HomeMy WebLinkAboutResolutions - 1994.03.10 - 24151#
REPORT (Misc. #94033) March 10, 1994
BY: Personnel Committee - Marilyn Gosling, Chairperson
RE: Misc. Res. #94033 - SHERIFF'S DEPARTMENT - REORGANIZATION OF
LAW ENFORCEMENT PATROL SERVICES CONTRACT - CITY OF ROCHESTER
HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced
resolution on March 2, 1994, reports with the recommendation that
the resolution be adopted with the following changes.
To amend the fourth paragraph to read:
WHEREAS the 1994/1995 Adopted Budget will have to be adjusted
to reflect these changes as follows:
Downgrade one (1) Captain position (4361707129) to Sergeant
Downgrade one (1) Lieutenant position (4361706462) to Sergeant
Upwardly reclassify two (2) Deputy I positions to Deputy II
(4361707130, 04361707131).
To amend the fifth paragraph to read:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the downgrade of one (1) Captain
position (4361707129) to Sergeant and downgrade of one (1)
Lieutenant position (4361706462) to Sergeant and the upward
reclassification of two (2) Deputy I positions to Deputy II
(4361707130, 4361707131).
Chairperson, on behalf of the Personnel Committee, I move the
acceptance of the foregoing report.
PERSONNEL COMMITTEE
"February 10, 1994
MISCELLANEOUS RESOLUTION # 94033
BY : PUBLIC SERVICES COMMITTEE, LAWRENCE A. ()BRECHT,
CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - REORGANIZATION OF LAW ENFORCEMENT
PATROL SERVICES CONTRACT - CITY OF ROCHESTER HILLS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, it is the policy of the Oakland County Board of
Commissioners to permit the Sheriff's Department to enter into
contractual agreements with local units of government to provide
Law Enforcement Patrol Services; and
WHEREAS, the City of Rochester Hills wishes to change the
configuration of their contract; and
WHEREAS, the Sheriff is in agreement with this change; and
WHEREAS, the 1994/1995 Adopted Budget will have to be adjusted
to reflect these changes as follows:
Downgrade one [1] Captain Position (#4361707129) to Sergeant
Downgrade on [1] Lieutenant Position (#4361706462) to Sergeant
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the downgrade of one [1] Captain
Position (#4361707129) to Sergeant and downgrade of one [1]
Lieutenant Position (#4361706462) to Sergeant.
BE IT FURTHER RESOLVED, that the Oakland County Board of
Commissioners approves the attached contract.
On behalf of the Public Services Committee, I move, the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
December 20, 1993
Sheriff John F. Nichols
Dale Cunningham, Sheriff Business Manag
THOMAS QU1SENBERRY
Major
DATE:
TO:
FROM:
1993 1994/1995
Lieutenant
Detective Sergeant
Patrol Sergeants
Patrol Investigators
Deputy II No Fill-In
Deputy II No Fill-In/No Vehich
Deputy I No Fill-In
TOTAL 48
1
1
5
8
28
3
2
• COUNTY OF OAKLAND
OFFICE OF THE SHERIFF
JOHN F. NICHOLS
HENRY BUFFA
Undersheriff
RE: ROCHESTER HILLS LAW ENFORCEMENT SERVICE CONTRACT
Per the attached letter from the Mayor of Rochester Hills and
the attached Resolution from the City Council, the contract
changes as followed:
1 Captain
2 Lieutenants
1 Detective Sergeant
3 Patrol Sergeants
8 Patrol Investigators
28 Deputy II - No Fill-In
3 Deputy II No Fill-In/No Vehicle
2 Deputy I No-Fill
TOTAL 48
Therefore, it will be necessary to vacate one Lieutenant's
position by January 1, 1994. We then can under-fill one
Captain's position and one Lieutenant's position with
Sergeants so that we can properly invoice the City, beginning
in January 1994. The positions and final contract will have
to be changed by the Board of Commissioner at this first
meeting in February, 1994. I will have material available for
Public Services Committee on Tuesday, January 25, 1994.
pc: Dave Quigley, Budget
Lois Koeber, Personnel
Candace Fredericks, Accounting
1201 N TELEGRAPH RD * PONTIAC MI 48341-1044 * 313/858-5008
City of
DOORS= IIILL8
1000 Rochester Hills Drive, Rochester Hills, Michigan 48309-3033 Billie M. Ireland, Mayor 658-4664
December 17, 1993
John F. Nichols, Sheriff
Oakland County Sheriffs Department
1201 North Telegraph Road
Pontiac, Michigan 48341
Re: 1994-1995 Law Enforcement Agreement
Dear Mr. Nichols:
At its Regular Meeting held December 15, 1993, the City Council approved the Oakland
County Sheriff's Department 1994 - 1995 Law Enforcement Agreement. Transmitted
herewith are two original agreements executed by the Mayor and the City Clerk along
with a certified resolution authorizing same. Upon execution by Larry P. Crake,
Chairperson, Board of Commissioners and John F. Nichols, Oakland County Sheriff,
please return one original to the City of Rochester Hills so it can be filed with the City
Clerk pursuant to paragraph 16 of the agreement.
I trust you will replace Schedule A - Sheriffs Deputy(ies) Contracted with the corrected
schedule pursuant to our meeting of December 10, 1993 and the attached resolution.
As always, if you have any questions or require additional information, please contact
my office. Best wishes to you and your staff for a Happy Holiday Season.
Sincerely,
Aiii4;;01.kg&teninie
BILLIE M. IRELAND, MAYOR
City of Rochester Hills
BMI:bmcl:Imb
attach
cc: Keith Sawdon
WP5010CSO\AGREE9.495
A CITY OF ROCHESTER HILLS
CITY COUNCIL
At a REGULAR ROCHESTER HILLS CITY COUNCIL MEETING held at the Rochester
Hills Municipal Offices, 1000 Rochester Hills Drive, Rochester Hills, Michigan, on
Wednesday, December 15, 1993:
Present: President Patricia Roberts, Members Jon Buller, Scot Beaton,
Linda Raschke, Lauren Shepherd, Kenneth Snell, Pat Somerville
Absent: None
Quorum Present.
MOTION by Beaton, seconded by Somerville,
RESOLVED, that the Agreements for Law Enforcement Services between the County of
Oakland (through its Board of Commissioners and the Oakland County Sheriff) and the City • of Rochester Hills, for the provisions of:
Officers/NuMber 1994 Contract 1995 Contract
Amount Amount
1 Lieutenant 87,382 • 91,095
1 Patrol Sergeant/ 82,088 85,709
Administration ,
1 Detective Sergeant 81,233 . j • 84,720 .
4 Patrol Sergeants 82,088 85,709.
8 Patrol Investigators 70,837 73,880
28 Deputy II No Fill-In 71,692 74,869
3 Deputy II No Fill/Car 64,699 67,696
2 Deputy 1 No Fill-In 58,145 • '60,746';
plus all necessary tools, automobiles, radios, communication equipment, training, and all
other necessary supplies as detailed in the Agreements for the period January 1, 1994
through December 31, 1995 BE AND ARE HEREBY APPROVED; and
FURTHER RESOLVED, the Mayor and City Clerk BE AND ARE HEREBY
AUTHORIZED to execute and deliver said Agreements on behalf of the city.
Ayes: Roberts, Beaton, Buller, Raschke, Shepherd, Snell, Somerville
Nays: None MOTION CARRIED
CERTIFICATE
I, Keith Sawdon, Rochester Hills City Clerk, do hereby certify that the foregoing is a
cmplete and true copy of a resolution, the original of which is on file in my office, adopted
by the Rochester Hills City Council at a Regular Meetivile inesday,
December 15, 1993.
KS:rw KEITH SAWDON, Clerk
RES\ocsdcon.res City of Rochester Hills
OAKLAND COUNTY SHERIFF'S DEPARTMENT
1994 - 1995 LAW ENFORCEMENT AGREEMENT
WITH THE CITY OF ROCHESTER HILLS
This Agreement is made and entered into between the COUNTY 07
OAKLAND, a Michigan Constitutional and Municipal Corporation and
political subdivision of the State of Michigan, whose address is
1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the
"COUNTY"), the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in hi
official capacity as a Michigan Constitutional Officer, whose
address is 1201 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the "SHERIFF"), and the CITY OF ROCHESTER HILLS, a
Michigan Constitutional and Municipal Corporation and political
subdivision of the State of Michigan, located within Oakland
County, whose address is 1000 Rochester Hills Drive, Rochester
Hills, Michigan 48309 - 3033 (hereafter the "CITY"). In this
Agreement, the COUNTY and SHERIFF hereafter shall be referred to
jointly and collectively as the "SHERIFF'S DEPARTMENT".
WITNESSETH
WHEREAS, the CITY is authorized to provide police services for
residents of the CITY; and
WHEREAS, the SHERIFF'S DEPARTMENT is authorized to provide
police services for residents of Oakland County but, absent an
agreement such as this, has only limited responsibility for police
services in the CITY; and
WHEREAS, the SHERIFF'S DEPARTMENT and the CITY may enter into
an agreement where the SHERIFF'S DEPARTMENT would perform
additional law enforcement services in the CITY; and
WHEREAS, the CITY desires to contract with the SHERIFF'S
DEPARTMENT for such additional law enforcement services in the
CITY; and
WHEREAS, the SHERIFF'S DEPARTMENT is agreeable to providing
additional law enforcement services in the CITY with the additional
personnel provided under the terms and conditions of this
Agreement;
NOW, THEREFORE, in consideration of these premises, and the
promises, representations, and agreements hereafter contained, it
is mutually agreed as follows:
1. The SHERIFF shall assign SHERIFF'S DEPUTY(IES), in such
Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S
DEPUTY(IES) CONTRACTED (attached), to enforce State statutes and
CITY ordinances, including the writing of tickets for CITY
12/1/93 1
ordinance violations, within the corporate limits of the CITY,
including all private roads, as well as provide general police
services to the residents of the CITY. General police services
include road patrol, crime detection, crime prevention, and
criminal apprehension activities, as well as any nece s sary
supervision and related law enforcement functions to the extent of
the staffing provided for in this Agreement. Additional SHERIFF'S
DEPARTMENT law enforcement Support Services, such as Marine
Division, Arson Investigation, Detective and Crime Lab services,
which the SHERIFF'S DEPARTMENT now provides on a County-wide basis,
unless expressly stated to the contrary herein, are not part of the
law enforcement services contemplated under the scope of this
Agreement. Nevertheless, such additional law enforcement Support
Services shall continue to be made available, at no additional cost
to the CITY, to the same extent that the SHERIFF'S DEPARTMENT
continues to make such law enforcement Support Services available,
at no additional charge, to all other communities within Oakland
County.
a. The CITY acknowledges that, except as provided for under
the terms of this Agreement, the SHERIFF has only limited
responsibility for law enforcement services in the CITY and is
not otherwise required, except as provided herein, to assign
any specific Number(s) or Rank(s) of SHERIFF'S DEPUTY(IES) to
provide law enforcement services to the CITY.
b. This Agreement shall not be interpreted to include any
promise or guaranty, of any kind, that the SHERIFF'S
DEPARTMENT provision of law enforcement services under the
terms of this Agreement will result in any specific reduction
or prevention of criminal activity within the CITY or any
other such performance -based outcome, but only that the
SHERIFF will make every reasonable effort to provide
professional law enforcement services to the CITY, in
accordance with generally accepted standards for police
protection with the staff provided for in SCHEDULE A -
SHERIFF'S DEPUTY(IES) CONTRACTED.
c. As used throughout this Agreement the term "SHERIFF'S
DEPUTY(IES)" shall be defined to include any Captain,
Lieutenant, Sergeant, Deputy II, Deputy I, Patrol
Investigator, Detective Sergeant, or any other person or
persons of any rank, classification, or title who, pursuant to
state law, is a sworn Deputy of the SHERIFF.
2. Except as otherwise expressly provided for in this
Agreement, any SHERIFF'S DEPUTY(IES) contracted for and assigned to
provide law enforcement services to the CITY (SCHEDULE A -
SHERIFF'S DEPUTY(IES) CONTRACTED) shall work, during those hours
for which the CITY is being charged, only on CITY related police
matters. It is understood and agreed, however, that mutual aid
between communities may be provided to surrounding communities.
12/1/93 2
Mutual aid, as used in the previous sentence, means that any
SHERIFF'S DEPUTY(IES) contracted for and assigned to the CITY may
be absent from the CITY, at CITY expense, when temporarily called
to the aid of another community due to an emergency or other
exceptional circumstance or because a SHERIFF'S DEPUTY(IES)
possesses some special skill or qualification temporarily needed in
that other community.
3. Under the terms of this Agreement, the SHERIFF'S
DEPARTMENT shall assign to the CITY the Number(s) and Rank(s) of
SHERIFF'S DEPUTY(IES) shown in SCHEDULE A - SHERIFF'S DEPUTY(IES)
CONTRACTED, to perform all of the law enforcement services
contemplated under this Agreement. As used throughout this
Agreement, any reference to the Number(s) of SHERIFF'S DEPUTY(IES),
as shown in SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED, shall be
defined and auantified as EIGHTY (80) HOURS of law enforcement
services during a bi-weekly period, by any SHERIFF'S DEPUTY(IES) of
the specified Rank(s), for each of the SHERIFF'S DEPUTY(IES)
contracted for and assigned by the SHERIFF to provide law
enforcement services to the CITY.
a. Except as may otherwise be expressly provided in this
subparagraph, or in SCHEDULE A - SHERIFF'S DEPUTY(IES)
CONTRACTED, whenever any SHERIFF'S DEPUTY(IES) contracted for
and assigned to provide law enforcement services to the CITY
is not present in the CITY geographical area due to any of the
reasons described in subparagraphs 1 - 6 below, such periods
of time shall be included in and counted towards the EIGHTY
(80) HOURS of law enforcement services for the hi -weekly
period in which it occurred.
1. Travel time, on a daily basis, to or from the
SHERIFF'S DEPARTMENT, in Pontiac, Michigan, at the
beginning or end of any shift by any SHERIFF'S
DEPUTY(IES), if that SHERIFF'S DEPUTY(IES) shift starts
or ends in Pontiac;
2. Attendance, (not to exceed 100 hours per SHERIFF'S
DEPUTY(IES) per calendar year) at any SHERIFF'S
DEPARTMENT authorized or required training session,
function or meeting;
3. Provision of any mutual aid as described in
Paragraph 2 above;
4. Appearance in any Court, or any meeting with any
other law enforcement agency in connection with any
prosecution or Court appearance related to CITY law
enforcement activities;
5. Performance of any law enforcement services for the
CITY which takes any SHERIFF'S DEPUTY(IES) outside of the
12/1/93 3
CITY's geographical area; and
6. Any approved period of annual leave, sick leave,
holiday leave, personal leave, or any other approved,
paid leave (except any paid disciplinary leave and/or
long -term disability leave extending beyond a period of
5 working days) granted to any SHERIFF'S DEPUTY(IES) in
accord with applicable SHERIFF'S DEPARTMENT policies,
procedures, and/or employment contracts.
b. Subject to the SHERIFF'S right to consolidate the
assigned shifts of SHERIFF'S DEPUTY(IES) in order to
concentrate law enforcement efforts to meet particular law
enforcement priorities and needs, the SHERIFF shall assign
shifts to SHERIFF'S DEPUTY(IES) contracted for under this
Agreement so as to provide the broadest possible coverage of
law enforcement services to the CITY.
c. All SHERIFF'S DEPARTMENT policies, procedures, employment
contracts, etc., which may be applicable to this Agreement
shall be made available by the SHERIFF for inspection by the
CITY Mayor or designated representatives by appointment,
during normal business hours.
4. Subject to the SHERIFF's sole discretion and judgment as
to the county-wide prioritization of resources and law enforcement
needs, any SHERIFF'S DEPUTY(IES) services, beyond the EIGHTY (80)
HOURS of law enforcement services during a bi -weekly period, as
Provided for in this Agreement, may be made available by the
SHERIFF to the CITY on an overtime basis. Except for overtime
incurred due to late calls, report writing, court appearances,
emergencies, or holiday pay overtime as shown in SCHEDULE B -
HOLIDAY PAY (attached), all other overtime charges incurred by any
SHERIFF'S DEPUTY(IES), which are charged to the CITY, shall be
approved, in advance, by the CITY Mayor or a designated
representative. Any such additional hours of SHERIFF'S DEPUTY(IES)
services provided shall be invoiced to and paid by the CITY
directly to the COUNTY at the hourly overtime rates shown in
SCHEDULE C - HOURLY RATES (attached), which shall be in addition to
any amounts otherwise due and owing under the terms of this
Agreement. If, however, in the unlikely event that the SHERIFF'S
DEPARTMENT was able to provide any SHERIFF'S DEPUTY(IES) services
as requested by the CITY, in addition to the EIGHTY (80) HOURS of
law enforcement services during a bi-weekly period, as provided for
in this Agreement, without the SHERIFF'S DEPARTMENT actually
incurring any direct or indirect obligation to pay any overtime
premium to any SHERIFF'S DEPUTY(IES) as a result, the hourly
regular rates shown in SCHEDULE C - HOURLY RATES, for those
additional hours of law enforcement services for which the
SHERIFF'S DEPARTMENT did not incur any overtime obligation shall be
invoiced and paid by the CITY as otherwise provided herein. All
holiday pay charges to the CITY shall be calculated and invoiced in
4 12/1/93
accord with SCHEDULE B HOLIDAY PAY.
5. The CITY will pay the SHERIFF'S DEPARTMENT for all
SHERIFF'S DEPUTY(IES) services rendered pursuant to this Agreement
at the bi-weekly rates shown in SCHEDULE A - SHERIFF'S DEPUTY(IES)
CONTRACTED. The CITY further agrees to reimburse the SHERIFF'S
DEPARTMENT for any and all additional hours of work, overtime,
and/or holiday bay costs incurred by the SHERIFF'S DEPARTMENT in
providing law enforcement services to the CITY under the terms of
this Agreement. For every bi-weekly period of time (corresponding
to established SHERIFF'S DEPARTMENT payroll periods) during which
any SHERIFF'S DEPUTY(IES) rendered any services to the CITY under
the terms of this Agreement, the SHERIFF'S DEPARTMENT shall prepare
and send to the CITY an invoice which sets forth the bi-weekly
amount due for each SHERIFF'S DEPUTY(IES) services rendered durina
that bi-weekly period, plus any charges for any additional hours of
work, overtime, and/or holiday pay, per Paragraph 4 above, during
that bi-weekly billing period. All overtime charges are to be
itemized and designated for the reason incurred. The CITY agrees
to pay to the COUNTY the full amounts due on any such invoice
within 30 days of the invoice date.
6. The CITY and the SHERIFF'S DEPARTMENT agree and warrant
that neither the SHERIFF'S DEPARTMENT nor any SHERIFF'S
DEPUTY(IES), by virtue of this Agreement, or otherwise, shall be
considered or claimed to be an employee of the CITY and further
agree that, at all times, and for all purposes under the terms of
this Agreement, the SHERIFF'S DEPARTMENT's legal status and
relationship to the CITY shall be that of an INDEPENDENT
CONTRACTOR. The CITY also agrees that in any writing or any other
communication prepared by, for, or at the direction of the CITY,
the CITY shall neither state, suggest, nor imply that any
employment status and/or employment relationship exists between any
SHERIFF'S DEPUTY(IES) and the CITY.
7. The CITY and the SHERIFF'S DEPARTMENT agree and warrant
that, at all times, and for all purposes relevant to this
Agreement, the SHERIFF'S DEPARTMENT shall remain the sole and
exclusive employer of all SHERIFF'S DEPUTY(IES) and that the
SHERIFF'S DEPARTMENT shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTY(IES) wages,
compensation, overtime wages, expenses, fringe benefits, pension or
retirement benefits, travel expenses, mileage allowances, training
expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers'
disability compensation, unemployment compensation, Social Security
Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way,
upon any SHERIFF'S DEPUTY(IES) status as an employee of the
SHERIFF'S DEPARTMENT. The CITY shall not grant, give, allow, pay,
reimburse, compensate, or otherwise provide any wages, fringe
benefits, privileges, gifts, equipment, automobiles, personal
12/1/93 5
property, supplies, benefits, entitlement, consideration (monetary
or otherwise) or any other thing of value, either directly or
indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY(IES). Any consideration, monetary or otherwise,
paid directly to the COUNTY; any personal property, automobiles, or
portable equipment (e.g., portable telephones, portable computers,
beepers, etc.) supplied, provided, or leased directly to the
COUNTY, as provided for in this Agreement; or any real property
(i.e., CITY sub-stations, including any equipment or fixtures
attached and permanently maintained therein by the CITY, such as,
desks, chairs, copying machines, fax machines, typewriters,
installed telephones, lockers, etc.), provided by the CITY for
general use by the SHERIFF'S DEPARTMENT shall not be interpreted as
either a direct or indirect payment or benefit being provided to
any SHERIFF'S DEPUTY(IES) by the CITY.
8, The CITY and the SHERIFF'S DEPARTMENT agree that no
SHERIFF'S DEPUTY(IES) shall perform any services directly for the
CITY or otherwise be available to perform any other work or
assignments from the CITY, and that no SHERIFF'S DEPUTY(IES) shall
be otherwise employed or utilized, in any manner or capacity, by
the CITY except as expressly provided for under the terms of this
Agreement.
9. The SHERIFF shall designate one of the SHERIFF'S
DEPUTY(IES) contracted for and assigned to provide law enforcement
services to the CITY under this Agreement as a "Communications
Liaison" for the purpose of maintaining communications with the
CITY Mayor. The CITY Mayor, or designated CITY OFFICIAL, as
defined in Paragraph 13(b) below, may contact the Communications
Liaison to request, advise, or otherwise make the SHERIFF'S
DEPARTMENT aware of particular law enforcement needs and services
within the community, or to provide other relevant information,
that has come to the attention of the CITY Mayor. The CITY Mayor
may also bring to the SHERIFF'S attention any concerns that the
CITY Mayor may have regarding the assignment of any SHERIFF'S
DEPUTY(IES) to the CITY and the SHERIFF shall provide the CITY
Mayor an opportunity to interview and meet any command officers
before they are assigned to the CITY, however, the SHERIFF's
decision on the assignment of any SHERIFF'S DEPUTY(IES) shall be
final. The SHERIFF'S DEPUTY(IES) designated as the "Communications
Liaison" shall, to the extent that any such communication would not
interfere in an ongoing criminal investigation or prosecution, keep
the CITY Mayor reasonably informed regarding criminal and/or law
enforcement activities within the CITY and advise the CITY Mayor,
as soon as practicable, of any changes in any SHERIFF'S DEPUTY(IS)
contracted for and assigned to perform law enforcement services to
the CITY under the terms of this Agreement. Notwithstanding the
above, however, neither the CITY nor the CITY Mayor shall otherwise
provide, furnish or assign any SHERIFF'S DEPUTY(IES) with any job
instructions, job descriptions, job specifications, or job duties,
or, in any manner, attempt to control, supervise, train, or direct
12/1/93 6
any SHERIFF'S DEPUTY(IES) in the performance of any SHERIFF'S
DEPARTMENT duty or obligation under the terms of this Agreement.
10. The CITY shall not assign, delegate, contract,
subcontract or otherwise, transfer, promise, commit, or loan any
SHERIFF'S DEPARTMENT or SHERIFF'S DEPUTY(IES) services, duties, or
obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind. In the
event that the CITY perceives the need for any SHERIFF'S
DEPUTY(IES) services beyond those SHERIFF'S DEPUTY(IES) services
contracted for in SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED,
due to some unusual circumstance (i.e., fairs, festivals, concerto,
etc.), the CITY shall address such concerns to the SHERIFF as
provided for in Paragraph 4 above. Furthermore, should the CITY be
reimbursed by any person, corporation, or other entity for any
SHERIFF'S DEPARTMENT or SHERIFF'S DEPUTY(IES) services under the
terms of this Agreement, the CITY shall promptly notify the
SHERIFF'S DEPARTMENT, in writing, as provided for in Paragraph 17
below.
11. The CITY agrees to promptly notify and/or provide the
SHERIFF with any information that may come into its knowledge or
possession regarding any act contrary to the terms and conditions
of this Agreement, or any other questionable act(s) or omission(s),
or any allegation of same, by any SHERIFF'S DEPUTY(IES). The CITY
also agrees that it shall promptly deliver to the SHERIFF written
notice and copies of any complaint(s), charge(s), or any other
accusation(s) or allegation(s) of wrongdoing, whether civil or
criminal in nature, that the CITY becomes aware of regarding any
SHERIFF'S DEPUTY(IES). The CITY agrees to cooperate with the
SHERIFF'S DEPARTMENT in any investigation conducted by the SHERIFF
into the character and/or fitness of any SHERIFF'S DEPUTY(IES).
12. The SHERIFF'S DEPARTMENT shall be solely and exclusively
responsible for providing SHERIFF'S DEPUTY(IES) with all necessary
tools, automobiles, radios, communications equipment, firearms, and
any and all other equipment that the SHERIFF'S DEPARTMENT, in its
sole judgment, deems required or beneficial for the completion of
any SHERIFF'S DEPARTMENT'S duty under the terms of this Agreement.
The SHERIFF'S DEPARTMENT shall also be solely and exclusively
responsible for any and all SHERIFF'S DEPUTY(IES) business
expenses, licenses, taxes, uniform or equipment costs,
insurance(s), supplies, etc., except that any stationery, notices,
forms, CITY ordinance appearance tickets, etc., which are required
to bear the name of the CITY, shall be supplied to the SHERIFF'S
DEPARTMENT by the CITY at the CITY's sole cost and expense. In the
event that the CITY desires any special or additional personal
property or equipment (i.e., cellular telephones, beepers, personal
items or equipment, portable computers, automobiles, motorcycles,
etc.) be provided, at CITY expense or otherwise, to any SHERIFF'S
DEPUTY(IES) assigned to the CITY, the CITY shall direct such
requests to the SHERIFF'S DEPARTMENT which shall solely decide
12/1/93 7
whether such personal property or special equipment shall be
provided. Any and all such additional personal property, portable
or individual use equipment or property, and/or any special
equipment, to be provided by the CITY, shall be provided directly
and exclusively to the SHERIFF'S DEPARTMENT, and then ONLY pursuant
to a separate written lease agreement between the CITY and the
COUNTY. As intended by this Paragraph, and elsewhere in this
Agreement (e.g., Paragraph 7 above) no personal property, supplies,
or other equipment, nor the use thereof, shall be provided or made
available by the CITY directly to any SHERIFF'S DEPUTY(IES), except
through a written lease as provided for in the previous sentence.
This written lease requirement shall become effective March 1,
1994, and on that date any of the above-described personal property
not covered by a written lease, as required herein, shall be
promptly returned to the CITY.
13. Except as otherwise provided beLow, the COUNTY agrees to
defend, indemnify and hold the CITY or any CITY OFFICIAL (as
defined in Paragraph 13(b) below) harmless from any and all civil
claims, civil actions, civil suits, or civil proceedings (together
with all reasonable and directly related and resulting costs,
expenses, damages, and liabilities) which are brought against the
CITY or any CITY OFFICIAL by any person other than the COUNTY or
SHERIFF, or any SHERIFF'S DEPUTY(IES) that the CITY or any CITY
OFFICIAL both incurred and/or becomes legally obligated to pay,
which are based upon or resulted from any alleged negligent or
intentionally tortious act(s) or omission(s) of any SHERIFF'S
DEPUTY(IES), which act or omission occurred while said SHERIFF'S
DEPUTY(IES) was acting to fulfill any SHERIFF'S DEPARTMENT
obligation or responsibility as described and limited by this
Agreement. The COUNTY, however, shall have no obligation to the
CITY or any CITY OFFICIAL under this Paracraph in any civil claim,
civil action, or civil suit by any CITY OFFICIAL or CITY AGENT (as
defined in Paragraph 13(b) below) for any element of loss or
damages by the CITY OFFICIAL or CITY AGENT for any 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, 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 CITY OFFICIALS or any CITY
AGENT status as an officer, employee or agent of the CITY or any
alleged intentional tort, infliction of emotional distress, or any
alleged violation of any CITY OFFICIAL or CITY AGENT statutory,
contractual, or constitutional rights by the CITY or any CITY
OFFICIAL or any CITY AGENT.
a. The CITY also agrees to defend, indemnify and hold the
COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL (as defined in
Paragraph 13(b) below) harmless from any and all civil claims,
12/1/93 8
civil actions, civil suits, or civil proceedings (together
with all reasonable and directly related and resulting costs,
expenses, damages, and liabilities) which are brought against
the COUNTY, the SHERIFF, and/or eny COUNTY OFFICIAL (as
defined in Paragraph 13(b) below) by any person other than the
CITY, the SHERIFF, any COUNTY OFFICIAL (as defined in
Paragraph 13(b) below) and/or any SHERIFF'S DEPUTY(IES), that
the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL (as
defined in Paragraph 13(b) below) incurred and/or becomes
legally obligated to pay, which are based upon or resulted
from any alleged negligent or intentional tortious act(s) or
omission(s) of any CITY OFFICIAL or CITY AGENT.
b. As used in this Agreement, CITY OFFICIAL shall be defined
to include any and all CITY representatives elected by popular
vote to a CITY office or such persons appointed, pursuant to
state law, to fill a vacant elected office pending an
election, and those individual CITY employees or agents whose
specific job responsibilities mandate the enforcement of state
statutes Cr local ordinances such as the Fire Marshall,
Engineering or Housing Inspector, Ordinance Officer, or
Weighmaster. CITY AGENT shall be defined to include any and
all CITY employees, managers, departments, divisions,
volunteers, agents, representatives, predecessors, successors,
attorneys, or auditors, other than CITY OFFICIALS as defined
above (whether such persons act, or acted, in their personal,
representative, or official capacities), and/or any and all
persons acting by, through, under, or in concert with any of
them. COUNTY OFFICIAL shall be defined to include any and all
COUNTY representatives elected by popular vote to a COUNTY
office or such persons appointed, pursuant to state law, to
fill a vacant elected office pending an election. As defined
and used in this Paragraph CITY OFFICIAL, CITY AGENT, COUNTY
OFFICIAL, SHERIFF, AND SHERIFF'S DEPUTY shall include any
person who at the time of their alleced injury which resulted
in any civil claim or suit described in this Paragraph was
either a CITY OFFICIAL, CITY AGENT, COUNTY OFFICIAL, SHERIFF,
or SHERIFF'S DEPUTY but, for any reason, is no longer employed
in that capacity.
c. Under the terms of this Agreement, neither the COUNTY nor
the CITY shall be required or obligated to defend, indemnify,
and/or hold any party, the officials or agents of any party,
and/or any person, harmless in any criminal investigation,
criminal case, criminal prosecution or criminal proceeding, or
pay any costs, expenses, fines, damages, or liabilities of any
kind whatsoever which are incurred in or result from any
criminal investigation or prosecution.
d. It is neither the intent of the COUNTY nor the CITY that
this hold harmless or indemnification provision, or any other
provision of this Agreement, shall inure, either directly or
12/1/93 9
indirectly, to the benefit of any person or party other than
the COUNTY, the CITY, the SHERIFF, any CITY OFFICIAL , and any
COUNTY OFFICIAL, as defined and provided for herein, and that
this Agreement neither intends nor creates any COUNTY or CITY
obligation, promise, benefit, and/or right to be indemnified,
or any right of any third person, party, or organization, to
be contractually, legally, equitably, or otherwise subrogated
to any indemnification right provided under the terms of this
Agreement.
14. Subject to Paragraph 16 below, this Agreement shall
become effective on January 1, 1994, and shall remain in effect
continuously until it expires at 11:59 p.m. on December 31, 1995.
Either the COUNTY, the SHERIFF, or the CITY may terminate this
Agre e ment, prior to its December 31, 1995 expiration, upon written
notification to all others at least ninety (90) days prior to the
proposed termination date, which date shall be clearly stated in
this same written notice.
15. In the event that the CITY wishes to enter into a new
agreement for law enforcement services upon the expiration of this
Agreement, it will notify the SHERIFF'S DEPARTMENT in writing by
November 1, 1995. In the event that the CITY terminates this
Agreement or elects not to enter into a subsequent agreement
because it decides to establish its own police department, the CITY
agrees to consider for employment in its police department any
SHERIFF'S DEPUTY(IES) who may be laid off by the SHERIFF'S
DEPARTMENT as a result of this decision, but in no event shall the
CITY be obligated to hire any such SHERIFF'S DEPUTY(IES).
16. 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 CITY COUNCIL. The
approval and terms of this Agreement shall be entered into the
official minutes and proceedings of the COUNTY Board of
Commissioners and CITY COUNCIL and shall also be filed with the
office of the Clerk for the COUNTY and the CITY. In addition, this
Agreement, and any subsequent amendments, shall be filed with the
Secretary of State for the State of Michigan by the SHERIFF'S
DEPARTMENT, and shall not become effective or implemented prior to
its filing with the Secretary of State.
17. The parties shall send, by regular mail, all
correspondence and notices required or permitted by this Agreement
to each of the signatories of this Agreement, or their successors
in office, to the addresses shown in this Agreement.
18. This Agreement is neither intended to, nor shall it be
interpreted to, create, change, modify, supplement, supersede, or
otherwise affect or control, in any manner, or at any time, the
terms or conditions of employment of any SHERIFF'S DEPUTY(IES) with
the SHERIFF'S DEPARTMENT, any applicable SHERIFF'S DEPARTMENT
12/1/93 10
employment and/or union contract, and/or any SHERIFF'S DEPARTMENT
rule(s), regulation(s), hours of work, shift assignment, order(s),
policy(ies), procedure(s), directive(s), ethical guideline(s),
etc., which shall, solely and exclusively, govern and control the
employment relationship between the SHERIFF'S DEPARTMENT and any
SHERIFF'S DEPUTY(IES) and/or the conduct and actions of any
SHERIFF'S DEPUTY(IES). To illustrate, but not otherwise limit,
this Agreement does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to
either continue or revoke the deputization of any SHERIFF'S
DEPUTY(IES), or any other person, who in the SHERIFF's sole
judgment, he does not believe is qualified or otherwise fit to
be a SHERIFF'S DEPUTY(IES).
b. The SHERIFF'S DEPARTMENT'S, subject only to its
collective bargaining Agreements, sole and exclusive right,
obligation, responsibility, and discretion to employ,
compensate, assign, re-assign, transfer, promote, reclassify,
discipline, demote, layoff, furlough, discharge any SHERIFF'S
DEPUTY(IES) and/or pay any and all SHERIFF'S DEPUTY(IES)
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(IES) with the SHERIFF'S DEPARTMENT.
c. The SHERIFF'S sole and exclusive right, obligation, and
responsibility to determine, establish, modify, or implement
any and all operational policies, procedures, orders, rules,
regulations, ethical guidelines, and/or any other judgment,
policy or directive which, in anyway, governs or controls any
activity of any SHERIFF'S DEPUTY(IES), any necessary SHERIFF'S
DEPUTY(IES) training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, any
level(s) of experience, training, or education required, for
any SHERIFF'S DEPUTY(IES) performing any SHERIFF'S DEPARTMENT
duty or obligation under the terms of this Agreement.
19. The COUNTY and the SHERIFF acknowledge that this
Agreement is neither intended to, nor shall it be interpreted so as
to change or alter, in any way, any constitutional, statutory,
contractual, or other legal right, responsibility, relationship, or
duty of office of the COUNTY Board of Commissioners or the SHERIFF.
The COUNTY and the SHERIFF further acknowledge and agree that this
Agreement is neither intended to, nor shall it be interpreted so as
to create, grant, modify, supersede, alter, or change, in any
manner or form, any right, privilege, benefit, or any other such
term or condition of employment, of any kind or nature whatsoever,
in, upon, or for any SHERIFF'S DEPUTY(IES) or any SHERIFF'S
12/1/93 11
DEPUTY(IES)'s agent(s), representative(s), union(s), or the
successor(s) or assign(s) of any of them.
20. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced and
governed under the laws of the State of Michigan. The language of
all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not construed strictly
for or against any party. As used in this Agreement, the singular
or plural number, the possessive or non -possessive, shall be deemed
to include the other whenever the context so indicates or requires.
21. Absent an express written waiver, the failure of any
party to pursue any right granted under this Agreement shall not be
deemed a waiver of that right in regard to any existing or
subsequent breach or default under this Agreement. 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.
22. The COUNTY, the SHERIFF, and the CITY each agree that
this Agreement shall be binding upon each of them and, to the
extent permitted by law, upon their administrators,
representatives, executors, successors anc assigns, and all persons
acting by, through, under, or in concert with any of them.
23. This Agreement, consisting of seventeen (17) pages,
including all of the attached SCHEDULE(S) referred to previously
herein, sets forth the entire Agreement between the SHERIFF'S
DEPARTMENT and the CITY with regard to providing law enforcement
and/or SHERIFF'S DEPUTY(IES) services to the CITY, and fully
supersedes any and all prior agreements or understandings between
them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are
contractual and are not a mere recital and that there are no other
agreements, understandings, or representations between the
SHERIFF'S DEPARTMENT and the CITY in any way related to the subject
matter hereof, except as expressly stated herein. This Agreement
shall not be changed or supplemented orally. This Agreement may be
amended only by concurrent resolutions of the COUNTY Board of
Commissioners and the CITY COUNCIL in accordance with the
procedures set forth in Paragraph 16 above.
24. For and in consideration of the mutual promises,
representations, and agreements set forth in this Agreement, and
for other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the COUNTY, the SHERIFF, and the
CITY hereby agree and promise to be bound by the terms and
provisions of this Agreement.
12/1/93 12
ff./
8e/,-,a Ai. /Pr ct.4,4,7A(iqj Mayor, City of Rochester Hills
By:
LLIE M.I IRELAZ
V411,J4:4" LE5C-1&.
And
By: A
KEITH SAWDON
Clerk, City of Rochester Hills
COUNTY OF OAKLAND, a Michigan
Constitu.tional Corporation - 2
61.4,
RRY
Board
12/1/93 13
IN WITNESS WHEREOF, BILLIE M. IRELAND, Mayor, for the CITY,
hereby acknowledges that she has been authorized by a resolution of
the CITY COUNCIL (a certified copy of which is attached) to execute
this Agreement on behalf of CITY, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of
Michigan, and hereby accepts and binds the CITY to the terms and
conditions of this Agreement on this /7 01 day of .Pc cemb c r
1993.
WITNESSES: CITY OF ROCHESTER HILLS,
a Michigan Municipal Corporation
IN WITNESS WHEREOF, LARRY P. CRAKE, 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, a Michigan
Constitutional and Municipal Corporation and political subdivision
of the State of Michigan, and hereby accepts and binds the County
of Oakland to the terms and conditions of the Agreement on this
304 11 day of De4.724,ALeK , 1993.
WIT
JOHN F. NICHOLS,
-?›.eakland County Sheriff
IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity
as the Oakland County Sheriff, aMichigan Constitutional Officer,
hereby accepts and binds the Office of the Oakland County Sheriff
to the terms and conditions of this Agreement on this 304-1 day of
13 c crAef, , 1993.
12/1/93 14
$2,724.50 each $2,841.54 each
$2,236.35 each $2,336.38 each
Resolution amended on 03/10/94 to substitute a - new page 15 for this page in the
Law Enforcement Agreement
OAKLAND COUNTY SHERIFF'S DEPARTMENT
1994 - 1995 LAW ENFORCEMENT AGREEMENT
WITH THE CITY OF ROCHESTER HILLS
SCHEDULE A - SHERIFFS DEPUTY(IES1 CONTRACTED
NUMBER(S) OF SHERIFF'S
DEPUTY(IES) CONTRACTED
FOR AND TO BE ASSIGNED
ONE (1)
FIVE (5)
ONE (1)
TWENTY-EIGHT (28)
THREE (3)
EIGHT (8)
TWO (2)
RANK(S) OF SHERIFF'S
DEPUTY(IES) TO BE
TO BE ASSIGNED
LIEUTENANT
PATROL SERGEANT
DETECTIVE SERGEANT
PATROL DEPUTY II
PATROL DEPUTY II
(NO VEHICLE)
PATROL INVESTIGATOR
PATROL DEPUTY I
BI-WEEKLY
CHARGE TO
TOWNSHIP IN 1994
$3,360.85 each
$3,157.23 each
$3,124.35 each
$2,757.33 each
$2,488.42 each
BI-WEEKLY
CHARGE TO
TOWNSHIP IN 1995
$3,503.65 each
$3,296.50 each
$3,258.46 each
$2,879.58 each
$2,603.69 each
NOTE: No Trainees shall be assigned by the SHERIFF'S DEPARTMENT to perform the duties of any SHERIFF'S
DEPUTY(IES) contracted for and assigned to perform law enforcement services under the terms of this Agreement.
15
CAPTAIN
LIEUTENANT
INCLUDED INCLUDED
OPTIONAL'
NOT
ELIGIBLE
NOT
INCLUDED
NOT
ELIGIBLE
NOT YES
INCLUDED
NO
01 YES
II It YES
It I. YES
NO PATROL DEPUTY II
(WITH FILL-IN)
INCLUDED INCLUDED INCLUDED
NOT NOT NOT
INCLUDED INCLUDED INCLUDED
YES PATROL DEPUTY ll
YES PATROL DEPUTY II
(NO VEHICLE)
II It
II YES PATROL DEPUTY I II H
SCHEDULE 6 - HOLIDAY PAY
REGULAR
HOLIDAY
PAY
REGULAR
HOLIDAY
PAY/NOT
WORKED!
HOLIDAY ADDITIONAL
OVERTIME' OVERTIME CHARGE
PATROL
SERGEANT
DETECTIVE
SERGEANT
PATROL INVESTIGATOR
NOTE As used above "INCLUDED" or "NOT INCLUDED" refers to whether, or not, these Costs have been included
into the Bi-Weekly Charges shown in SCHEDULE A - SHERIFFS DEPUTY(IES) CONTRACTED
1 Bilied at Hourly Regular Rate, (SCHEDULE C - HOURLY RATES)
Included 5 Paid Leave Days in Lieu of 3 Holidays. In December
communities with No-Fill Deputies (I & II's) will be charged for 2
days (16 hours) at the Hourly Regular Rate.
2 Billed at Hourly Overtime Rate Shown in SCHEDULE C - HOURLY
RATES.
3 Depends on Holiday Schedule, Individual Work Schedule, and
Collective Bargaining Agreement.
16
LIEUTENANT
PATROL
SERGEANT
DETECTIVE
SERGEANT
PATROL INVESTIGATOR
PATROL DEPUTY II
(WITH FILL-IN)
PATROL DEPUTY II
PATROL DEPUTY II
(NO VEHICLE)
SCHEDULE C - HOURLY RATES
CAPTAIN
HOURLY
REGULAR
RATE
IN 1994
DOES NOT
APPLY
$30.63
$28.37
$28.37
$23.66
$23.66
$23.66
$23.66
HOURLY
REGULAR
RATE
IN 1995
DOES NOT
APPLY
$31.55
$29.23
$29.23
$24.37
$24.37
$24.37
$24.37
HOURLY
OVERTIME
RATE
IN 1994
DOES NOT
APPLY
$45.95
$42.56
$42.56
$35.49
$35.49
$35.49
$35.49
HOURLY
OVERTIME
RATE
IN 1995
DOES NOT
APPLY
$47.33
$43.84
$43.84
$36.55
$36.55
$36.55
$36.55
PATROL DEPUTY I $17.51 $18.03 $26.27 $27.05
Resolution #94033 February 10, 1994
The Chairperson referred the resolution to the Personnel and Finance
Committees. There were no objections.
- March 10, 1994
FISCAL NOTE (Misc. #94033)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - REORGANIZATION OF LAW ENFORCEMENT
PATROL SERVICES CONTRACT - CITY OF ROCHESTER HILLS,
MISCELLANEOUS RESOLUTION #94033
To The Oakland County Board Of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #94033 and finds:
1) The City of Rochester Hills wishes to change the configu-
ration of their contract, the Sheriff is in agreement
with these changes.
2) The changes will involve the following;
a) Downgrade one (1) Captain position to a Sergeant.
b) Downgrade one (1) Lieutenant position to a Sergeant.
c) Upgrade two (2) Deputy I positions to Deputy II
positions.
d) Change two (2) contracts from Deputy II, No Fill/No
Vehicle to Deputy II, No Fill/With a Vehicle.
e) This will require one (1) additional vehicle to be
added to the County fleet and to be assigned to
Rochester Hills.
3) The 1994/1995 Adopted Budget will be amended to show an
increase in the Sheriff's revenues and expenditures of
$21,934 in 1994 and $22,992 in 1995, as outlined on
Schedule A.
4) An amendment is included to transfer $23,644 form the
General Fund Contingency account to the Motor Pool, Radio
Communications, and Computer Services Funds for capital
purchases of one vehicle, radio, and in-car terminal; the
budgets for those funds are amended ar detailed on
Schedule B.
5) This contract has been through the County Executive's
contract review process and that all departments have
approved the contract.
FINANCE COMMITTEE
SheriWs Department
Contract with the City of Rochester Hills
1994/1995 Budget Amendment
25-Feb-94
Schedule A
1994 Change in Revenue/Expense, Budget Adjustment
Current
Annual
Rate Proposed
Annual Net
Rate Effect
Patrol Sergeant
Patrol Sergeant
Deputy II W/O Fill
Deputy ll W/O Fill
Deputy ll W/O Fill
Deputy II W/O Fill
Captain
Lieutenant
Deputy I
Deputy I
Deputy II W/O Fill & Vehicle
Deputy II W/O Fill & Vehicle
Totals
$95,940
$87,382
$58,145
$58,145
$64,699
$64,699
$429,010
$82,088 ($13,852)
$82,088 ($5,294)
$71,692 $13,547
$71,692 $13,547
$71,692 $6,993
$71,692 $6,993
$450,944 $21,934
1995 Change in Revenue / Budget Adjustment
Annual
Rate Proposed Current
Annual Net
Rate Effect
Patrol Sergeant
Patrol Sergeant
Deputy II W/O Fill
Deputy II W/O Fill
Deputy II W/O Fill
Deputy II W/O Fill
Captain
Lieutenant
Deputy I
Deputy I
Deputy II No Fill/No Vehicle
Deputy II No Fill/No Vehicle
Totals
$99,923
$91,095
$60,746
$60,746
$67,696
$67,696
$447,902
$85,709 ($14,214)
$85,709 ($5,386)
$74,869 $14,123
$74,869 $14,123
$74,869 $7,173
$74,869 $7,173
$470,894 $22,992
1994
Budget
Amendment
1995
Budget
Amendment Description
Total Transfers
Total General Fund Expenses
21,934 22,992
Salary
Overtime
Salary Other
Fringes
Uniform Cleaning
Uniform Replacement
Deputy Supplies
In-Car Terminals
Radio Rental
Leased Vehicles
Equipment Rental
Liability Insurance
4,552 4,785
0
0 0
2,993 3,220
0
0 0
0 0
0 0
(1,298) (1,420)
14,715 15,435
972 972
0
Dispatch
Contingency
Motor Pool Transfer -Operating
Radio Transfer
Computer Transfer
(23,644)
15,848
4,296
3,500
0
21,934
0
0
0
0
0
--
22,992
Sheriff's Department
Contract with the City of Rochester Hills
1994/1995 Budget Amendment
25-Feb-94
Schedule B
1994 Budget Adjustment
Account Number
General Fund
1) Adjustments for Operating Expenses:
Revenues
3-10100-436-01-00-2605 $21,934 $22,992 Special Deputies
Expenditures
4-10100-436-18-00-1001
4-10100-435-18-00-1002
4-10100-436-18-00-1014
4-10100-432-18-00-2074
4-10100-432-01-00-3772
4-10100-432-01-00-3774
4-10100-432-01-00-4820
4-10100-432-01-00-6364
4:10100-432-01-00-6600
4-10100-432-01-00-6610
4-10100-432-01-00-6640
4-10100-432-(" -00-6735
Operational Support
Total Sheriff Department Expenses
2) Adjustments for Capital Transfers:
From
4-10100-909-01-00-9900
To
4-10100-436-01-00-8665
4-10100-436-01-00-5675
4-10100-436-01-00-5615
• -
Sheriffs bepartment
Contract with the City of Rochester Hills
199411995 Budget Amendment
Schedule B - Page 2
Motor Pool Fund
Revenues
3-66100-138-11-00-8101 Operating Transfer in General Fund 15,848 0
Expense
3-66100-138-11-00-4904 Patrol Car Expense 15,848 0
1-66100-455-001 Revenue 0/(U) Expense 0
Radio Communications Fund
Revenues
3-66100-138-40-00-5101 Transfer in / G.F. 4,296 0
3-66100-138-40-00-2295 Leased Equipment 973 1,065
Subtotal 5,269 1,065
Expenditures
3766100-138-40-00-3304 Depreciation 973 1,065
Total Expenses 973 1,065
1-66100-455-001 Revenue 0/(U) Expense 4,296 0
Computer Services In-Car Terminal Fund
Revenues
3-66100-138-01-00-5101 Transfer in / G.F. 3,500
3-66100-138-01-00-2295 Leased Equipment 1,000 1,000
Total Revenues 4,500 1,000
Expenditures
3-66100-138-01-00-3304 Depreciation 875 875
3-66100-138-01-00-3701 Software Rental 125 125
Total Expenses 1,000 1,000
1-66100-455-001 Revenue 01(U) Expense 3,500 0
2/24/94 15
Resolution amended on 03/10/94
Substitute this page 15 in the
Law Enforcement Agreement
OAKLAND COUNTY SHERIFF'S DEPARTMENT
1994 - 1995 LAW ENFORCEMENT AGREEMENT
WITH THE CITY OF ROCHESTER HILLS
SCHEDULE A - SHERIFFS DEPUTY(IES) CONTRACTED
NUMBER(S) OF SHERIFF'S
DEP UTY(I ES) CONTRACTED
FOR AND TO BE ASSIGNED
ONE (1)
FIVE (5)
ONE (1)
THIRTY-TWO (32)
ONE (1)
EIGHT (8)
RANK(S) OF SHERIFF'S
DEPUTY(IES) TO BE
TO BE ASSIGNED
LIEUTENANT
PATROL SERGEANT
DETECTIVE SERGEANT
PATROL DEPUTY ll
PATROL DEPUTY II
(NO VEHICLE)
PATROL INVESTIGATOR
BI-WEEKLY
CHARGE TO
TOWNSHIP IN 1994
$3,360.85 each
$3,157.23 each
$3,124.35 each
$2,757.38 each
$2,488.42 each
$2,724.50 each
BI-WEEKLY
CHARGE TO
TOWNSHIP IN 1995
$3,503.65 each
$3,296.50 each
$3,258.46 each
$2,879.58 each
$2,603.69 each
$2,841.54 each
NOTE: No Trainees shall be assigned by the SHERIFF'S DEPARTMENT to perform the duties of any SHERIFF'S
DEPUTY(IES) contracted for and assigned to perform law enforcement services under the terms of this Agreement.
'74
Resolution #94033 March 10, 1994
Moved by Obrecht supported by Garfield the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Garfield the resolution be amended to add the
following BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the contract be revised in accordance with the
City of Rochester Hills request per the attached revised Page 15 of the Law
Enforcement Contract with the City of Rochester Hills.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Oaks. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of OaklancL, 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 March 10, 1994 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 10th day .y24arck..1994.
Lyti D. Allen, County Clerk
REPORT (Misc. #94035) March 10, 1994
BY: Personnel Committee - Marilynn Gosling, Chairperson
RE: Misc. Res. #94035 - GYPSY MOTH SUPPRESSION PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced
Public Services Committee resolution on March 2, 1993, reports with
the recommendation that the resolution be adopted with the
following changes.
To add a paragraph after the paragraph which begins NOW
THEREFORE BE IT RESOLVED to read:
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners:
-creates a new classification titled Gypsy Moth
Coordinator at salary grade 11, regular overtime,
-creates a new unit within Public Services/Cooperative
Extension titled Gypsy Moth Suppression Program (17502),
-creates one governmental position within this
classification in the new unit funded part-time eligible,
1500 hrs/yr.
Add a final BE IT FURTHER RESOLVED PARAGRAPH to read:
BE IT FURTHER RESOLVED that the personnel costs of the Gypsy
Moth Coordinator Position be paid by County funds, unless said
costs are paid through State grants.
Chairperson, on behalf of the Personnel Committee, I move the
acceptance of the foregoing report.
PERSONNEL COMMITTEE
PUBLIC SERVICES [CES
February 10, 1994 '
MISCELLANEOUS RESOLUTION #94035
BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON
IN RE: GYPSY MOTH SUPPRESSION PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Gypsy Moth Suppression Program was approved by the
Board of Commissioners re: Miscellaneous Resolution #93210 1
December 9, 1993; and
WHEREAS Oakland County is a participant in the 1994 Michigan
Cooperative Gypsy Moth Suppression Program (1994 M.C.G.M.S.P.); and
WHEREAS the Townships of Avon, Bloomfield, Farmington,
Southfield, and West Bloomfield have committed 4,400 acres to be
eligible for the 1994 M.C.G.M.S.P.; and
WHEREAS the Oakland County Gypsy Moth Coordinator will work in
collaboration with the Michigan Department of Agriculture in
bidding out the areas to be treated for aerial application of
Bacillus thuringiensis (Bt) through the State program; and
WHEREAS Oakland County will be required to pay for the
treatment as a part of being eligible to receive 50% and 25%
reimbursement eligibility per the 1994 M.C.G.M.S.P. procedures; and
WHEREAS the above mentioned communities have submitted 4,400
qualifying acres for the program in early May, 1994.
NOW THEREFORE BE IT RESOLVED that the Public Services
Committee having reviewed the above recommends the creation of a
fund account in the amount of $162,000 for the purpose of the
following:
Aerial Spraying (4,400 acres @ $30/acre) $132,000
Consultant - Admin. (1500 hrs. at $18/hr.) 27,000
Consultant - Operating Exp. 3,000
Total $162,000
BE IT FURTHER RESOLVED that the County Executive be authorized
to sign contracts involved with the Gypsy Moth Suppression Program,
subject to review by the Contract Review Process.
BE IT FURTHER RESOLVED that the Gypsy Moth Coordinator will
submit appropriate documentation to the Michigan Department of
Agriculture and obtain reimbursement from the State of Michigan.
BE IT FURTHER RESOLVED that local municipalities will be
billed the additional cost of administration for the program, as
well as aerial spray costs not reimbursed by the Michigan Gypsy
Moth Suppression Program.
Chairperson, on behalf of the PublLc Services Committee, I
move the adoption of the foregoing resolution.
i:\lave\coop\gypsymth.res
8
Reimbursements-General $101,250
Revenue Sharing Loss
Salaries
Fringe Benefits
Professional Services
Personal Mileage
Travel & Conference
Office Supplies
Postage
Convenience Copier
Stationery Stock
Print Shop
Telephone Communications
Total Expenses
($73,334)
23,520
16,064
132,000
400
300
200
500
300
250
600
450
$101,250
March 10, 1994
_FISCAL NOTE (Misc. #94035)
FINANCE COMMITTEE, JOHN 12..mccuLLocH, CHAIRPERSON
IN RE: GYPSY MOTH SUPPRESSION PROGRAM'
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Board Rules XI-G of this Board, the Finance Committee
has reviewed Miscellaneous Resolution #94035 and finds:
1) The Gypsy Moth Suppression Program was approved by the Board of
Commissioners on December 9, 1993 by Miscellaneous Resolution
#93210.
2) A Gypsy Moth Coordinator will work in collaboration with the
Michigan Department of Agriculture in bidding out areas to be
treated for aerial application of Bacillus thuringiensis (Bt)
through the State program and submit appropriate documentation
to the State to obtain reimbursement.
3) The County is required to pay for the treatment, with a 25% to
50% reimbursement from the state, based on eligibility per the
1994 M.C.G.M.S.P. procedures.
4) The Cities of Bloomfield Hills, Farmington Hills and Orchard
Lake; Villages of Franklin, Bingham Farms and Beverly Hills;
Township of West Bloomfield have committed 4,400 acres to be
eligible for the program.
5) The County Executive has been requested by the Public Services
Committee to sign contracts involved with the Gypsy Moth
Suppression Program.
6) The local municipalities will be billed for the additional cost
(excluding personnel cost of Gypsy Moth Coordinator) of the
Michigan Gypsy Moth Suppression Program.
7) Total cost for the 1994 Gypsy Moth Suppression Program is
$174,584. Of the total cost, $39,584 is for salaries and
fringe benefits for the Gypsy Moth Coordinator, which will be
fully funded by the County. The remaining $135,000 is
anticipated to be shared by the State (25%), Co.inty (25%), and
local municipalities (50%). Therefore, the total cost of the
program is allocated as follows:
State $ 33,750
County 73,334
Local Units 67,500
Total $174,584
The following budget amendments are recommended:
REVENUES:
3-10100-175-01-00-2520
EXPENDITURES:
4-10100-909-01-00-3055
4-10100-175-02-00-1001
4 -10100-175-02-00-2075
4-10100-175-02-00-3128
4-10100-175-02-00-3574
4-10100-175-02-00-3752
4-10100-175-02-00-4898
4-10100-175-02-00-4909
4-10100-175-02-00-6641
4 -10100 -175-02-00-6670
4-10100-175-02-00-6672
4-10100-175-02-00-6750
FINANCE COMMITTEE
i:\lave\coop\gypsymth.fn2
March 10, 1994 Resolution #94035
Moved by Obrecht supported by Schmid the 3ersonnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Schmid the resolution be amended to coincide
with the Personnel Committee Report.
A sufficient majority having voted therefor, the motion to amend carried.
Moved by McCulloch supported by Schmid the resolution be amended by changing
the third WHEREAS paragraph to read:
"WHEREAS the Cities of Bloomfield Hills, Farmington Hills, Orchard Lake;
Villages of Franklin, Bingham Farms and Beverly Hills; Township of West
Bloomfield have committed 4,400 acres to be eligible for the 1994
M.C.G.M.S.P.; and"
and also to amend the NOW THEREFORE BE IT RESOLVED paragraph to read:
"NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the implementation of the Gypsy Moth Suppression Program for 1994 for
a total cost not to exceed $174,584."
A sufficient majority having voted therefor, the motion to amend carried.
Discussion followed.
Moved by Douglas supported by Obrecht the resolution be amended by adding an
additional BE IT FURTHER RESOLVED paragraph which reads:
"BE IT FURTHER RESOLVED that Oakland County expects the communities to
ultimately fund the cost of the co-ordinator. This funding is for 1994 only
and future funding by the county will be reviewed by the Board of
Commissioners for the 1995 budget year."
Discussion followed.
Vote on Douglas's amendment:
A sufficient majority having voted therefor, the motion to amend carried.
Vote on resolution, as amended:
AYES: Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht. (22)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution, as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 March 10, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and ixed the seal of„.the
County of Oakland at Pontiac, Michigan this 10th day o) 11 archma4.2L 311 ./..
l'-4444°P
Lyqg D. Allen, County Clerk