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HomeMy WebLinkAboutResolutions - 1998.03.05 - 25411February 12, 1998 MISCELLANEOUS RESOLUTION #98011 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS new contract rates have been developed for the 60-month period commencing January 1, 1999, through December 31, 2003, consistent with the attached schedule. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1, 1999, through December 31, 2003. Contract 1999 2000 2001 2002 2003 Captain $107,224 $110,292 $113,300 $116,700 $120,199 Lieutenant 96,806 99,690 102,479 105,554 108,720 Patrol Sergeant 91,175 93,864 96,454 99,348 102,328 Det. Sergeant 90,131 92,815 95,431 98,295 101,244 Dep II(w/fill) 91,281 93,976 96,566 99,462 102,444 Dep II(no-fill) 80,699 83,076 85,340 87,899 90,534 Dep II(no-fill/ no vehicle) 73,237 75,434 77,698 80,028 82,427 Patrol Inv. 79,655 82,027 84,317 86,486 89,450 Dep I(no-fill) 65,148 67,073 68,871 70,939 73,065 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board, Sheriff and County Executive to sign agreements for Law Enforcement Services at these established standard rates. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Resolution #98011 February 12, 1998 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #98011) March 5, 1998 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES - JANUARY 1, 1999 THROUGH DECEMBER 31, 2003 TO OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced resolution and finds that the effect of the rate adjustments will be included in the FY 1999 and FY 2000 County Executive Recommended Budget, no amendments are required at this time. FINANCE COMMITTEE Resolution #98011 March 5, 1998 Moved by Moffitt supported by Powers the resolution be adopted. AYES: Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Millard, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. FOREGOING RESOLUTION xecutive Date HEREBY,XPROV gor Fom L. Brooks Patte • County Executive Date 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 5, 1998 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 5th day qf March (2). Zela, D. Allen, County Clerk OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON This Agreement is made and entered into between the ADDISON TOWNSHIP, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 1440 Rochester Road, Leonard, Michigan 48367 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 3 42 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 4 f2 12 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, pad directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 6 12 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 7 f2 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.5.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 8 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 9 f2 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 10 .f2 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 11 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. . f2 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 12 BY: P. McCULLOCH, Chlailperson, Oakland County Board of Ummissioners BY: F..NIC IN WITNESS WHEREOF, A. ROBERT KOSKI, Supervisor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binre M NICIPALITY to the terms and conditions of this Agreement on this b--42, day of , 1998. ..f2 WITNESSES: éLkL 1/4 \ TOWNSHIP OF ADDISON a Michigan Municipal Corporation BY: C-c L_Zi A. ROBERT KOSKI Supervisor BY: cetri,n/d ) PAULINE BENNETT Clerk IN WITNESS WHEREOF, John P. McCulloch, 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 .Q1UNTY OF OAKLAND to the terms and conditions of the Agreement on this \,Utc n-day of 1998. WITNESS: I dr 41, • 111101k -n a. COUNTY OF OAKLAND, a Michigan Municipal Corporation IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County SIWriff, a Michigan Constitutional Officer,hereby accepts and bindshOUNTY OF 0 LAND to th terms and conditions of the Agreement on this ,...1tvt day of , 1998. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer akland County Sheriff 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 13 f2 • SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant $3,723.31 $3,834.23 $3,941.50 Patrol $3,506.73 $3,610.15 $3,709.77 Sergeant Detective $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy ll 5 $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy II $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy ll $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 5 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 14 Captain INCLUDED INCLUDED Lieutenant OPTIONAL' NOT ELIGIBLE NOT INCLUDED INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED If SCHEDULE B HOLIDAY PAY 12 Rank(s) of Sheriffs Deputies REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME2 ADDITIONAL OVERTIME CHARGES Patrol Sergeant Detective Sergeant Deputy II (wit ill) Deputy ll (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2 Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy ll $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 16 f2 Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 2002 $4,488.46 $4,059.77 $3,821.07 $3,780.58 5 $3,825.46 $3,380.73 $3,078.00 $3,326.38 $2,728.42 5 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY f2 Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy ll (w/fill) Deputy II (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 $3,440.38 $2,810.19 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY ll (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 17 f2 • SCHEDULE HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME 5 OVERTIME CHARGES - NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL6 INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES ., Deputy ll INCLUDED INCLUDED INCLUDED NO (w/fill) Deputy ll II NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II „ . „ ., (no-fill/no- , YES vehicle) .. Patrol ., ,. „ YES Investigator (no-fill) , I Deputy I II I ,. . YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 5Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 18 SCHEDULE HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) • f2 *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWNSHIP OF ADDISON Page 19 • • OAKLAND COUNTY SHERIFF'S DEPARTMENT ; 1999-2003 LAW ENFORCEMENTNIMWREPOIENT City of ROchester Hills ' •; n 1 I? ' This Agreement is made and entered into between 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 is1000 Rochester Hills Drive, Rochester Hills, MI 48309 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY •0 • I , • OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 2 • • 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from O.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 3 • • the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 4 .f2 • • c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 5 ,f2 • • charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 6 .f2 • • MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 7 (2 • • 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 8 • • which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 9 42 • • provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 10 f2 • • regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 11 . f2 • • subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of 19 pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 12 ..f2 • a Michigan Mu WITNESSES: City of Rochester Hills xn. BY: Mayor Beverly A. Idasin Clerk BY: BY: WITNEgS: < OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer r JOHN F. NICHO Oakland County Sheriff IN WITNESS WHEREOF, Kenneth D. Snell, Mayor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this day of , 1998. IN WITNESS WHEREOF, John P. McCulloch, 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 , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation JO Chai of C cCULLOCH, rdon, Oakland County Board missioners IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds Vie COUN OAKLAND to the terms and conditions of the Agreement on this (P day of . 1998. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 13 • • SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFFS of Sheriffs Charge to Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant 1 $3,723.31 $3,834.23 $3,941.50 Patrol 5 $3,506.73 $3,610.15 $3,709.77 Sergeant Detective 1 $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy II $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy ll 33 $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy II 1 $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol 9 $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 50 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 14 Deputy II (w/fill) Deputy II (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) Patrol Sergeant Detective Sergeant Captain INCLUDED INCLUDED Lieutenant OPTIONAL' II U 11 II It II II 11 II II II II II NOT NOT INCLUDED INCLUDED INCLUDED INCLUDED 11 11 NOT INCLUDED NOT ELIGIBLE INCLUDED NOT INCLUDED NOT ELIGIBLE NOT INCLUDED NO YES YES YES NO YES YES YES YES • • SCHEDULE B HOLIDAY PAY Rank(s) of Sheriffs Deputies REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME2 ADDITIONAL OVERTIME CHARGES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 1Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2BiIled at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 15 t2 • • SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 16 • .t2 • SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to DEPUTIES Deputies Municipality Municipality Contracted in 2002 in 2003 Captain $4,488.46 $4,623.04 Lieutenant 1 $4,059.77 $4,181.54 Patrol 5 $3,821.07 $3,935.69 Sergeant Detective 1 $3,780.58 $3,894.00 Sergeant Deputy II $3,825.46 $3,940.15 (wit ill) Deputy II 33 $3,380.73 $3,482.07 (no-fill) Deputy II 1 $3,078.00 $3,170.27 (no-fill/no- vehicle) Patrol 9 $3,326.38 $3,440.38 Investigator (no-fill) Deputy 1 $2,728.42 $2,810.19 (no-fill) TOTAL 50 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 17 v12 • • SCHEDULE B-1 HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME 5 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL6 INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES ., Deputy ll INCLUDED INCLUDED INCLUDED NO (w/fill) Deputy II ,. NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy ll II (no-fill/no- II II II YES vehicle) II Patrol II II II YES Investigator (no-fill) II I Deputy I II I , YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & IVs) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 5Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 18 SCHEDULE CA HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH City of Rochester Hills Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON This Agreement is made and entered into between the CHARTER TOWNSHIP OF BRANDON, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 395 Mill Street, Ortonville, MI 48462 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT', "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as Well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 3 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 4 • c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 6 .12 : MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 8 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENTS statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 9 ..12 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 10 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 11 12 tt2 : . subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 12 3ca/Lex1 792 hietv e L. 10A,e-rhu 72) , iN7 gA,207 (.., Yr2fiz_z ce e BY: SALLY J Clerk BY: PAT ALEXANDER Supervisor BY: . McCULLOCH, person, Oakland County Board mmissioners of .12 • • IN WITNESS WHEREOF, Pat Alexander, Supervisor for the MUNICIPALITY, hereby acknowledges that she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accgpts and bill ads the MUNICIPALITY to the terms and conditions of this Agreement on this A/At day of auteuv,40 , 1998. WITNESSES: CHARTER TOWNSHIP OF BRANDON a Michigan Municipal Corporation IN WITNESS WHEREOF, John P. McCulloch, 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 S rck 'day of 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Ciprporation IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michi an Constitutional Officer,hereby accepts and bindski gDUNTY OF terms 0 LAND to and conditions of the Agreement on this , .ra ay of 1998. d OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer Agi!",, - OHN F. NICHOLS, f! Oakland County Sheriff 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 13 Number(s) of Sheriffs Deputies Contracted 81-Weekly Charge to Municipality in 1999 $4,124.00 $3,723.31 $3,506.73 1 $3,466.58 9 $3,510.81 $3,103.81 $2,816.81 $2,505.69 12 ..f2 • SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY 2 $3,063.65 Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Bi-Weekly Charge to Charge to Municipality Municipality in 2000 in 2001 $4,242.00 $4,357.69 $3,834.23 $3,941.50 $3,610.15 $3,709.77 $3,569.81 $3,670.42 $3,614.46 $3,714.08 $3,195.23 $3,282.31 $2,901.31 $2,988.38 $3,154.88 $3,242.96 $2,579.73 $2,648.88 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFFS DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 14 SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME' OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL3 INCLUDED INCLUDED YES Patrol 11 1 11 11 Sergeant 1 YES Detective Sergeant 11 11 11 YES Deputy II ,. INCLUDED INCLUDED INCLUDED NO (wIfill) Deputy II 11 NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II 11 1 11 (no-fill/no- 11 1 YES vehicle) 11 11 11 Patrol 11 YES Investigator (no-fill) 11 Deputy I 11 11 .. YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the 61-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 15 • SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy ll $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) • *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 16 Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL 2 $3,326.38 $2,728.42 12 $3,440.38 $2,810.19 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fil I) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 2002 $4,488.46 $4,059.77 $3,821.07 Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 1 $3,780.58 9 $3,825.46 $3,380.73 $3,078.00 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY ll (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 17 SCHEDULE BA HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME5 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL6 INCLUDED INCLUDED YES Patrol Sergeant YES - Detective 11 1 Sergeant 1 YES 1. Deputy II INCLUDED INCLUDED INCLUDED NO (w/fill) Deputy II „ NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II „ (no-fill/no- 1/ II ,. YES vehicle) II 11 11 Patrol 11 YES Investigator (no-fill) 1 11 II Deputy I 11 1 YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 5BiIIed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 18 SCHEDULE CA HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy II $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE This Agreement is made and entered into between the CHARTER TOWNSHIP OF COMMERCE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 2840 Fisher Avenue, Commerce Township, Michigan, 48390 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 3 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 4 .6 • f2 • c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 6 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 8 12 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENTS statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 9 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 10 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 11 J.2 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 12 BY: 04 IN WITNESS WHEREOF, Thomas K. Zoner, Supervisor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this day of , 1998. WITNESSES: CHARTER TOWNSHIP OF COMMERCE, a Michigan Municipal Corporation THOMAS K. ZO, Supervisor BY: „/"Z a-4-0,11 4 Stinit-o J 0 6 /e I / Sandra S. Abrams Clerk IN WITNESS WHEREOF, John P. McCulloch, 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 ppUNTY,OF OAKLAND to the terms and conditions of the Agreement on this Arck- day of trc , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation t / TO J0104P. McCULLOCH, ChAirperson, Oakland County Board of Commissioners TNRL\i t . BY: IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sher, a Michigan Constitutional Officer,hereby accepts and binds thOUNTY OF OAKVND,to the terms anckponditions of the Agreement on this 1- day of , 1998. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer JOHN F. NICHOLS, Oakland County Sheriff 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 13 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant 1 $3,723.31 $3,834.23 $3,941.50 Patrol 1 $3,506.73 $3,610.15 $3,709.77 Sergeant Detective $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy ll 9 $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy II 6 $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy II $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol 5 $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I 1 $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 23 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 14 Captain INCLUDED INCLUDED Lieutenant OPTIONAL3 NOT ELIGIBLE NOT INCLUDED INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED SCHEDULE B Rank(s) of REGULAR Sheriffs HOLIDAY Deputies PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY PAY HOLIDAY OVERTIME2 ADDITIONAL OVERTIME CHARGES Patrol Sergeant Detective Sergeant Deputy ll (wit ill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2 Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* fi Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 16 Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 2002 $4,488.46 1 $4,059.77 1 $3,821.07 $3,780.58 9 $3,825.46 6 $3,380.73 $3,078.00 5 $3,326.38 1 $2,728.42 23 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy ll (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 $3,440.38 $2,810.19 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 17 Captain INCLUDED INCLUDED Lieutenant OPTIONAL6 II Patrol Sergeant Detective Sergeant II II II INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED SCHEDULE B-1 Rank(s) of REGULAR Sheriffs HOLIDAY Deputies PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY PAY HOLIDAY OVERTIME6 ADDITIONAL OVERTIME CHARGES Deputy ll (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 18 SCHEDULE C-1 HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy II $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF COMMERCE Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND This Agreement is made and entered into between the CHARTER TOWNSHIP OF HIGHLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 205 N. John Street, P.O. Box 249, Highland, Michigan, 48357 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; - NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional . "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 3 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW . ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNIC4PALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 4 .12 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY'(80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 6 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be . terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or dire* resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associ-ated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF . 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The • MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY Ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S:D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY Pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 8 f2 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the. SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT.. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 9 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31,2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has .a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 10 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 11 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 12 BY: tiLies7- William E. E. Brian Clerk COUNTY OF OAKLAND, a Michigan Municipal Corporatin il 1 WITNESS: JOHN P Chairpe of Corn cPULLOCH, n, Oakland County Board ssioners BY OHN F. NICHOLS, Oakland County Sheriff IN WITNESS WHEREOF, JOHN P. STAKOE, Supervisor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this / / day of , 1998. WITNESSES: CHARTER TOWNSHIP OF HIGHLAND, a Michigan Municipal Corporation 7 . BY: ,1. ) 7=‘,..C4e) JOHN P. STAKOE Supervisor f2 IN WITNESS WHEREOF, John P. McCulloch, 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 tile • COUNTY OF OAKLAND to the terms and conditions of the Agreement on this cm/LiTrsday of .t_13\,ittENsts- , 1998. IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binkthepOUNTY OF 0 I.VOND t the terms and conditions of the Agreement on this day of , 1998. TNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 13 Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL 3 $3,063.65 $2,505.69 15 $3,154.88 $2,579.73 $3,242.96 $2,648.88 12 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy II (no-fill) Deputy ll (no-fill/no- vehicle) Number(s) of Sheriff's Deputies Contracted 11 Bi-Weekly Charge to Municipality in 1999 $4,124.00 $3,723.31 $3,506.73 $3,466.58 $3,510.81 $3,103.81 $2,816.81 Bi-Weekly • Charge to Municipality in 2000 $4,242.00 $3,834.23 $3,610.15 $3,569.81 $3,614.46 $3,195.23 $2,901.31 Bi-Weekly Charge to Municipality in 2001 $4,357.69 $3,941.50 $3,709.77 $3,670.42 $3,714.08 $3,282.31 $2,988.38 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional' cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 14 .12 p SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY • Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME' OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL3 INCLUDED INCLUDED YES Patrol 11 Sergeant YES Detective Sergeant 11 YES Deputy ll II INCLUDED INCLUDED INCLUDED No (w/fill) • Deputy II n NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II II (no-fill/no- II II ,. YES vehicle) . Patrol „ ., „ ,. YES Investigator (no-fill) Deputy I ., „ „ i, YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 16 # SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to • Charge to DEPUTIES Deputies Municipality Municipality Contracted in 2002 in 2003 Captain $4,488.46 $4,623.04 Lieutenant $4,059.77 $4,181.54 Patrol $3,821.07 $3,935.69 Sergeant Detective 1 $3,780.58 $3,894.00 Sergeant Deputy II 11 $3,825.46 $3,940.15 (W/fill) Deputy II $3,380.73 $3,482.07 (no-fill) Deputy II $3,078.00 $3,170.27 (no-fill/no- vehicle) Patrol 3 $3,326.38 $3,440.38 Investigator (no-fill) Deputy I $2,728.42 $2,810.19 (no-fill) TOTAL 15 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 17 NOT ELIGIBLE NOT INCLUDED NOT ELIGIBLE NOT INCLUDED II INCLUDED INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED NOT INCLUDED f2 SCHEDULE B-1 HOLIDAY PAY 11 I. Rank(s) of • Sheriffs Deputies REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME ADDITIONAL OVERTIME CHARGES Captain INCLUDED INCLUDED Lieutenant OPTIONAL6 Patrol Sergeant Detective Sergeant Deputy ll (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 5131Iled at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 18 t2 • • o SCHEDULE HOURLY RATES • Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy II $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE This Agreement is made and entered into between the CHARTER TOWNSHIP OF INDEPENDENCE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 90 N. Main Street, P.O. Box 69, Clarkston, Michigan, 48347 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 3 f2. the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 4 :f2 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 6 :f2 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 8 .*.f2 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 9 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 10 ' f2 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 11 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. f2 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 12 BY: JOHN P Chairpe of Corn idCULLOCH, n, Oakland County Board sioners 'f2 . IN WITNESS WHEREOF, DALE A. STUART, Supervisor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this / e' day of erayt.4.44. , 1998. CHARTER TOWNBHIP OF INDEPEN a Mi WITNESSES: al Corporation Iwi BY "Buo,-4 :cg- .1 A _ / e i Ctt . EPPEre- DA12 .0nISTUART Supervisor • BY: JOAN E. McCRARY Clerk t /itz' / h e' IN WITNESS WHEREOF, John P. McCulloch, 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 COUNTYOF OAKLAND to the terms and conditions of the Agreement on this @-6-"Aday of , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporiatfin IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds the COUNTY OF OMLAND to the terms and conditions of the Agreement on this /1 day of 47 I/ Sr ,1998. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer NIL JOHN F. NICHOL Oakland County Sheriff 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 13 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant 1 $3,723.31 $3,834.23 $3,941.50 Patrol 2 $3,506.73 $3,610.15 $3,709.77 Sergeant Detective $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy ll $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy ll 15 $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy ll $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol 4 $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 22 NOTE: For each PATROL DEPUTY ll (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 14 trz SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME' OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL' INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant U U U YES Deputy II „ INCLUDED INCLUDED INCLUDED NO (w/fill) Deputy ll II NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy ll „ „ (no-fill/no- „ " YES vehicle) Patrol „ „ ,. " YES Investigator (no-fill) „ „ Deputy I „ „ YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 15 •fz SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy ll $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 16 $4,488.46 1 $4,059.77 2 $3,821.07 $3,780.58 $3,825.46 15 $3,380.73 $3,078.00 Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL 4 $3,326.38 $2,728.42 22 $3,440.38 $2,810.19 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY •fz Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 2002 81-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 17 SCHEDULE B-1 HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME' OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL' INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES Deputy ll ., INCLUDED INCLUDED INCLUDED NO (wit ill) Deputy ll ,. NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II „ „ (no-fill/no- ., .. YES vehicle) Patrol ., „ ,, ., YES Investigator (no-fill) ,. Deputy I ., ., „ YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 18 ez • Id • SCHEDULE C-i HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (wit ill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Page 19 # • OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON This Agreement is made and entered into between the CHARTER TOWNSHIP OF LYON, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 58000 Grand River Avenue, New Hudson, Michigan, 48165 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 2 '.f2. 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 3 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 4 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 6 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.5.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 7 f2. 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 8 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 9 f2. • .• provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 10 f2 't . regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 11 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 12 OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: HN F. NICHOLS, •akland County Sheriff IN WITNESS WHEREOF, JAMES F. ATCHISON, Supervisor, for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this 20th day of November , 1998. WITNESSES: CHARTER TOWNSHIP OF LYON, a Michigan Municipal Corporation JAMES F. ATCHISON, Supervisor BY: 1/4-1A-14,1,Ciet PAMELA JOHNSO , Clerk IN WITNESS WHEREOF, John P. McCulloch, 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 2"c5-- day of , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: ti JOHN McCULLOCH, Chairp son, Oakland County Board of Commissioners IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds th_gOUNTY OF °OLAND tp rip terms and conditions of the Agreement on this SO I F"day of 1998. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 13 1 $3,466.58 9 $3,510.81 $3,103.81 $2,816.81 $3,063.65 $2,505.69 1 11 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 1999 $4,124.00 $3,723.31 $3,506.73 Bi-Weekly Charge to Municipality in 2000 $4,242.00 $3,834.23 $3,610.15 $3,569.81 $3,614.46 $3,195.23 $2,901.31 Bi-Weekly Charge to Municipality in 2001 $4,357.69 $3,941.50 $3,709.77 $3,670.42 $3,714.08 $3,282.31 $2,988.38 $3,154.88 $3,242.96 $2,579.73 $2,648.88 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY ll (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 14 472 SCHEDULE B HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME2 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL3 INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant U U U U YES „ Deputy ll INCLUDED INCLUDED INCLUDED NO (w/fill) Deputy II „ NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy ll „ II I II (no-fill/no- I YES vehicle) „ „ I II Patrol I YES Investigator (no-fill) II I I Deputy I II I I YES (no-fill) NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2 Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 15 0:6 : SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy ll $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 16 1 11 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Bi-Weekly Charge to Municipality in 2002 Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy ll (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Number(s) of Sheriffs Deputies Contracted $4,488.46 $4,059.77 $3,821.07 1 $3,780.58 9 $3,825.46 $3,380.73 $3,078.00 $3,326.38 $2,728.42 Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 $3,440.38 $2,810.19 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 17 HOLIDAY OVERTIME' NOT ELIGIBLE NOT INCLUDED INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED II N It II It . „ 1k12 :4 • SCHEDULE B-1 HOLIDAY PAY Lieutenant OPTIONAL' Rank(s) of Sheriffs Deputies Captain INCLUDED INCLUDED REGULAR HOLIDAY PAY ADDITIONAL OVERTIME CHARGES Patrol Sergeant Detective Sergeant Deputy ll (w/fill) Deputy ll (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED REGULAR HOLIDAY PAY/NOT WORKED' NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 18 SCHEDULE CA HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF LYON Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND This Agreement is made and entered into between,the CHARTER TOWNSHIP OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 4393 Collins Road, Rochester, Michigan, 48306 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY a OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal ,, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 2 .f2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, ta the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of .LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT 1MTH CHARTER TOWNSHIP OF OAKLAND Page 3 f2 the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted • toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 4 .2 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 6 .f2 MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station - telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 7 f2 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any altegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY Pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 8 rz which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT.. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 9 f2 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31,.2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the • MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has .a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 10 f2 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any • sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 11 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 12 BY: JOAN M. BUSER SupeNsor CAROLY Clerk PHELPS - Ilk L. 14/IV BY: BY: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer OHN 'F. NICHOLS, Oakland County Sheriff WITNESS: IN WITNESS WHEREOF, JOAN M. BUSER, Supervisor, for the MUNICIPALITY, hereby acknowledges that she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and bAds thV_IUNICIPALITY to the terms and conditions of this Agreement on this /5 day of u } a x , 1998. r2 WITNESSES: CHARTER TOWNSHIP OF OAKLAND, a Michigan Municipal Corporation IN WITNESS WHEREOF, John P. McCulloch, 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 gir‘‘day of r ,1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal CoriorgIVAn JOH11. McCULLOCH, Chai p rson, Oakland County Board of C missioners IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds,thA- COUNTY OF to the terms and conditions of the Agreement on this 5 day of , 1998. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 13 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to . Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant $3,723.31 $3,834.23 $3,941.50 Patrol 1 $3,506.73 $3,610.15 $3,709.77 Sergeant Detective $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy ll 5 $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy II 1 $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy ll $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 7 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 14 f2 Captain INCLUDED INCLUDED Lieutenant OPTIONAL3 YES Detective Sergeant YES SCHEDULE B HOLIDAY PAY Rank(s) of Sheriffs Deputies Patrol Sergeant REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME2 NOT ELIGIBLE NOT INCLUDED ADDITIONAL OVERTIME CHARGES NOT ELIGIBLE NO NOT INCLUDED YES Deputy ll (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED II INCLUDED NO NOT INCLUDED YES YES YES YES NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3 Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 16 rz SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to DEPUTIES Deputies Municipality . Municipality Contracted in 2002 in 2003 Captain $4,488.46 $4,623.04 Lieutenant $4,059.77 $4,181.54 Patrol 1 $3,821.07 $3,935.69 Sergeant - Detective $3,780.58 $3,894.00 Sergeant Deputy II 5 $3,825.46 $3,940.15 (w/fill) Deputy ll 1 $3,380.73 $3,482.07 (no-fill) Deputy II $3,078.00 $3,170.27 (no-fill/no- vehicle) Patrol $3,326.38 $3,440.38 Investigator (no-fill) Deputy I $2,728.42 $2,810.19 (no-fill) TOTAL 7 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 17 f2 SCHEDULE B-1 HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED" OVERTIME5 OVERTIME CHARGES NOT NOT Captain INC-LUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL!' INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES Deputy II ., INCLUDED INCLUDED INCLUDED NO (w/fill) n Deputy II NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy ll (no-fill/no- .. „ ,, „ YES vehicle) . Patrol ., „ „ „ YES Investigator (no-fill) . Deputy I ., „ , „ YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 6Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 18 f2 • SCHEDULE CA HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant _ $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OAKLAND Page 19 OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION This Agreement is made and entered into between the CHARTER TOWNSHIP OF ORION, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 2525 Joslyn Road, Lake Orion, Michigan, 48360 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY .f2 OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 2 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY -related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 3 f2 . the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 4 f2 . f2 c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 6 f2 . f2 • MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 8 f2 f2 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT VV1TH CHARTER TOWNSHIP OF ORION Page 9 . • 12 . provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 10 regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 11 f2 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. f2 • 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 12 COLETTE M. DYWAS Supervisor BY: qd,z)J Orhoe_i/r—e,se L D. BASTIAN lerk Municipal Corpqration BY: cCULLOCH, rson, Oakland County Board missioners JOH Chai of C BY JOHN F.NICHOLS, Oakland County Sheriff IN WITNESS WHEREOF, COLETTE M. DYWASUK, Supervisor, for the MUNICIPALITY, hereby acknowledges that she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this I I4--b day of 52fyiernh.¢.,r-- , 1998. WITNESSES: CHARTER TOWNSHIP OF ORION, a Michigan Municipal Corporation f2 TLA.Li'APJ &I j4. riaAA'A_ C. "R9 .%/41,44stz 1 4 C. 4.(tl.) IN WITNESS WHEREOF, John P. McCulloch, 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 adecNNday of , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds theS_OUNTY OF OAISAKro-ithe terms and pnditions of the Agreement on this /T r 7:ilay of , 1998. OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 13 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly SHERIFF'S of Sheriffs Charge to Charge to Charge to DEPUTIES Deputies Municipality Municipality Municipality Contracted in 1999 in 2000 in 2001 Captain $4,124.00 $4,242.00 $4,357.69 Lieutenant 1 $3,723.31 $3,834.23 $3,941.50 Patrol 1 $3,506.73 $3,610.15 $3,709.77 Sergeant Detective 1 $3,466.58 $3,569.81 $3,670.42 Sergeant Deputy II 3 $3,510.81 $3,614.46 $3,714.08 (w/fill) Deputy ll 15 $3,103.81 $3,195.23 $3,282.31 (no-fill) Deputy II $2,816.81 $2,901.31 $2,988.38 (no-fill/no- vehicle) Patrol 3 $3,063.65 $3,154.88 $3,242.96 Investigator (no-fill) Deputy I $2,505.69 $2,579.73 $2,648.88 (no-fill) TOTAL 24 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above and assigned one to each shift, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY ll (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 14 .f2 • REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY PAY HOLIDAY OVERTIME2 ADDITIONAL OVERTIME CHARGES NOT ELIGIBLE NOT INCLUDED NOT ELIGIBLE NOT INCLUDED II TI NOT NOT INCLUDED INCLUDED NOT INCLUDED INCLUDED INCLUDED INCLUDED II SCHEDULE B f2 Rank(s) of Sheriffs Deputies Captain INCLUDED INCLUDED Lieutenant OPTIONAL3 Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 'Depends on Holiday. Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 16 f2 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY .f2 . Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy ll (w/fill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Charge to Municipality in 2002 1 1 1 $3,780.58 3 $3,825.46 15 $3,380.73 $3,078.00 3 $3,326.38 $2,728.42 24 Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 $3,440.38 $2,810.19 Number(s) of Sheriffs Deputies Contracted $4,488.46 $4,059.77 $3,821.07 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above and assigned one to each shift, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 17 SCHEDULE HOLIDAY PAY REGULAR Rank(s) of REGULAR HOLIDAY Sheriffs HOLIDAY PAY/NOT HOLIDAY ADDITIONAL Deputies PAY WORKED' OVERTIME5 OVERTIME CHARGES NOT NOT Captain INCLUDED INCLUDED ELIGIBLE ELIGIBLE NO NOT NOT Lieutenant OPTIONAL6 INCLUDED INCLUDED YES Patrol Sergeant YES Detective Sergeant YES Deputy ll II INCLUDED INCLUDED INCLUDED NO (w/fill) .. Deputy ll NOT NOT NOT YES (no-fill) INCLUDED INCLUDED INCLUDED Deputy II ,, , (no-fill/no- ., „ , YES vehicle) ,. „ Patrol II II YES Investigator (no-fill) . Deputy I , „ „ „ YES (no-fill) NOTE: As used above "INCLUDED" or "NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & Ifs) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 18 f2 .t2 $t • SCHEDULE C-1 HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy ll $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF ORION Page 19 • 12 I OAKLAND COUNTY SHERIFF'S DEPARTMENT 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD This Agreement is made and entered into between the CHARTER TOWNSHIP OF SPRINGFIELD, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 650 Broadway, P.O. Box 1038, Davisburg, Michigan, 48350 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY; and Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County but, absent an agreement such as this, has only limited responsibility for police services in the MUNICIPALITY; and Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the 0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law Enforcement Services in the MUNICIPALITY; and Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW. THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "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. b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be defined and interpreted as the prevention and detection of crime and the enforcement of the general criminal laws of this state, as provided for by state statutes and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic ordinance violations and laws of this state, and shall also include road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace, civil infractions, accidents or accidental injuries, and any related governmental law enforcement functions as authorized and/or mandated by law as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 2 4- f2 • 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. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County- wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the 0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance- based outcome. 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 3 • .f2 • the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A 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 DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at any 0.C.S.D. authorized or required training session, function or meeting; 3. Provision of any Mutual Aid as described and defined above; 4. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities; 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any SHERIFF'S DEPUTY in accordance with applicable 0.C.S.D. policies, procedures, and/or employment contracts. b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate law enforcement efforts to meet particular law enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 4 • c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business hours. 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 5 charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 6 - n MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revokable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to, heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanently installed Sub-Station telephone), at no cost to the 0.C.S.D. c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement as provided herein. Any such Sub-Station License shall also be terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY, or the SHERIFF d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY rights or protections under any MUNICIPALITY insurance policy, or similar agreement with any third party, protecting the MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility directly caused by or directly resulting from the act of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and equipment. 12. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under existing law. 13. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 14. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 7 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.D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any 0.C.S.D.'S duty or obligation under the terms of this Agreement. 15. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 16. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms, and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The 0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the 0.C.S.D. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 17. Except as otherwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above) 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) 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 8 which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICIPALITY OFFICIAL both incurred and 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, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for any alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 18. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL 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 MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY 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. 20. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. 21. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or indemnification provision, or any other provision of this Agreement, shall inure, either directly or indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 9 provided for herein. Except as expressly provided herein, this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind in favor of any person, organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 22. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 1999, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on December 31, 2003. In addition, either the COUNTY, the SHERIFF, or the MUNICIPALITY may terminate this Agreement, prior to its December 31, 2003 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 the written notice. Upon the expiration or termination of this Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 23. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 24. In the event that 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.D., in writing, of this intent no later than July 31, 2003. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the 0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on, or before, August 22, 2003. In no event shall this paragraph be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed by the parties. 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 agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY. 25. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or 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. 26. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable 0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 10 * regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the 0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms of this Agreement. 27. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. 28. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 29. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 11 • •• f2 subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 30. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 31. This Agreement, consisting of nineteen pages, including SCHEDULE A, SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 12 WITNESSES: CHARTER TOWNSHIP OF SPRINGFIELD, a MichigNi Municipal Corporation BY: COLLIN W. WALLS, Supervisor BY: NANCff-STRIDLE, Cler 0 BY: BY: N F. NICHOLS, akland County Sheriff • IN WITNESS WHEREOF, COLLIN W. WALLS, Supervisor for the MUNICIPALITY, hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and bins the MUNICIPALITY to the terms and conditions of this Agreement on this 3 /s-L-day of /4-,, 5 .‘ , 1998. IN WITNESS WHEREOF, John P. McCulloch, 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 11-1."` day of 9•,t4cii,\cyt , 1998. WITNESS: COUNTY OF OAKLAND, a Michigan Municipal Corpotatitin JOHN 1D/ MdCULLOCH, Chairp son, Oakland County Board of Con issioners IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer,hereby accepts and binds theAOUNTY OF OAISIDifo the terms and conditions of the Agreement on this 4 day of nig-70476C , 1998. OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 13 Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 1999 $4,124.00 $3,723.31 $3,506.73 1 $3,466.58 6 $3,510.81 $3,103.81 $2,816.81 $3,063.65 $2,505.69 7 ' • SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy ll (wit ill) Deputy ll (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Charge to Municipality in 2000 $4,242.00 $3,834.23 $3,610.15 $3,569.81 $3,614.46 $3,195.23 $2,901.31 Bi-Weekly Charge to Municipality in 2001 $4,357.69 $3,941.50 $3,709.77 $3,670.42 $3,714.08 $3,282.31 $2,988.38 $3,154.88 $3,242.96 $2,579.73 $2,648.88 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 14 Captain INCLUDED INCLUDED Lieutenant n OPTIONAL3 NOT ELIGIBLE NOT INCLUDED II INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED II II II II II II II II II II II II II II SCHEDULE B HOLIDAY PAY Rank(s) of Sheriffs Deputies REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME2 ADDITIONAL OVERTIME CHARGES Patrol Sergeant Detective Sergeant Deputy II (w/fill) Deputy ll (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 2Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 15 SCHEDULE C HOURLY RATES Regular Regular Regular Overtime Overtime Overtime Hourly Hourly Hourly Hourly Hourly Hourly Rate 1999 Rate 2000 Rate 2001 Rate Rate Rate 1999 2000 2001 Captain N/A* N/A* N/A* N/A* N/A* N/A* Lieutenant $35.01 $36.05 $37.13 $52.51 $54.08 $55.70 Patrol $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Detective $32.43 $33.40 $34.40 $48.64 $50.10 $51.60 Sergeant Deputy ll $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (w/fill) Deputy II $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 (no/fill) Deputy II $27.45 $27.27 $29.11 $41.17 $42.40 $43.67 (no-fill/no- vehicle) Patrol $27.45 $28.27 $29.11 $41.17 $42.40 $43.67 Investigator (no-fill) Deputy I $20.31 $20.92 $21.55 $30.47 $31.38 $32.33 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 16 Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipality in 2002 $4,488.46 $4,059.77 $3,821.07 1 $3,780.58 6 $3,825.46 $3,380.73 $3,078.00 $3,326.38 $2,728.42 7 SCHEDULE A-1 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy H (w/fill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL Bi-Weekly Charge to Municipality in 2003 $4,623.04 $4,181.54 $3,935.69 $3,894.00 $3,940.15 $3,482.07 $3,170.27 $3,440.38 $2,810.19 NOTE: For each PATROL DEPUTY ll (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 17 Captain INCLUDED INCLUDED Lieutenant OPTIONAL' Patrol Sergeant Detective Sergeant II II INCLUDED INCLUDED NOT NOT INCLUDED INCLUDED .f2 SCHEDULE HOLIDAY PAY Rank(s) of Sheriffs Deputies REGULAR HOLIDAY PAY REGULAR HOLIDAY PAY/NOT WORKED' HOLIDAY OVERTIME' ADDITIONAL OVERTIME CHARGES Deputy II (w/fill) Deputy ll (no-fill) Deputy ll (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) NOT ELIGIBLE NOT INCLUDED NOT ELIGIBLE NOT INCLUDED INCLUDED NOT INCLUDED NO YES YES YES NO YES YES YES YES NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been included in the Bi-Weekly Charges shown in SCHEDULE A. 'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate. 'Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES. 6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 18 12 4 • SCHEDULE HOURLY RATES Regular Regular Overtime Overtime Hourly Hourly Hourly Hourly Rate 2002 Rate 2003 Rate Rate 2002 2003 Captain N/A* N/A* N/A* N/A* Lieutenant $38.25 $39.40 $57.38 $59.10 Patrol $35.43 $36.49 $53.15 $54.74 Sergeant Detective $35.43 $36.49 $53.15 $54.74 Sergeant Deputy ll $29.99 $30.89 $44.98 $46.33 (w/fill) Deputy It $29.99 $30.89 $44.98 $46.33 (no/fill) Deputy II $29.99 $30.89 $44.98 $46.33 (no-fill/no- vehicle) Patrol $29.99 $30.89 $44.98 $46.33 Investigator (no-fill) Deputy I $22.19 $22.86 $33.29 $34.29 (no-fill) *N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies. 0.C.S.D. 1999-2003 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF SPRINGFIELD Page 19