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HomeMy WebLinkAboutResolutions - 2019.01.24 - 30966MISCELLANEOUS RESOLUTION #190 ,17 January 24, 2019 BY: Commissioner Gary McGillivray, Chairperson, Public baiety and Social Justice Committee IN RE: SHERIFF'S OFFICE — NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL AGREEMENT WITH THE VILLAGE OF FRANKLIN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of the Sheriff; and WHEREAS as part of the policy and operational control on NET, the County and the local units have agreed upon the attached Interlocal Agreement (M.R. #01024); and WHEREAS the Village of Franklin is requesting to join the Oakland County Narcotics Enforcement Team; and WHEREAS the Village of Franklin has agreed to the attached Interlace! Agreement between the Village and the County; and WHEREAS the Sheriff and the NET Advisory Board have agreed to allow the Village of Franklin to participate in NET and have agreed to the attached Interlocal Agreement; and WHEREAS there is no additional budgetary impact as a result of the Village of Franklin participating in NET as there are resources available in the Sheriff's Office existing budget since White Lake will no longer be participating in NET; and WHEREAS Corporation Counsel has approved the attached agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlace] Agreement with The Village of Franklin and authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED a budget amendment is not required at this time. Chairperson, on behalf of the Public Safety and Social Justice Committee, I move adoption of the foregoing resolution. Commissifonerpary McGillivray, Distritt #20 Chairperson, Public Safety and Social Justice Committee PUBLIC SAFETY AND SOCIAL JUSTICE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Hoffman absent. OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM BETWEEN OAKLAND COUNTY AND VILLAGE OF FRANKLIN This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and Village of Franklin, a municipal corporation located in the County of Oakland, 32325 Franklin Road, Franklin, Michigan 48025 ("Participating Agency"). In this Agreement, the County and the Participating Agency may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, el seq., the County and the Participating Agency enter into this Agreement for the purpose of creating the Oakland County Narcotic Enforcement Team under the direction and supervision of the Oakland County Sheriffs Office ("OCSO") and creating the Oakland County Narcotic Enforcement Team Advisory Board to provide recommendations and counsel regarding the direction and operation of the Oakland County Narcotic Enforcement Team. The mission of the Oakland County Narcotic Enforcement Team is to encourage interagency cooperation between law enforcement agencies within Oakland County and other federal agencies in an effort to apprehend and convict those involved in the use, sale, and distribution of illegal drugs and narcotics. The goals of the Oakland County Narcotic Enforcement Team are: I. To investigate drug trafficking within Oakland County with the purpose of detecting and apprehending persons who violate narcotic and drug laws within Oakland County. 2. To provide a means of training officers of these agencies in the techniques of narcotic and drug law enforcement. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1 . ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services and obligations set forth in this Agreement shall be provided through the Oakland County Sheriffs Office. All Participating Agency's services and obligations set forth in this Agreement shall be performed by the Village of Franklin. The Oakland County Narcotic Enforcement Advisory Board will provide recommendations and Village of Franklin Net Interlocal Agreement Page 1 counsel regarding the direction and operation of the Oakland County Narcotic Enforcement Team. 2. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows, 2.1. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, any and all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such person's successors. means any calendar day beginning at 12:00:01 a.m. and ending at 11:59:59 p.m. 2.3. Fiscal Year means October 1 to September 30. 2.4. Participatin2 A2encv means Village of Franklin, including, but not limited to, its Council, any and all of its departments, divisions, committees, authorities, elected and appointed officials, directors, board members, council members, commissioners, employees, agents, subcontractors, volunteers, and/or any such person's successors. 2.5 Oakland County Narcotic Enforcement Team ("NET") means a multi- jurisdictional task force under the direction and supervision of the Oakland County Sheriff's Office, operating pursuant to the mission and goals set forth in the Agreement. 2.6. Oakland County Narcotic Enforcement Team Advisory Board ("NET Advisory Board") means the body made up of the Participating Agency's Police Chief or their designee who supply personnel to NET on a full-time basis and a representative of the Oakland County Prosecutor's Office. 3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 3.1. Exhibit A. NET Bylaws. 3.2. Exhibit B. Deputation Application and Affidavit. 4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the County shall provide the following: 4.1. A building for use by NET, including repair and maintenance of the building; 4.2. Utilities for the building, including, but not limited to, electricity, heating, cooling and water; 4.3. Janitorial Services; 4.4. Office furniture and equipment, including, but not limited to, telephones, copier, fax, office supplies, and computer hardware and software, and repair and maintenance of such furniture and equipment; Village of Franklin Net Interlocal Agreement Page 2 4.5. Security equipment for the building; 4.6. Fire alarm and detection equipment; 4,7. Coordination of training of NET personnel; 4.8. Except for a duty weapon, equipment related to the operation of NET, including, but not limited to, radios, cellular phones, pagers, bullet proof vests, travel related to NET operations, and investigative expenses related to NET operations; 4.9. Vehicles needed for the operation of NET; 4.10. Deputation of all NET personnel; and 4.11. Liability Protection for the employees assigned to NET by the Participating Agency as set forth in Section 8.2. 5. PARTICIPATING AGENCY'S RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the Participating Agency shall provide the following: 5.1. One or more full-time employees with a duty weapon for participation in NET. All costs associated with employment, including, but not limited to, wages, salary, overtime, benefits, local, state and federal taxes associated with employment, and worker's compensation, which costs shall be the sole responsibility of the Participating Agency. 6. NET ADVISORY BOARD RESPONSIBILITIES. Subject to the terms and conditions contained in the Agreement and applicable changes in law, the NET Advisory Board shall perform the following: 6.1. Provide recommendations and counsel regarding the direction and operation of NET; and 6.2. Create and regularly review the NET Bylaws and amend them if necessary. 6.3. The Advisory Board shall meet at least quarterly. Proper notice of the meetings shall be sent to all Participating Agencies at least seven (7) calendar days before the meeting is scheduled. 7. DURATION OF INTERLOCAL AGREEMENT. 7.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 7.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 9. 8. ASSURANCES. 8.1. Except as provided in Section 8.2, each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. Village of Franklin Net Interlocal Agreement Page 3 8.2. Because the employees specifically assigned and supplied by the Participating Agency to the Task Force are under the control and supervision of the County, i.e., the Task Force Sergeant, such employees of the Participating Agency will be covered under the County Indemnification Policy (specifically, County Miscellaneous Resolutions 85339 and 86124 and any amendments thereto) for law enforcement professional liability while acting within the scope of their authority under the Task Force. Consistent with County Miscellaneous Resolutions 85339 and 86124, and as further described in such Resolutions, the County shall select the attorney to represent individuals on the Task Force and shall have control and supervision over any claims or lawsuits involving the individuals on the Task Force including, but not limited to, settlement of any claims or lawsuits. The County liability protection pursuant to this Section shall be primary and the Participating Agency's liability protection shall be excess. 9. TERMINATION OR CANCELLATION OF AGREEMENT. 9.1. Either Party may terminate or cancel this Agreement for any reason upon 30 days notice before the effective date of termination or cancellation. The effective date for termination or cancellation shall be clearly stated in the notice. 9.2. The Parties shall not be obligated to pay a cancellation or termination fee if this Agreement is cancelled or terminated as provided herein. 10. SUSPENSION OF SERVICES. Upon notice to the Participating Agency and recommendation from the NET Advisory Board, the County may immediately suspend this Agreement or the Participating Agency's participation in NET if the Participating Agency has failed to comply, within the County's discretion, with federal, state, or local law, or any requirements contained in this Agreement. The right to suspend services is in addition to the right to terminate or cancel this Agreement contained in Section 9. The County shall incur no penalty, expense, or liability if services are suspended under this Section. 11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 12. COMPLIANCE WITH LAWS, Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this Agreement, and properly promulgated amendments to those Exhibits. 13. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations for its employees and/or agents necessary to perform Village of Franklin Net Interlocal Agreement Page 4 all its obligations under this Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. 15. RESERVATION OF RIGHTS. This Agreement does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 16. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. 17. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. 18. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 19. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 20. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 21 NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first-class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing by first class or certified U.S. mail. Village of Franklin Net Interlocal Agreement Page 5 21.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Sheriff Office, 1200 N. Telegraph, Building 38 East, Pontiac, MI 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341-0470. 21.2. If Notice is sent to the Participating Agency, it shall be addressed to: Chief of Police, Village of Franklin, 32325 Franklin Road, Franklin, Michigan 48025. 21.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE, This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Pat-ty's governing body. 24. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Village of Franklin Net Interlocal Agreement Page 6 IN WITNESS WHEREOF, hereby acknowledges that he has been authorized by a resolution of the Village of Franklin Council, a certified copy of which is attached, to execute this Agreement on behalf of the Village of Franklin. EXECUTED: DATE: Name: Title: WITNESSED: DATE: Name: Title: IN WITNESS WHEREOF, David T. Woodward, 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 Oakland County. EXECUTED: DATE: David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Name: Title: County of Oakland Village of Franklin Net Interlocal Agreement Page 7 Resolution #19017 January 24, 2019 Moved by Gingell seconded by Jackson the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Taub, Weipert, Woodward, Zack, Gershenson. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI_ 45559A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 24, 2019, 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 24th day of January, 2019. Lisa Brown, Oakland County