
contracted positions at this community remains at 12.
5. A budget amendment is not required at this time.
FIN CE COMMITTEE
-lona
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
Resolution #16338 December 8, 2016
Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, Crawford. (19)
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,-// -)-//4
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 8,
2016, 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 8th day of December, 2016.
Lisa Brown, Oakland County